Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 8, 1990 and adjourned Friday, March 9, 1990, volume II

Compiler's Note
The Journal of the House of Representatives regular session of 1990 and extraordinary session of 1989 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 8, 1990 through February 22, 1990. Volume II contains February 26, 1990 through March 9, 1990 regular session and September 11, 1989 through September 15, 1989 extraordinary session.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8, 1990 and adjourned Friday, March 9, 1990
VOLUME II
1990 Atlanta, Ga.

MONDAY, FEBRUARY 26, 1990

1651

Representative Hall, Atlanta, Georgia Monday, February 26, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron Abernathy Adams
Aiken Alford Alien
Athon Atkins Bailey
Baker Balkcom Bannister Barfoot Bargeron Barnett.B Barnett.M Bates Beck
Benefield Benn Birdsong
Bishop Bostick Branch Breedlove Brooks Buck
Byrd Campbell Carrell Carter Chambless Chance

Cheeks Childers Clark.B Clark.H
Clark.L Coleman Colwell Connell Crawford Crosby Cummings,B
Cummings,M Davis.C Davis.G Davis.M Dixon.S Dobbs Dover Dunn Edwards
Ehrhart
Felton Fennel Floyd,J.M Floyd,J.W Foster Godbee
Green
Greene Gresham Griffin Groover Hamilton

Hanner Harris Hasty Heard Herbert Holcomb Holland Hooks
Howren
Hudson Irwin Isakson Jackson,J Jackson,W Jamieson Jenkins Jones Kilgore Kingston Lane,D
Lane,R Langford Lawrence Lawson Lee Linder
Long Lord
Lupton
Mangum McCoy McKelvey

McKinney,B McKinney.C Meadows Milam Mobley Moody Morton Moultrie Mueller Oliver.C Oliver.M Orr Orrock Padgett Pannell Parham
Parrish
Patten Pettit Poag
Porter
Poston Powell
Ransom
Reaves Redding
Richardson
Ricketson
Robinson
Royal Selman
Simpson

Sinkfield Smith,L Smith,P Smith.T Smith,W
Snow Stancil,F Stancil,S Stanley Stephens Streat Teper Thomas.C Thomas,M Thompson Titus Tolbert Townsend Twiggs Vaughan
Waddle
Walker,L
Wall
Watson
Watts White
Wilder
Williams.B
Williams,J
Yates
Yeargin
Murphy,Spkr

Prayer was offered by the Reverend Peggy H. Lowe, Lyerly/Oak Hill Charge, United Methodist Church, Lyerly, Georgia.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be
correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.

1652

JOURNAL OF THE HOUSE,

5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 2013. By Representative Green of the 106th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the compensation of the members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2014. By Representative Parrish of the 109th:
A bill to amend an Act creating a board of commissioners for Emanuel County, so as to change the compensation of the members and chairman of that board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2015. By Representative Stancil of the 66th:
A bill to amend an Act providing a new charter for the City of Madison, so as to provide for a city manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2016. By Representative Chance of the 129th:
A bill creating a new charter for the Town of Rincon, so as to clarify and redefine the corporate limits of said town.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2017. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Tallapoosa, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

HB 2018. By Representatives Gresham of the 21st, Atkins of the 21st, Howren of the 20th, Ehrhart of the 20th, Clark of the 20th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 26, 1990

1653

HB 2019. By Representatives Ray of the 98th and Jenkins of the 80th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2020. By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for councilmen election posts and for designations relating to such posts and the office of mayor; to provide for the manner of electing members of the city council and provide for terms and election dates.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2021. By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to change the compensation provisions relating to the chairman and other members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2022. By Representative Oliver of the 121st:
A bill to amend an Act creating a board of commissioners for Tattnall County, so as to change certain provisions relating to compensation of the chairman and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2023. By Representatives Alford of the 57th, Athon of the 57th, Teper of the 46th, Baker of the 51st, Mangum of the 57th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2024. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the probate court; to provide for a cost-of-living adjustment.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2025. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, so as to change the compensation of the chief magistrate; to provide for a cost-of-living adjustment.
Referred to the Committee on State Planning & Community Affairs - Local.

1654

JOURNAL OF THE HOUSE,

HB 2026. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner; to provide for a costof-living adjustment.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2027. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner; to provide for a cost-of-living adjustment.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2028. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk and deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2029. By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A bill to provide that Houston County may receive the proceeds of the special county 1 percent sales and use tax provided for in Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, without such receipt resulting in a corresponding limitation of its ad valorem taxing powers, as would otherwise result from the operation of that constitutional amendment limiting the ad valorem taxing powers of Houston County and the Houston County School District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2030. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Ehrhart of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2031. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to create the Camden County Public Service Authority; to provide a short title.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 26, 1990

1655

HB 2032. By Representative Bannister of the 62nd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to prohibit a merchant from requiring the home address, telephone number, or other personal information of a holder of a financial transaction card in writing on certain records of sale.
Referred to the Committee on Industry.

HB 2033. By Representatives Clark of the 20th and Hasty of the 8th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of biomedical waste; to provide for definitions; to provide standards and requirements for certain facilities which produce biomedical waste.
Referred to the Committee on Health & Ecology.

HB 2034. By Representative White of the 132nd:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to hunting wildlife.
Referred to the Committee on Judiciary.

HB 2035. By Representatives Yates of the 75th and Adams of the 79th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the expense allowance of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2036. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Walker of the 85th, Ransom of the 90th and others:
A bill to amend an Act providing a charter for the City of Augusta, so as to provide for intent; to reduce the period within which candidates shall be required to file notice of candidacy and otherwise qualify to run for the office of mayor or the office of councilmember of the city council of Augusta.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2037. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, so as to change the provisions relating to special assessments for certain improvements and provide for liens therefor and enforcement thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2038. By Representatives Goodwin of the 63rd, Wall of the 61st, Orr of the 9th, Lawson of the 9th and Mobley of the 64th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to provide for compensation supplements of certain senior judges serving as judges of the Gwinnett Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

1656

JOURNAL OF THE HOUSE,

HB 2039. By Representative Carrell of the 65th:
A bill to amend an Act providing for a homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county, so as to change the definition of "homestead"; to increase the homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2040. By Representatives Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd, Johnson of the 123rd and Kingston of the 125th:
A bill to amend an Act to provide for the payment to the district attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the district attorney from the State of Georgia, so as to change the amount of such supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2041. By Representative Carrell of the 65th:
A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the manner in which members of the board are elected; to provide for meetings; to change the power to contract.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2042. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to provide a new charter for the City of Ball Ground.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2043. By Representatives Porter of the 119th, Pinkston of the 100th, Randall of the 101st, Lucas of the 102nd, Groover of the 99th and others:
A bill to create the Middle Georgia Surface and Air Transportation Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2044. By Representatives Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2045. By Representative Ray of the 98th:
A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 26, 1990

1657

HB 2046. By Representative Ricketson of the 82nd:
A bill to amend an Act creating a new charter for the City of Warrenton, so as to change the method of election and terms of office of the mayor and members of the city council, including the mayor pro tempore.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2047. By Representative Ricketson of the 82nd:
A bill to amend an Act providing for the election of the members of the board of education of Wilkes County, so as to change the provisions relating to the election and terms of members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2048. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 956. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Vaughan of the 20th, Aiken of the 21st and others:
A resolution creating the Cobb County Legal Costs and Public Officers' Independent Counsel Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 957. By Representatives Ransom of the 90th, Howren of the 20th, Ehrhart of the 20th, Barnett of the 59th, Bannister of the 62nd and others:
A resolution urging the Congress of the United States to propose an amendment to the Constitution of the United States to limit the number of terms a person may serve in the United States House of Representatives to no greater than six and to limit the number of terms a person may serve in the United States Senate to no greater than two.
Referred to the Committee on Rules.

HR 959. By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th, Birdsong of the 104th, Groover of the 99th and others:
A resolution designating the Joe A. Whitherington Bridge.
Referred to the Committee on Transportation.

HR 960. By Representatives Morton of the 47th, Redding of the 50th, Cheeks of the 89th, Davis of the 72nd, Lord of the 107th and others:
A resolution reaffirming the exclusive authority of the Georgia General Assembly in matters pertaining to the regulation of firearms.
Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

1658

JOURNAL OF THE HOUSE,

HB 1996 HB 1997 HB 1998 HB 1999 HB 2000
HB 2002 no zuuz rio 2003 HB 2004 HB 2005 HHBB 22000067 HB 2008
HB 2009 HB 2010 HB 2011
HB 2012 HR 931
HR 932
SB 451

SB 534 SB 545 SB 645 SB 658 SB 669
SB 688 OT> fJQQ OTJ *7fii g If, |jj SOBD 728 SB 731
K IU SB 743 SB 744
SR 416 SR 419
SR 442
SR 444

Representative Clark of the 55th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 305 Do Pass, by Substitute
Respectfully submitted, Is,/ Clark of the 55th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1944 Do Pass, as Amended HB 1972 Do Pass HB 1973 Do Pass HB 1979 Do Pass HB 1980 Do Pass HB 1981 Do Pass HB 1982 Do Pass HB 1983 Do Pass HB 1984 Do Pass HB 1985 Do Pass HB 1986 Do Pass

HB 1987 Do Pass HB 1988 Do Pass HB 1989 Do Pass HB 1990 Do Pass HB 1991 Do Pass HB 1992 Do Pass HB 1993 Do Pass HB 1994 Do Pass HB 1995 Do Pass HB 1975 Do Pass HB 1976 Do Pass

Respectfully submitted, Is/ Lane of the 27th
Chairman

MONDAY, FEBRUARY 26, 1990

1659

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 26, 1990

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:

HB 164 HB 278 HB 553 HB 770 HB 947 HB 951 HB 1143 HB 1293 HB 1305 HB 1414 HB 1574 HB 1663 HB 1813 HB 1827 HB 1834 HB 1939 HB 1946 HB 1951 HB 1969

Taxation; Marijuana and Controlled Substances Municipalities; Boundaries; Certain Exceptions Education Personnel; Development Programs; Stipends Hotel-Motel Tax; Counties/Municipalities; Rate Radiation Control; Regulation by Human Resources Dept. Local Bds. of Ed.; Vary Length of Sch. Year; Repeal Cer. Provisions State-Wide Network of Reg. Ed. Serv. Agencies; Local Assistance Criminal Procedure; Certain Offenses; Period for Prosecution Atlanta Judicial Circuit; Add Judge Dietetics Practice Act; Enact Augusta Judicial Circuit; Add Judge District Attorneys; Personnel; Continuation of Certain Positions Health Care; Cost of Services; Review Buildings; Water Preservation; Indoor Plumbing; Requirements Wills; Renouncement; Hand Delivery or by Mail Certificate of Need; Revocation Coweta Judicial Circuit; Add Judge Flint Judicial Circuit; Add Judge Courts; Temporary Assignment of Judges

HR 777 Public Officers/Employees; Certain Suits; Liability - CA HR 848 Everett Floyd Dykes Highway; Designate HR 861 Municipal Courts; Violations; Jurisdiction - CA HR 886 Jt. Study Committee on State Officials' Compensation; Create HR 887 F. Emory Greene Memorial Bridge; Designate HR 909 Eloise Wooldridge Bridge; Designate HR 912 Conference on Children of Cocaine and Substance Abuse; Establish HR 931 Joe A. Whitherington Bridge; Designate

ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, all House Bills and Resolutions passed today, as amended, or by substitute, were ordered immediately transmitted to the Senate.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1975.

By Representative Carrell of the 65th:
A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain disabled residents of that school district who have annual incomes not exceeding $15,000.00.

1660

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis,C Y Davis,G
Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn
Edwards YEhrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston
Poag Porter Y Poston Y Powell Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketeon Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L Y Smith,?
Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens
Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1976.

By Representative Carrell of the 65th:
A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain residents of that school district who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Y Barnett.B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch

Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings.M

Y Davis,C Y Davis,G Y Davis,M Y Dixon.H
Y Diion.S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel

MONDAY, FEBRUARY 26, 1990

1661

Floyd,J.M Y FIoyd,J.W
Y Foster YGodbee Y Goodwill Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Y Isakson

Y Jackson,J Jackson.W
Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore
Kingston YLane.D YLane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston
Poag Porter Y Poston Y Powell

Randall
Y Ransom
Ray Y Reaves
Redding
Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith.L
Y Smith,P Smith,T
Y Smith, W
Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley
Steele Y Stephens
Streat

YTeper
Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts Y White
Wilder
Y Williams,B Y Wffliams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1944. By Representatives Titus of the 143rd and Long of the 142nd: A bill to provide a new charter for the City of Thomasville, Georgia.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 1944 by adding "easterly" immediately preceding "along" on line 25 of page 42, line 2 of page 44, line 21 of page 64, and line 33 of page 65.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings.M
Y Davis,C Y Davis.G

Y Davis,M Y Dixon,H
Y Dixon,S Y Dobbs Y Dover
Dunn Edwards YEhrhart Y Felton Y Fennel Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Hanner Y Harris Y Hasty
Heard

Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong

YLord Lucas
Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish

1662

JOURNAL OF THE HOUSE,

Y Patten Y Pettit
Pinkston Poag
Porter
Y Poston
Y Powell Randall
Y Ransom Ray
Y Reaves

Redding Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith.T

Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley
Steele Y Stephens
Streat YTeper
Y Thomas,C

Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C
Y Walker,L

YWall
Ware Y Watson Y Watts
Y White Wilder
Y Williams,B Y Williams,J YYates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1972. By Representative Carrell of the 65th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the date of municipal elections; to provide for election of the mayor and councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart
Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Poag Porter
Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P
Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y StanciI,S Y Stanley
Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L YWall
Ware Y Watson
Y Watts Y White
Wilder Y Williams.B Y WiUiams,J YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 26, 1990

1663

HB 1973. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Jersey.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark.B
Y Clark.H Y Clark.L
Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby
Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover
Dunn
Edwards Y Ehrhart
Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong
YLord Lucas
Y Lupton Y Mangum Y Martin
McCoy
McDonald Y McKelvey

McKinney.B
Y McKinney,C Y Meadows Y Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston Poag Porter
Y Poston Y Powell
Randall Y Ransom
Eay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith,P
Smith.T Y Smith.W
Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley
Steele Y Stephens
Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall
Ware Y Watson
Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1979. By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act amending, consolidating, and superseding the several Acts of the General Assembly of the State of Georgia pertaining to the City of Ashburn, so as to provide that the mayor and councilmembers shall serve for two-year terms; to provide for elections.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck

Y Benefield YBenn Y Birdsong
Y Bishop Bostick
Y Branch

Y Breedlove
Y Brooks Brown
YBuck
Y Buford YByrd

1664

JOURNAL OF THE HOUSE,

Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H Y ClarkJL Y Coleman Y Colwell
Y Connell
E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel

Floyd.J.M
Y Floyd,J.W
Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones

Y Kilgore
Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin
McCoy McDonald Y McKelvey McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
01iver,M YOrr

Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston
Poag Porter YPoston Y Powell Randall
Y Ransom Ray
Y Reaves Redding Richardson
Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith,L
Y Smith,P Smith.T
Y Smith,W
Smyre
YSnow

Y Stancil.F
Y Stancil.S Y Stanley
Steele Y Stephens
Streat YTeper
Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1980.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the State Court of Rockdale County, so as to change the provisions relating to the salary of the judge of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks

Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark.H Y Clark,L Y Coleman
Y Colwell
Y Connell
E Couch
Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis,G Y Davis,M Y Dixon,H

Y Dixon.S YDobbs
Y Dover
Dunn
Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland

Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum

Y Martin McCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Oliver.M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit
Pinkston
Poag Porter

YPoston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson

MONDAY, FEBRUARY 26, 1990

Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,?
Smith,T Y Smith.W
Smyre YSnow

Y Stancil,F
Y Stancil,S Y Stanley
Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson

Thurmond Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall

1665
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams^J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1981.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the judge of the probate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards YEhrhart
Y Felton Y Fennel
FloydJ.M Y FloydJ.W Y Foster YGodbee
Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover
Y Hamilton Y Hanner

Y Harris Y Hasty
Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLaneJD
Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham
Y Parrish Y Patten Y Pettit
Pinkston Poag Porter
YPoston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Steele
Y Stephens Streat
YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L YWall
Ware Y Watson
Y Watts Y White
Wilder Y WiUiams,B
Y WiUiams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1666

JOURNAL OF THE HOUSE,

HB 1982.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the provisions relating to the compensation of the chairman and the other members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark,L
Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B
Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover
Dunn
Edwards YEhrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong
YLord Lucas
Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkston Poag Porter YPoston Y Powell Randall
Y Ransom Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Steele Y Stephens
Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1983.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the provisions relating to the annual salary of the chief magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams

Y Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B

MONDAY, FEBRUARY 26, 1990

1667

Y Bamett.M
Y Bates YBeck Y Benefield YBenn
Y Birdsong
Y Bishop
Bostick
Y Branch
Y Breedlove Y Brooks
Brown YBuck
YBuford
YByrd
Y Campbell Y Carrell
Carter Y Chambless
Y Chance Y Cheeks Y Childere Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M

Y Davis.C
Y Davis.G Y Davis,M
Y Dixon,H Y Dixon,S YDobbs Y Dover
Dunn Edwards YEhrhart Y Felton Y Fennel
Floyd,J.M Y Floyd^I.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson
Ylrwin Ylsakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Kingston
YLane,D YLane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody

Y Morton
Y Moultrie Y MueUer Y Oliver.C
Oliver,M YOrr YOrrock
Y Padgett Y PanneU YParham YParrish Y Patten Y Pettit
Pinkston Poag
Porter YPoston Y Powell
RandaU Y Ransom
Ray Y Reaves
Redding Richardsoi Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Smith,T

Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele
Y Stephens Streat
YTeper
Y Thomas,C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L YWall
Ware Y Watson
Y Watts Y White
Wilder Y Williams,B Y WilUams^I Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1984. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, so as to change the provisions relating to the compensation of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abemathy Y Adams Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop

Bostick Y Branch
Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell E Couch

Y Crawford
Y Croaby Y Cummings,B Y Cummings,M Y Davis,C
Y Davis.G Y Davis.M
Y Dixon,H Y Dixon,S Y Dobbs
Y Dover Dunn Edwards
YEhrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin
Y Green

Y Greene Gresham
Y Griffin
Y Groover Y Hamilton Y Manner Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Ylsakson Y Jackson,J
Jackson, W Y Jamieson Y Jenkins

Johnson
Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey McKinney,B Y McKinney.C

1668

JOURNAL OF THE HOUSE,

Y Meadows YMUam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham

Y Parrish Y Patten
Y Pettit Pinkston
Poag Porter
Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Richardson

Y Ricketeon
Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S

Y Stanley Steele
Y Stephens
Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs YVaughan

Y Waddle Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Y Williams^I YYates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1985. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Baraett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
YBuford
YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford YCrosby
Y Cummings.B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon.H Y Dixon,S YDobtw Y Dover
Dunn Edwards YEhrhart Y Felton Y Fennel Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong
YLord Lucas
Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston Poag Porter Y Poston Y Powell Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre YSnow Y StanciLF Y Stancil,S Y Stanley
Steele Y Stephens
Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs YVaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y WiUiams.B Y Williams^ YYates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 26, 1990

1669

HB 1986.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act to reincorporate the City of Forest Park in the County of Clayton, so as to change the corporate limits.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abemathy Y Adams Y Aiken YAlford Y Alien YAthon Y Atkins Y Bailey Y Baker YBalkcom Y Bannister YBarfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates YBeck Y Benefield
YBenn Y Birdsong Y Bishop
Bostick
Y Branch Y Breedlove
Y Brooks Brown
YBuck YBuford
YByrd Y Campbell
Y Carrell Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis,M Y Dixon.H Y Diion,S YDobbs Y Dover
Dunn
Edwards YEhrhart Y Felton Y Fennel
Floyd^I.M Y FloydJ.W Y Foster Y Godbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin
McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton
Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr YOrrock
Y Padgett YPannell YParham YParrish Y Patten Y Pettit
Pinkston Poag Porter YPoston Y Powell Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson
Y Robinson Y Royal YSehnan Y Simpson Y Sinkfield

Y Smith,L Y SmithJ>
Smith,T Y Smith,W
Smyre YSnow YStanciLF YStanciLS
Y Stanley Steele
Y Stephens S treat
YTeper
Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Y Townsend YTwiggs YVaughan Y Waddle
Walker,C Y WalkerJ-
YWall Ware
Y Watson Y Watts Y White
Wilder Y WilUams3 Y WiUiams.J YYates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1987.

By Representative Holland of the 136th:
A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to change the method of filling vacancies on such board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford

Y Alien YAthon
Y Atkins Y Bailey Y Baker

Y Balkcom Y Bannister
YBarfoot Y Bargeron Y BarnettJB

Y Barnett.M
Y Bates YBeck Y Benefield YBenn

Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

1670

JOURNAL OF THE HOUSE,

Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S YDobbs Y Dover
Dunn

Edwards
YEhrhart
Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks YHowren
Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W Y Jamieson

Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLaneJD YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Mortal Y Moultrie Y Mueller Y Oliver.C

01iver,M
YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit
Pinkston Poag Porter Y Postal
Y Powell Randall
Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y SmithJ, Y Smith,P Smith,T Y Smith,W Smyre

YSnow Y Stancil,F Y StanciLS Y Stanley
Steele Y Stephens
Street YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Wffliams.B Y Williams^ Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1988. By Representative Holland of the 136th:
A bill to amend an Act providing a new charter for the City of Warwick, so as to provide that the mayor and members of the city council shall serve for two-year terms; to provide for elections.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y AUen YAthon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

Y Brooks
Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H
Y Clark.L Y Coleman Y Colwell Y Connell
E Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G

Y Davis,M Y Dixon.H
Y Dixon,S YDobbs Y Dover
Dunn Edwards YEhrhart Y Felton Y Fennel Floyd,J.M Y FloydJ.W Y Foster YGodbee YGoodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Heard

Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks YHowren Y Hudson Ylrwin
Ylsakson Y Jackson.J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLane,D YLane,R YLangford Y Lawrence YLawson YLee Y Linder YLong

YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy
McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish

MONDAY, FEBRUARY 26, 1990

1671

Y Patten Y Pettit
Pinkston Poag Porter YPoston Y PoweU Randall Y Ransom Ray
Y Reaves

Redding Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L
Y Smith,P Smith,T

Y Smith,W Smyre
YSnow Y Stancil,F
Y StancU,S Y Stanley
Steele Y Stephens
Streat YTeper Y Thomas.C

Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker,C Y Walker,L

Y WaU Ware
Y Watson Y Watts
Y White Wilder
YWilliams,B Y Williams.J
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1989. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the provisions relating to the salary of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell YCarrell
Carter Y Chambless
Y Chance Y Cheeks

Y Childere Y Clark,B
Y Clark,H Y Clark,L
Y Coleman Y Colwell Y Connell
E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis,M Y Don,H Y Diion,S YDobbs Y Dover
Dunn Edwards YEhrhart Y Felton Y Fennel FloydJ.M Y FloydJ.W Y Foster YGodbee YGoodwin Y Green
Y Greene Gresham
Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris Y Hasty
Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D
YLane,R YLangford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMikun
Y Mobley Y Moody Y Morion Y Moultrie Y Mueller Y Oliver.C
01iver,M YOrr YOrrock Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit
Pinkston Poag Porter
YPoston Y PoweU
Randall Y Ransom
Ray Y Reaves
Redding Richardson
Y Ricketson Y Robinson Y Royal YSehnan
Y Simpson Y Sinkfield

Y SmithJY Smith,P
Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley
Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y WUliams,B Y Willianw,J YYates
Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was

1672

JOURNAL OF THE HOUSE,

HB 1990.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the provisions relating to the compensation of the clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abemathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker YBalkcom Y Bannister YBarfoot Y Bargeron Y Bamett,B Y Barnett.M Y Bates YBeck Y Benefield
YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Campbell
YCarrell Carter
Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell
E Couch Y Crawford Y Crosby Y Cummings,B Y Cumming8,M Y Davis,C
Y Davis.G Y Davis,M Y Dixon,H Y Dimn,S YDobbs Y Dover
Dunn Edwards YEhrhart Y Felton Y Fennel FloydJ.M
Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y JacksonJ
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLane,D YLane,R YLangford Y Lawrence Y Lawson
YLee Y binder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y 01iver,C
Oliver,M YOrr YOrrock
Y Padgett YPannell YParham YParrish Y Patten Y Pettit
Pinkston Poag Porter YPoston Y Powell Randall Y Ransom
Ray Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal
YSelman YSimpson Y Sinkfield

Y SmithJ.
Y Smith,P Smith,T
Y Smith,W Smyre
YSnow
YStanciLF Y Stancil,S Y Stanley
Steele Y Stephens
Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs YVaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y WiUiams.B Y WilUamsJ Y Yates YYeargin
Murphy .Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1991. By Representative Holland of the 136th:
A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abemathy Y Adams Y Aiken Y Alford

Y Alien Y Athon
Y Atkins
Y Bailey Y Baker

YBalkcom Y Bannister YBarfoot
Y Bargeron Y Barnett,B

YBaraett,M Y Bates YBeck
Y Benefield YBenn

Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

MONDAY, FEBRUARY 26, 1990

1673

Y Brooks
Brown YBuck Y Buford
YByrd Y Campbell YCarrell
Carter Y Chambless Y Chance Y Cheeks Y Childera Y Clark,B Y Clark,H Y Clark,L
Y Coleman Y Colwell Y ConneU E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis.G Y Davis,M Y Diion.H Y Diion,S YDobbs Y Dover
Dunn

Edwards
Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y FloydJ.W Y Foster
YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton YHanner Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Ylsakson Y Jackson.J
Jackson.W Y Jamieson

Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLane,D YLaneJR
YLangford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C

Oliver,M YOrr YOrrock
Y Padgett YPannell YParham YParrish
Y Patten Y Pettit
Pinkston Poag Porter YPoston Y Powell Randall Y Ransom Ray Y Reaves Redding
Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield YSmith.L Y Smith.P
Smith.T Y Smith,W
Smyre

YSnow Y StancU,F Y StanciLS
Y Stanley Steele
Y Stephens Street
YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus
YTolbert Y Townsend YTwiggs YVaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware YWateon Y Watts Y White
Wilder Y WiUiams,B Y Williams,J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1992.

By Representatives Holland of the 136th and Banner of the 131st:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abemathy Y Adams Y Aiken YAlford Y Alien YAthon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister YBarfoot Y Bargeron
Y Barnett,B Y Bamett.M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

Y Brooks Brown
YBuck Y Buford YByrd Y Campbell YCarrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y ConneU E Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G

Y Davis.M Y Diion.H
Y Diion.S YDobbs Y Dover
Dunn Edwards Y Ehrhart
Y Felton Y Fennel
Floyd^.M Y Floyd,J.W Y Foster YGodbee
YGoodwin Y Green YGreene
Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty
Heard

Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore
Kingston YLaneJ)
YLaneJl Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong

YLord Lucas
Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
YOrrock Y Padgett YPannell YParham YParrish

1674

JOURNAL OF THE HOUSE,

Y Patten Y Pettit
Pinks ton Poag
Porter YPoston Y PoweU
Randall Y Ransom
Ray Y Reaves

Redding Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith.T

Y Smith,W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley
Steele Y Stephens
S treat YTeper Y Thomas,C

Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townaend YTwiggs Y Vaughan Y Waddle
Walker.C
Y Walker,L

YWall Ware
Y Watson Y Watts Y White
Wilder Y WiUiams.B Y Wiffiams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1993.

By Representatives Thomas of the 69th, Jones of the 71st, Simpson of the 70th, Kilgore of the 42nd, Cummings of the 17th and others:
A bill to amend an Act known as the "West Georgia Regional Water Authority Act," so as to include Carroll County as a member county of the West Georgia Regional Water Authority; to change the membership of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Aberoathy Y Adams YAiken YAlford Y Alien Y Athon Y Atkins Y Bailey Y Baker YBalkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch
Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd
Y Campbell YCarrell
Carter Y Chambless Y Chance Y Cheeks

Y Childere
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Diion.H Y Dixon,S YDobbs Y Dover
Dunn Edwards YEhrhart Y Felton Y Fennel FloydJ.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks YHowren
Y Hudson Ylrwin Ybakson Y Jackson.J
Jackson,W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore
Kingston YLane,D YLane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong YLord
Lucas
Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody
YMorton Y Moultrie
Y Mueller Y Oliver.C
01iver,M YOrr
YOrrock Y Padgett YPannell YParham YParrish Y Patten Y Pettit
Pinks ton Poag Porter YPoston Y PoweU Randall Y Ransom Ray Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens
S treat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L YWall
Ware Y Watson Y Watts Y White
Wilder YWUliams,B Y WilliamsJ
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 26, 1990

1675

HB 1994.

By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st, Ehrhart of the 20th, Thompson of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark.H Y Clark.L
Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S YDobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel Floyd,J.M Y FloydJ.W Y Foster Y Godbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong
YLord Lucas
Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
OliverJM YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston Poag Porter Y Poston Y Powell Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield

Y Smith.L Y Smith.P
Smith,T Y Smith, W
Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley
Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L YWall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1995.

By Representatives Clark of the 20th, Thompson of the 20th, Vaughan of the 20th, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken

Y Alford Y Alien Y Athon Y Atkins

Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M

Y Bates YBeck
Y Benefield YBenn

1676
Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y DUon.H

JOURNAL OF THE HOUSE,

Y Dixon,S
Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton
Y Fennel Floyd,J.M
Y Floyd,J.W Y Foster YGodbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Y Manner Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson

Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
McCoy McDonald Y McKelvey McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie

Y Mueller
Y Oliver.C Oliver.M
YOrr YOrrock Y Padgett Y Pannell
YParham YParrish Y Patten Y Pettit
Pinkston Poag Porter Y Poston Y Powell Randall Y Ransom Ray Y Reaves Redding Richardson Y Ricketaon Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Smith,T
Y Smith, W

Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens
Streat YTeper
Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has pasesd by the requisite constitutional majority the following Bills of the Senate and House:

SB 509. By Senator Howard of the 42nd:
A bill to amend Code Section 15-11-81 of the Official Code of Georgia Annotated, relating to grounds for the termination of parental rights, so as to provide that the court, in determining whether a child is without proper parental care and control, shall consider evidence of past egregious conduct of the parent toward the child or toward another child and evidence of past physical, mental, or emotional neglect of the child or of another child by the parent.

SB 642. By Senator Starr of the 44th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, so as to provide that driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be a felony.

MONDAY, FEBRUARY 26, 1990

1677

SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms.
SB 693. By Senator Harris of the 27th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to change the provisions relating to the maintenance of securities deposits; to change the provisions relating to the maintenance of loss reserves.
SB 709. By Senators Taylor of the 12th, Baldwin of the 29th, Land of the 16th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide that the annual report of the Commissioner shall include information regarding actions taken by the department on personal lines property and casualty insurance rate filings.
SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings protected by approved automatic sprinkler systems.
SB 723. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend Code Section 40-13-53 of the Official Code of Georgia Annotated, relating to release of persons arrested for certain traffic offenses upon service of a citation and complaint, so as to change the offenses for which a person may not be released.
SB 710. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to change the provisions relating to the expense allowance of the members of the commission; to provide an effective date.
SB 719. By Senator Tysinger of the 41st:
A bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, as amended, so as to provide an expense allowance for members of the board of education; to provide an effective date.
SB 745. By Senator Newbill of the 56th:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a new charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.

1678

JOURNAL OF THE HOUSE,

SB 747. By Senator Edge of the 28th:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, as amended, so as to change the time, method, and manner of electing the mayor and councilmembers; to provide for terms; to provide for filling vacancies.

SB 748. By Senator Brannon of the 51st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Gordon County; to create a chairman and board of commissioners for Gordon County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission districts.
SB 749. By Senators Scott of the 2nd and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for cost-of-living increases.

HB 1545.

By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th, Baker of the 51st, Richardson of the 52nd and others:
A bill to provide that each resident of DeKalb County holding real property pursuant to an occupancy agreement as a stockholder of a nonprofit cooperative ownership housing corporation which holds such property either as owner or pursuant to a 99 year lease shall be granted an exemption from county ad valorem taxes as otherwise granted by law.

HB 1751.

By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Oliver of the 53rd, Davis of the 45th and others:
A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to authorize the board of education to make rules and regulations relating to admission of certain nonresident students in the public schools of the city and to adopt admission policies and establish rates of tuition and tuition credits and work programs with respect to such nonresident students.

HB 1791.

By Representative Harris of the 84th:
A bill to provide for a $4,000.00 homestead exemption from McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes; to provide for a homestead exemption of $15,000.00 from all McDuffie County ad valorem taxes and McDuffie County School District ad valorem taxes for residents of McDuffie County and the McDuffie County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year.

HB 1812. By Representatives Tolbert of the 58th, Clark of the 55th, Richardson of the 52nd, Williams of the 48th, Williams of the 54th and others:
A bill to provide a new charter for the City of Stone Mountain.

HB 1829.

By Representatives Floyd of the 154th and Chance of the 129th:
A bill to amend an Act creating a new charter of the City of Hinesville, so as to provide for the election of city council members from districts by the residents of such districts.

MONDAY, FEBRUARY 26, 1990

1679

HB 1853. By Representative Branch of the 137th:
A bill to provide for the composition of the Board of Education of Ben Hill County and for the election of the members of said board; to provide for their terms of office; to provide for electoral districts of board members.

HB 1855.

By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County School District ad valorem taxes for educational purposes of 50 percent of the assessed value of such homestead to certain residents of the Douglas County School District who are disabled or who are 65 years of age or over but less than 70 years of age, regardless of income.

HB 1858. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to change the membership of the board.

HB 1859.

By Representatives Kilgore of the 42nd and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $8,000.00 of the assessed value of the homestead for certain residents of Douglas County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over.

HB 1860. By Representatives Richardson of the 52nd, Redding of the 50th, Williams of the 48th, Aaron of the 56th, Lawrence of the 49th and others:
A bill to amend an Act providing for the deferral of City of Decatur ad valorem taxes for certain elderly persons, so as to change a condition of eligibility for the deferral.

HB 1861. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide a homestead exemption from all Douglas County ad valorem taxes in the amount of $6,000.00 of the assessed value of such homestead for certain residents of Douglas County.

HB 1862. By Representatives Barfoot of the 120th, Byrd of the 153rd and Moody of the 153rd:
A bill to provide for the membership of the Toombs County Development Authority.

HB 1873.

By Representative Hudson of the 117th:
A bill to amend an Act creating the Board of Commissioners of Wilcox County, so as to change the compensation of the commissioners.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

1680

JOURNAL OF THE HOUSE,

HB 1584. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to amend an Act re-creating and reincorporating the City of Woodstock, so as to change the compensation of the mayor and councihnembers.
The Senate has disagreed to the House substitute to the following Bill of the Senate:
SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 714. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to provide for water quality standards for certain lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply.
SB 307. By Senator Howard of the 42nd:
A bill to amend Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage for ambulances, so as to provide for the inapplicability to ambulances and first responders operated by political subdivisions of the state.
SB 682. By Senators Tate of the 38th and Scott of the 36th:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to child abuse records, so as to add any solicitor or assistant solicitor, any medical examiner of the state, or any coroner of the state to the list of those persons who are allowed access to such records; to provide for related matters; to provide an effective date.
SB 735. By Senators Ragan of the 10th, Taylor of the 12th and Harris of the 27th:
A bill to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats, so as to provide regulations and requirements governing subdivision plats and the transfer, sale, and offering for sale of land; to provide for filing and recording; to provide for penalties.
SB 707. By Senators Scott of the 2nd and Edge of the 28th:
A bill to amend Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, so as to change the time and requirements of recording certain state real property acquisition and disposition instruments and plats with the State Properties Commission; to provide for other matters relative thereto; to provide an effective date.

MONDAY, FEBRUARY 26, 1990

1681

SB 741. By Senators Perry of the 7th, Turner of the 8th and Ragan of the 10th:
A bill to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to fees for fishing and hunting licenses and permits, so as to provide for licensing and fees for salt-water fishing licenses for nonresidents.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 443. By Senators Hammill of the 3rd, Echols of the 6th and Scott of the 2nd:
A resolution directing the conveyance of certain state owned real property located in Liberty County, Georgia; to provide an effective date.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate:

SB 750. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits.

SB 751. By Senator Gillis of the 20th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require persons selling or offering for sale certain personal property at flea markets to maintain certain records; to provide for requirements for such records; to provide for time periods.

SB 514. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide for publication of the name of each person convicted of offenses involving drugs; to provide for definitions; to provide for the duties of the clerk; to provide for fees; to provide for publication costs; to provide an effective date.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:

SR 457. By Senator Foster of the 50th:
A resolution proposing an amendment to the Constitution so as to provide for the office of Commissioner of Education in place of the office of State School Superintendent; to provide for the submission of this amendment for ratification or rejection.

SR 461. By Senator Kennedy of the 4th: A resolution designating the Ernest W. Strickland Bridge.

1682

JOURNAL OF THE HOUSE,

SR 427. By Senator Fuller of the 52nd:
A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 746. By Senators Turner of the 8th, Starr of the 44th and Gillis of the 20th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to revise comprehensively the provisions relative to the disposition of unclaimed property; to provide a short title; to define certain terms.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 307. By Senator Howard of the 42nd:
A bill to amend Code Section 31-11-33 of the Official Code of Georgia Annotated, relating to insurance coverage for ambulances, so as to provide for the inapplicability to ambulances and first responders operated by political subdivisions of the state.
Referred to the Committee on Insurance.

SB 509. By Senator Howard of the 42nd:
A bill to amend Code Section 15-11-81 of the Official Code of Georgia Annotated, relating to grounds for the termination of parental rights, so as to provide that the court, in determining whether a child is without proper parental care and control, shall consider evidence of past egregious conduct of the parent toward the child or toward another child and evidence of past physical, mental, or emotional neglect of the child or of another child by the parent.
Referred to the Committee on Judiciary.

SB 514. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to provide for publication of the name of each person convicted of offenses involving drugs; to provide for definitions; to provide for the duties of the clerk; to provide for fees; to provide for publication costs; to provide an effective date.
Referred to the Committee on Judiciary.

SB 642. By Senator Starr of the 44th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, so as to provide that driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be a felony.
Referred to the Committee on Motor Vehicles.

MONDAY, FEBRUARY 26, 1990

1683

SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms.
Referred to the Committee on Insurance.

SB 682. By Senators Tate of the 38th and Scott of the 36th:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to child abuse records, so as to add any solicitor or assistant solicitor, any medical examiner of the state, or any coroner of the state to the list of those persons who are allowed access to such records; to provide for related matters; to provide an effective date.
Referred to the Committee on Judiciary.

SB 693. By Senator Harris of the 27th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to change the provisions relating to the maintenance of securities deposits; to change the provisions relating to the maintenance of loss reserves.
Referred to the Committee on Insurance.

SB 707. By Senators Scott of the 2nd and Edge of the 28th:
A bill to amend Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, so as to change the time and requirements of recording certain state real property acquisition and disposition instruments and plats with the State Properties Commission; to provide for other matters relative thereto; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 709. By Senators Taylor of the 12th, Baldwin of the 29th, Land of the 16th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of insurance, so as to provide that the annual report of the Commissioner shall include information regarding actions taken by the department on personal lines property and casualty insurance rate filings.
Referred to the Committee on Insurance.

SB 710. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to change the provisions relating to the expense allowance of the members of the commission; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

1684

JOURNAL OF THE HOUSE,

SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings protected by approved automatic sprinkler systems.
Referred to the Committee on Industry.

SB 714. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to provide for water quality standards for certain lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply.
Referred to the Committee on Natural Resources & Environment.

SB 719. By Senator Tysinger of the 41st:
A bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, as amended, so as to provide an expense allowance for members of the board of education; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 723. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend Code Section 40-13-53 of the Official Code of Georgia Annotated, relating to release of persons arrested for certain traffic offenses upon service of a citation and complaint, so as to change the offenses for which a person may not be released.
Referred to the Committee on Special Judiciary.

SB 735. By Senators Ragan of the 10th, Taylor of the 12th and Harris of the 27th:
A bill to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats, so as to .provide regulations and requirements governing subdivision plats and the transfer, sale, and offering for sale of land; to provide for filing and recording; to provide for penalties.
Referred to the Committee on Judiciary.

SB 741. By Senators Perry of the 7th, Turner of the 8th and Ragan of the 10th:
A bill to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to fees for fishing and hunting licenses and permits, so as to provide for licensing and fees for salt-water fishing licenses for nonresidents.
Referred to the Committee on Game, Fish & Parks.

MONDAY, FEBRUARY 26, 1990

1685

SB 745. By Senator Newbill of the 56th:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a new charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 746. By Senators Turner of the 8th, Starr of the 44th and Gillis of the 20th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to revise comprehensively the provisions relative to the disposition of unclaimed property; to provide a short title; to define certain terms.
Referred to the Committee on Banks & Banking.

SB 747. By Senator Edge of the 28th:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, as amended, so as to change the time, method, and manner of electing the mayor and councilmembers; to provide for terms; to provide for filling vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 748. By Senator Brannon of the 51st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Gordon County; to create a chairman and board of commissioners for Gordon County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission districts.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 749. By Senators Scott of the 2nd and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for cost-of-living increases.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 750. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits.
Referred to the Committee on Insurance.

1686

JOURNAL OF THE HOUSE,

SB 751. By Senator Gillis of the 20th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require persons selling or offering for sale certain personal property at flea markets to maintain certain records; to provide for requirements for such records; to provide for time periods.
Referred to the Committee on Industry.
SR 427. By Senator Fuller of the 52nd:
A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 443. By Senators Hammill of the 3rd, Echols of the 6th and Scott of the 2nd:
A resolution directing the conveyance of certain state owned real property located in Liberty County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 457. By Senator Foster of the 50th: A resolution proposing an amendment to the Constitution so as to provide for the office of Commissioner of Education in place of the office of State School Superintendent; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Education.
SR 461. By Senator Kennedy of the 4th: A resolution designating the Ernest W. Strickland Bridge.
Referred to the Committee on Transportation.
Representative Thompson of the 20th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1709.

By Representatives Aiken of the 21st and Oliver of the 121st:
A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to regulate the installation of manufactured homes and mobile homes; to define certain terms; to authorize and direct the Georgia Safety Fire Commissioner to perform certain duties.

On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford
Alien

Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister

Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck

Y Benefield
Benn Y Birdsong Y Bishop
Bostick Y Branch

Y Breedlove
Brooks Brown Y Buck Y Buford Y Byrd

MONDAY, FEBRUARY 26, 1990

1687

Y Campbell Y Carrell
Carter Y Chambless Y Chance
Cheeks Y Childers
Clark,B Y Clark.H Y Clark.L Y Coleman Y Cohvell
Y Connell
E Couch Y Crawford
Crosby Y Cummings,B
Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Dobbs
Y Dover Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham
Y Griffin
Y Groover
Y Hamilton Manner
Y Harris Y Hasty
Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Jenkins
Johnson
Y Jones

Y Kilgore
Kingston Y Lane,D Y Lane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum
Martin
Y McCoy McDonald
Y McKelvey
McKinney.B
McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr

On the motion, the ayes were 138, nays 0. The motion prevailed.

YOrrock Y Padgett Y Pannell YParham
Y Parrish Y Patten Y Pettit
Pinkston Poag Y Porter YPoston Powell Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman
Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith,T Y Smith.W
Smvre YSnow

Y Stancil,F Y Stancil,S
Stanley Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
Yates Y Yeargin
Murphy.Spkr

Representative Orr of the 9th moved that the House disagree to the unfavorable report of the Committee on Rules to the following Resolution of the House:

HR 631. By Representatives Orr of the 9th, Langford of the 7th, Clark of the 20th, Ehrhart of the 20th, White of the 132nd and others:
A resolution proposing an amendment to the Constitution so as to limit persons serving in the office of Lieutenant Governor to two consecutive fouryear terms of office; to provide that no person who has served two consecutive terms of office as Lieutenant Governor may be elected to that office until after the expiration of four years from the conclusion of his final term; to limit persons serving as Speaker of the House of Representatives to four consecutive two-year terms.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams N Aiken N Alford
Alien
N Athon N Atkins N Bailey N Baker
Balkcom Y Bannister N Barfoot
N Bargeron N Barnett.B Y Barnett.M
N Bates NBeck N Benefield
Benn

N Birdsong
N Bishop Bostick
N Branch N Breedlove N Brooks
Brown NBuck N Buford NByrd
Campbell N Carrell
Carter N Chambless N Chance N Cheeks
N Childers
N Clark.B Clark.H Clark.L

N Coleman
N Colwell N Connell E Couch N Crawford N Crosby
N Cummings,B N Cummings.M
Y Davis.C N Davis.G
Davis.M N Dixon.H
N Dixon.S N Dobbs N Dover N Dunn
N Edwards Ehrhart
N Felton N Fennel

N FloydJ.M
N Floyd,J.W N Foster N Godbee Y Goodwin N Green N Greene
Gresham N Griffin N Groover N Hamilton N Hanner N Harris
N Hasty Heard
N Herbert N Holcomb N Holland N Holmes N Hooks

N Howren
N Hudson N Irwin
Y Isakson N Jackson,J N Jackson.W N Jamieson N Jenkins
Johnson N Jones N Kilgore
Kingston N Lane,D N Lane,R N Langford Y Lawrence N Lawson
NLee Y Linder N Long

1688

JOURNAL OF THE HOUSE,

N Lord
N Lucas NLupton N Mangum N Martin NMcCoy N McDonald N McKelvey Y McKinneyJB Y McKinney.C N Meadows N Milam N Mobley N Moody Y Morton N Moultrie

Mueller
N Oliver.C NOliver.M Y Orr N Orrock NPadgett Y Pannell N Parham N Parrish N Patten N Pettit N Pinkston N Poag N Porter N Poston N Powell

N Randall
Y Ransom N Ray N Reaves N Redding N Richardson N Ricketson N Robinson N Royal N Selman
Simpson N Sinkfield N Smith,L N Smith,P
Smith,T N Smith,W

On the motion, the ayes were 18, nays 138. The motion was lost.

N Smyre
N Snow N Stancil,F N Stancil.S
Stanley Steele N Stephens N Streat N Teper N Thomas,C Y Thomas,M N Thompson N Thurmond Y Titus N Tolbert N Townsend

N Twiggs
N Vaughan N Waddle N Walker.C N Walker,L N Wall
Ware N Watson N Watts Y White N Wilder Y Williams,B
Williams,J Y Yates N Yeargin
Murphy.Spkr

Representatives Carter of the 146th and Bostick of the 138th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Thomas of the 31st stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representatives Balkcom of the 140th and Smith of the 152nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "nay" thereon.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Judiciary:

SB 727. By Senators Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of this state, so as to change the terms of the Superior Court of Glynn County in the Brunswick Circuit; to provide an effective date.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 777. By Representatives Thomas of the 69th, Groover of the 99th, Walker of the 115th and Murphy of the 18th

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for suits against state officials and employees; to provide for the liability of state officials and employees for injuries and damages arising from their discharge of their official functions; to provide for judgments; to provide for waivers; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, FEBRUARY 26, 1990

1689

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II, Paragraph IX of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows:
"(c) All state officers and employees are subject to suit and may be liable for injuries and damages caused by their improper performance of or their failure to perform their ministerial functions. All state officers and employees are subject to suit and may be liable for injuries and damages caused by the performance of their discretionary functions when such performance is accompanied by actual malice or an actual intent to cause injury. Except as provided in this subparagraph, state officers and employees shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. The provisions of this subparagraph shall not be waived."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide for damage suits against state officers and employees and to provide for the liability of
( ) NO those officers and employees for the discharge of their official functions?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for waiver of sovereign immunity by enactment of a State Tort Claims Act; to authorize the General Assembly to provide by law for procedures for the making, handling, and disposition of claims and actions against the state and its departments, agencies, officers, and employees; to waive sovereign immunity as to actions ex contractu; to provide the circumstances under which officers and employees of the state may be subject to suit; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II of the Constitution is amended by deleting the existing Paragraph IX in its entirety and substituting therefor the following:
"Paragraph IX. Sovereign immunity and waiver thereof; claims against the state and its departments, agencies, officers, and employees, (a) The General Assembly may waive the state's sovereign immunity from suit by enacting a State Tort Claims Act, in which the General Assembly may provide by law for procedures for the making, handling, and disposition of actions or claims against the state and its departments, agencies, officers, and employees, upon such terms and subject to such conditions and limitations as the General Assembly may provide.
(b) The General Assembly may also provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided therein.
(c) The state's defense of sovereign immunity is hereby waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies.

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JOURNAL OF THE HOUSE,

(d) Except as specifically limited by the General Assembly in a State Tort Claims Act, all state officers and employees may be subject to suit and may be liable for injuries and damages caused by the negligent performance of, or negligent failure to perform, their ministerial functions and may be liable for injuries and damages if they act with actual malice or with actual intent to cause injury in the performance of their official functions. Except as provided in this subparagraph, state officers and employees shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. The provisions of this subparagraph shall not be waived.
(e) Except as specifically provided in this Paragraph, sovereign immunity extends to the state and all of its departments and agencies. The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver.
(f) No waiver of sovereign immunity under this Paragraph shall be construed as a waiver of any immunity provided to the state or its departments, agencies, officers, or employees by the United States Constitution."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to enact a State Tort Claims Act which provides by law for the handling and disposition of actions and claims against the state and its departments, agencies, officers, and employees?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Atkins
Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot
Bargeron
Y Barnett,B
Y Barnett.M
Y Bates
YBeck
Y Benefield
YBenn
Y Birdsong
Y Bishop Y Bostick
Y Branch Breedlove

Brooks Brown
YBuck Buford
YByrd
Y Campbell Y Carrell
Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Y Clark,L Coleman
Y Colwell Y Connell E Couch Y Crawford Y Crosby
Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G

Y Davis.M Y Dixon,H
Y Dkon,S Y Dobbs Y Dover
Dunn Y Edwards YEhrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard

Herbert
Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Ylrwin
Ylsakson Y Jackson^J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston YLane,D
Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong

YLord Y Lucas
Y Lupton Y Mangum
Martin YMcCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C
01iver,M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish

MONDAY, FEBRUARY 26, 1990

1691

Y Patten Y Pettit
Pinkston Y Poag
Y Porter Y Poston Y Powell
Randall Y Ransom Y Ray
Reaves

Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith.T

Y Smith.W Y Smyre Y Snow Y Stancil,F
Y Stancil,S Stanley
Y Steele Y Stephens
Streat Y Teper
Y Thomas,C

Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Y Walker,L

Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 150, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth, Long of the 142nd, Coleman of the 118th and Bostick of the 138th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and controlled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution.

The following Committee substitute was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and controlled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide that no provision of this Act shall in any manner provide any immunity for any person from criminal prosecution pursuant to the laws of this state and no provision of this Act shall in any manner be deemed to authorize the unlawful possession, use, or distribution of marijuana or controlled substances; to provide that certain persons lawfully in possession of marijuana or controlled substances shall not be subject to such tax; to provide for the calculation of such tax; to provide for the rates of such tax; to provide for reporting and payment procedures; to provide for assessment and collection procedures; to provide for penalties for disclosure of certain confidential information; to provide for applicability with respect to certain provisions relating to forfeitures; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding at the end thereof a new chapter, to be designated Chapter 15, to read as follows:
"CHAPTER 15
48-15-1. No provision of this chapter shall in any manner provide any immunity for any person from criminal prosecution pursuant to the laws of this state and no provision of this chapter shall in any manner be deemed to authorize the unlawful use, possession, consumption, storage, transfer, or distribution of marijuana or controlled substances.
48-15-2. As used in this chapter, the term: (1) 'Commissioner' means the state revenue commissioner. (2) 'Controlled substance' shall have the same meaning as defined in paragraph (4)
of Code Section 16-13-21 and shall mean any drug, substance, or immediate precursor,

1692

JOURNAL OF THE HOUSE,

whether real or counterfeit, that is held, possessed, transported, transferred, sold, or offered for sale in violation of the laws of this state.
(3) 'Marijuana' shall have the same meaning as defined in paragraph (16) of Code Section 16-13-21 and shall mean any marijuana, whether real or counterfeit, that is held, possessed, transported, transferred, sold, or offered for sale in violation of the laws of this state.
48-15-3. (a) There is imposed, in addition to all other applicable taxes, a state excise tax upon each use, possession, consumption, storage, or transfer of marijuana or any controlled substance.
(b) The tax imposed by this Code section shall apply regardless of whether the substance exists in solid, liquid, or gaseous form and regardless of the degree of purity of the substance. Each person who uses, possesses, consumes, stores, or transfers a substance identified in this Code section shall be liable for the tax imposed by this Code section.
48-15-4. Nothing in this chapter shall require persons who are lawfully in possession of marijuana or a controlled substance under a valid medical prescription or a licensed pharmacist or medical practitioner licensed to dispense marijuana or any controlled substance to pay the tax required under this chapter when such person, pharmacist, or practitioner is lawfully using, possessing, consuming, storing, or transferring such marijuana or controlled substance.
48-15-5. For the purpose of calculating the tax under Code Section 48-15-6, a quantity of marijuana or other controlled substance in the dealer's possession shall be measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.
48-15-6. A tax is imposed on marijuana and controlled substances as defined in Code Section 48-15-2 at the following rates:
(1) On each gram of marijuana, or each portion of a gram, $3.50;
(2) On each gram of controlled substance, or portion of a gram, $200.00; and (3) On each ten dosage units of a controlled substance that is not sold by weight, or portion thereof, $400.00. 48-15-7. The tax imposed by Code Section 48-15-3 shall be due and payable at the time of each use, possession, consumption, storage, or transfer; however, each person liable to pay the tax may report and remit the amount of tax which is due, using report forms prepared by the commissioner, no later than the twentieth day of the calendar month following the month in which the tax liability is incurred. The reporting procedure provided for in this Code section shall not prevent the commissioner from earlier assessing or collecting, prior to receiving the report or remittance, any taxes which have become due.
48-15-8. This chapter shall be enforced and administered by the commissioner, and the commissioner is authorized to adopt all forms and all reasonable rules and regulations which the commissioner deems necessary to enforce and administer this chapter.
48-15-9. The commissioner is authorized to issue assessments, including jeopardy assessments, to issue tax executions, and to collect the tax imposed under this chapter
in the same manner and to the same extent as provided in this title for any other state tax assessed and collected by the commissioner.
48-15-10. (a) Notwithstanding any law to the contrary, neither the commissioner
nor a public employee may reveal facts contained in a report or return required by this chapter or any information obtained from a person under this chapter; nor can any information contained in such a report or return or obtained from such person be used
against the person in any criminal proceeding, unless independently obtained, except in
connection with a proceeding involving taxes due under this chapter from the person
making the return. (b) Any person violating this Code section shall be guilty of a misdemeanor of a high
and aggravated nature.

MONDAY, FEBRUARY 26, 1990

1693

(c) This Code section shall not prohibit the commissioner from publishing statistics that do not disclose the identity of such persons or the contents of particular returns or reports.
48-15-11. Notwithstanding any provision of this chapter to the contrary, no provision of this chapter shall be deemed to supersede the provisions of Code Section 16-13-39 with respect to forfeitures and the vesting of forfeited property, money, or currency."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abemathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck Y 3enefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H Y Clark.L
Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B N Cummings.M Y Davis.C
Davis,G Y Davis.M Y Dixon.H
Y Dixon,S YDobbs Y Dover Y Dunn Y Edwards Y Em-hart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,,! Y Jackson, W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
YLord N Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver,M YOrr YOrrock
Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
YPoston Y Powell YRandall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Y Stephens Streat
YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond N Titus Y Tolbert
Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson
Y Watts N White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tern assumed the Chair.
HB 1813. By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state.

1694

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative recognition and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state; to establish requirements for certification; to provide for applications, fees, and submissions; to provide for certificate expiration, renewal, denial, and revocation and administrative and judicial proceedings relating thereto; to provide for the applicability of Chapter 39 of Title 33 to private review agents; to provide for listings of certificate holders; to provide for reports and reporting; to provide for rules and regulations; to provide for exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end thereof a new chapter to read as follows:
"CHAPTER 45
33-45-1. (a) The purpose of this chapter is to promote the delivery of quality health care in Georgia. Furthermore, it is to foster the delivery of such care in a cost-effective manner through greater coordination between health care providers, claims administrators, payors, employers, patients, and private review agents; to improve communication and knowledge of health care benefits among all parties; to protect patients, claims administrators, payors, private review agents, employers, and health care providers by ensuring that utilization review activities are based upon accepted standards of treatment and patient care; to ensure that such treatment is accessible and done in a timely and effective manner; and to ensure that private review agents maintain confidentiality of information obtained in the course of utilization review.
(b) In order to carry out the intent and purposes of this chapter, it is declared to be the policy of this chapter to protect Georgia residents by imposing minimum standards on private review agents who engage in utilization review with respect to health care services provided in Georgia, such standards to include regulations concerning certification of private review agents, disclosure of utilization review standards and appeal procedures, minimum qualifications for utilization review personnel, minimum standards governing accessibility of utilization review and such other standards, requirements, and rules or regulations promulgated by the Commissioner which are not inconsistent with the foregoing. Notwithstanding the foregoing, it is neither the policy nor the intent of the General Assembly to regulate the terms of self-insured employee welfare benefit plans as defined in Section 31(1) of the Employee Retirement Income Security Act of 1974, as amended, and therefore any regulations promulgated pursuant to this chapter shall relate only to persons subject to this chapter.
33-45-2. As used in this chapter, the term: (1) 'Certificate' means a certificate of registration granted by the Commissioner to
a private review agent. (2) 'Claim administrator' means any entity that reviews and determines whether to
pay claims to enrollees of health care providers on behalf of the health benefit plan. Such payment determinations are made on the basis of contract provisions including medical necessity and other factors. Claim administrators may be payors or their designated review organization, self-insured employers, management firms, third-party administrators, or other private contractors.
(3) 'Commissioner' means the Commissioner of Insurance. (4) 'Enrollee' means the individual who has elected to contract for or participate in a health benefit plan for himself or himself and his eligible dependents. (5) 'Health benefit plan* means a plan of benefits that defines the coverage provisions for health care for enrollees offered or provided by any organization, public or private.

MONDAY, FEBRUARY 26, 1990

1695

(6) 'Health care advisor' means a health care provider licensed in a state representing the claim administrator or private review agent who provides advice on issues of medical necessity or other patient care issues.
(7) 'Health care provider' means any person, corporation, facility, or institution licensed by this state or any other state to provide or otherwise lawfully providing health care services, including but not limited to a doctor of medicine, doctor of osteopathy, hospital or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, occupational therapist, professional counselor, pharmacist, chiropractor, marriage and family therapist, or social worker.
(8) 'Payor' means any insurer, as defined in this title, or any preferred provider organization, health maintenance organization, self-insurance plan, or other person or entity which provides, offers to provide, or administers hospital, outpatient, medical, or other health care benefits to persons treated by a health care provider in this state pursuant to any policy, plan, or contract of accident and sickness insurance as defined in Code Section 33-7-2.
(9) 'Private review agent' means any person or entity which performs utilization review for:
(A) An employer with employees who are treated by a health care provider in
this state;
(B) A payor; or (C) A claim administrator.
(10) 'Reasonable target review period' means the assignment of a proposed number of days for review for the proposed health care services based upon reasonable length
of stay standards such as the Professional Activities Study of the Commission on the Professional and Hospital Activities or other Georgia state-specific length of stay data.
(11) 'Utilization review' means a system for reviewing the appropriate and efficient allocation or charges of hospital, outpatient, medical, or other health care services
given or proposed to be given to a patient or group of patients for the purpose of advising the claim administrator who determines whether such services or the charges
therefor should be covered, provided, or reimbursed by a payor according to the benefits plan. Utilization review shall not include the review or adjustment of claims or the
payment of benefits arising under liability, workers' compensation, or malpractice insurance policies as defined in Code Section 33-7-3.
(12) 'Utilization review plan' means a reasonable description of the standards, crite-
ria, policies, procedures, reasonable target review periods, and reconsideration and appeal mechanisms governing utilization review activities performed by a private review agent.
33-45-3. (a) A private review agent may not conduct utilization review of health
care provided in this state unless the Commissioner has granted the private review agent a certificate pursuant to this chapter.
(b) The Commissioner shall issue a certificate to an applicant that has met all the requirements of this chapter and all applicable regulations of the Commissioner.
(c) A certificate issued under this chapter is not transferable without the prior approval of the Commissioner.
33-45-4. As a condition of certification or renewal thereof, a private review agent
shall be required to maintain compliance with the following: (1) The medical protocols including reconsideration and appeal processes as well
as other relevant medical issues used in the private review program shall be established with input from health care providers who are from a major area of specialty
and certified by the boards of the American medical specialties selected by a private review agency and shall be made available upon request of health care providers;
(2) All preadmission review programs shall provide for immediate hospitalization of any patient for whom the treating health care provider determines the admission
to be of an emergency nature, so long as medical necessity is subsequently
documented; (3) In the absence of any contractual agreement between the health care provider
and the payor, the responsibility for obtaining precertification as well as concurrent
review required by the payor shall be the responsibility of the enrollee;

1696

JOURNAL OF THE HOUSE,

(4) In cases where a private review agent is responsible for utilization review for a payor or claim administrator, the utilization review agent should respond promptly and efficiently to all requests including concurrent review in a timely method and a method for an expedited authorization process shall be available in the interest of efficient patient care;
(5) In any instances where the utilization review agent is questioning the medical necessity or appropriateness of care, the attending health care provider shall be able to discuss the plan of treatment with an identified health care provider trained in a related specialty and no adverse determination shall be made by the utilization review agent until an effort has been made to discuss the patient's care with the patient's attending provider during normal working hours. In the event of an adverse determination, notice to the provider and patient will specify the reasons for the review determination;
(6) To the extent that utilization review programs are administered according to recognized standards and procedures, efficiently with minimal disruption to the provision of medical care, additional payment to providers should not be necessary;
(7) A private review agent shall assign a reasonable target review period for each admission promptly upon notification by the health care provider. Once a target length of stay has been agreed upon with the health care provider, the utilization review agent will not attempt to contact the health care provider or patient for further information until the end of that target review period except for discharge planning purposes or in response to a contact by a patient or health care provider. The provider or the health care facility will be responsible for alerting the utilization review agent in the event of a change in proposed treatment. At the end of the target period, the private review agent will review the care for a continued stay;
(8) A private review agent shall not enter into any incentive payment provision contained in a contract or agreement with a payor which is based on reduction of services or the charges thereof, reduction of length of stay, or utilization of alternative treatment settings; and
(9) Any health care provider may designate one or more individuals to be contacted by the private review agent for information or data. In the event of any such designation, the private review agent shall not contact other employees or personnel of the health care provider except with prior consent to the health care provider. An alternate will be available during normal business hours if the designated individual is absent or unavailable. 33-45-5. (a) An applicant for a certificate shall submit an application on a form prescribed by the Commissioner and pay an application fee of $25.00 and a certificate fee of $400.00. The application shall be signed and verified by the applicant. (b) In conjunction with the application, the private review agent shall submit such information that the Commissioner requires, including but not limited to:
(1) A utilization review plan; (2) The type and qualifications of the personnel either employed or under contract to perform the utilization review; and (3) A copy of the materials designed to inform applicable patients and health care providers of the requirements of the utilization review plan. The information provided must demonstrate to the satisfaction of the Commissioner that the private review agent will comply with the requirements of this chapter. 33-45-6. (a) A certificate shall expire on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this Code section. (b) Before the certificate expires but no sooner than 90 days prior to such expiration, a certificate may be renewed for an additional two-year term if the applicant:
(1) Otherwise is entitled to the certificate;
(2) Pays to the Commissioner the renewal fee in the amount of $400.00;
(3) Submits to the Commissioner:
(A) A renewal application on the form that the Commissioner requires; and
(B) Satisfactory evidence of compliance with any requirements established by the Commissioner for certificate renewal; and

MONDAY, FEBRUARY 26, 1990

1697

(4) Makes available to the Commissioner on his request all written complaints made to the private review agent by patients or providers and a description of how such complaints were resolved. 33-45-7. Private review agents shall be subject to the jurisdiction of the Commissioner in all matters regulated by this chapter and the Commissioner shall have such powers and authority with regard to private review agents as provided in Code Sections 33-2-9 through 33-2-28 with regard to insurers. 33-45-8. Private review agents shall be subject to the provisions of Chapter 39 of this title. 33-45-9. The Commissioner shall periodically, not less than once a year, provide a list of private review agents issued certificates and the renewal date for those certificates to all hospitals and to any other individual or organization requesting such list. 33-45-10. The Commissioner shall establish such reporting requirements upon private review agents as are necessary to determine if the utilization review programs are in compliance with the provisions of this chapter and applicable rules and regulations. 33-45-11. The Commissioner shall adopt rules and regulations to implement the provisions of this chapter. 33-45-12. No certificate is required for utilization review by any Georgia licensed pharmacist or pharmacy while engaged in the practice of pharmacy, including but not limited to review of the dispensing of drugs, participation in drug utilization review, and monitoring patient drug therapy. 33-45-13. (a) This chapter shall not apply to any contract with the federal government for utilization and review of patients eligible for hospital services under Titles XVIII or XIX of the Social Security Act. (b) This chapter shall not apply to any private review agent when such private review agent is working under contract with a licensed insurer operating under an agreement, providing administrative services pursuant to the provisions of subsection (b) of Code Section 33-20-17. (c) This chapter shall not apply to audits of the medical record for the purposes of verifying that health care services were ordered and delivered. 33-45-14. The Commissioner shall issue an annual report to the Governor and the General Assembly concerning the conduct of utilization review in this state. Such report shall include a description of utilization review programs and the services they provide, an analysis of complaints filed against private review agents by patients or providers, and an evaluation of the impact of utilization review programs on patient access to care."
Section 2. This Act shall become effective upon the appropriation of funds to implement same.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister YBarfbot

Bargeron Y Barnett.B
Y Barnett.M Bates
Y Beck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks

Brown Y Buck
Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers
Y Clark.B Y Clark,H

Y Claik.L Y Coleman
Y Colwell Connell
E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H

Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin

1698

JOURNAL OF THE HOUSE,

Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins

Johnson
Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
Lord
Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows

Y Milam
Y Mobley
Y Moody Y Morton Y Moultrie N Mueller Y Oliver.C Y Oliver.M
YOrr YOrrock Y Padgett N Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston NPoag Y Porter
YPoston Y Powell YRandall Y Ransom

YRay
Y Reaves Y Redding Y Richardson
Ricketson
Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley
YSteele Y Stephens Y Streat
Teper

Thomas,C
Y Thomas.M Y Thompson
Thurmond N Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
YWall Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J
Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

HB 1939. By Representatives Barnett of the 10th, Murphy of the 18th, Childers of the 15th and Parham of the 105th:
A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide additional conditions for revocation of certificates of need or authority to operate.

The following amendment was read and adopted:

Representative Barnett of the 10th, et al. move to amend HB 1939 by striking lines 19 through 21 of page 1 and inserting in their places the following:
"action by the planning agency upon:
(1) The one hundred and eightieth day following the date an order or action of the department revoking that facility's permit to operate pursuant to Code Section 31-7-4 has become final, in those cases in which there has been no appeal, pursuant to Code Section 31-5-3, of the department's revocation; or
(2) The date an order or action of the department revoking that facility's permit to operate pursuant to Code Section 31-7-4 has become final, in those cases in which there has been an appeal, pursuant to Code Section 31-5-3, of the department's revocation.
The planning agency may".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 26, 1990

1699

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H
Clark,L Y Coleman Y Colwell Y Connell
E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D YLane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney,B McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal YSehnan Y Simpson Y Sinkfield

Y Smith.L Smith,P
Y Smith,T
Y Smith,W Smyre
YSnow Y Stancil.F
Y Stancil,S Y Stanley Y Steele Y Stephens
Streat YTeper
Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y WiUiams.B Y Williams,J YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Thurmond of the 67th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1414. By Representatives Richardson of the 52nd, Childers of the 15th, Oliver of the 121st, Teper of the 46th, Barfoot of the 120th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to strike Chapter 11A thereof, relating to dieticians and dietetic counselors, and reenact a new Chapter 11A regulating the practice of dieticians; to provide for a short title.

The following Committee substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to strike Chapter 11A thereof, relating to dietitians and dietetic counselors, and reenact a new Chapter 11A regulating the practice of dietitians; to provide for a short title; to provide for legislative intent and purpose; to provide for definitions; to provide for the Georgia Board of Examiners of Licensed Dietitians and its composition,

1700

JOURNAL OF THE HOUSE,

selection, and continuation; to provide for qualifications of members of that board and for their terms, vacancies, oaths, reimbursement, removal, meetings, and organization; to provide for powers and responsibilities of that board; to provide conditions for the grant of licenses; to provide for provisional licenses; to provide for fees, oaths, and examinations; to provide for other matters relating to licenses; to provide for the exercise of disciplinary powers; to prohibit the use of certain terms and representations; to authorize the use of certain terms; to provide for penalties; to provide for administrative procedure; to provide for the termination of the board and repeal of related laws; to provide for legislative construction and exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter HA thereof, relating to dietitians and dietetic counselors, and inserting in its place a new chapter to read as follows:
"CHAPTER HA

43-11A-1. This chapter shall be known and may be cited as the 'Dietitics Practice Act.'
43-11A-2. The General Assembly acknowledges that the application of scientific knowledge relating to nutrition is important in the treatment of disease and in the attainment and maintenance of health; and acknowledges further that the rendering of sound dietetic or nutrition services in hospitals, nursing homes, school districts, health departments, in private practice and consultation, and in other settings requires trained and competent professionals. It is declared, therefore, to be the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in dietetic practice.
43-11A-3. As used in this chapter, the term: (1) 'Advertise' means, but is not limited to, the issuing of or causing to be distrib-
uted any card, sign, or other device or the causing or permitting of any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, announcement on radio, or announcement or display on television.
(2) 'Applicant' means any person seeking a license under this chapter. (3) 'Board' means the Georgia Board of Examiners of Licensed Dietitians continued in existence by this chapter. (4) 'Dietetic practice' means the integration and application of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, behavioral, and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include:
(A) Assessing the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate intake including enteral and parenteral nutrition;
(B) Establishing priorities, goals, and objectives which meet nutritional needs and are consistent with available resources;
(C) Providing dietetic counseling, nutrition counseling, or both, by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;
(D) Developing, implementing, and managing nutrition care delivery systems;
and (E) Evaluating, making changes in, and maintaining standards of quality in food
and nutrition care services. (5) 'Dietitian' means a person licensed under this chapter. The terms 'dietitian,' 'nutritionist,' and 'licensee' may be used interchangeably. (6) 'Provisionally licensed dietitian' means a person licensed to practice under the supervision of a dietitian as provided in Code Section 43-11A-10.

MONDAY, FEBRUARY 26, 1990

1701

(7) 'Registered dietitian' means a person registered by the Commission on Dietetic Registration of the American Dietetic Association or successor organization. 43-11A-4. (a) The Georgia Board of Examiners of Licensed Dietitians shall consist of seven members as follows:
(1) Four members shall be dietitians of whom one shall be an educator in the field of dietetics practice; and
(2) Three members shall represent the public at large. (b) The Georgia Board of Examiners of Licensed Dietitians existing immediately prior to July 1, 1990, is continued in existence and shall continue to consist of seven members to be appointed by the Governor with the confirmation of the Senate. Members of the board shall take office on the first day of July immediately following the expired terms of that office and shall serve for terms of four years and until their successors are appointed and qualified. Those persons serving as members of the board immediately prior to July 1, 1990, shall continue to serve out their respective terms of office and until their respective successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate. (c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) All members of the board shall take the constitutional oath of office. 43-11A-5. (a) Professional members of the board shall:
(1) Be citizens of the United States and residents of this state; (2) Have engaged in dietetic practice for compensation for not less than five years; and (3) Be licensed under this chapter. (b) Members of the board representing the public at large shall be citizens of the United States and residents of this state and shall have no connection whatsoever with dietetic practice. (c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or commiting any act prohibited by this chapter. 43-11A-6. The board shall meet annually and shall elect from its members a chairman, vice chairman, and any other officers as deemed necessary who shall hold office according to the rules adopted by the board. In addition to its annual meeting, the board shall hold at least two other meetings each year as provided by the rules adopted by the board. 43-11A-7. The board shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses; (2) Adopt and revise rules consistent with the laws of this state which are necessary to conduct its business, carry out its duties, and administer this chapter. However, the board shall not adopt rules restricting competitive bidding or advertising by licensees except to prohibit false, misleading, or deceptive practices. The board shall not include in its rules to prohibit false, misleading, or deceptive practices by licensees a rule that:
(A) Restricts a licensee's use of any medium for advertising;
(B) Restricts a licensee's personal appearance or use of his personal voice in an advertisement;
(C) Relates to the size or duration of an advertisement by a licensee; or
(D) Restricts a licensee's advertisement under a trade name;
(3) Adopt and publish a code of ethics;
(4) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of applicants and licensees under this chapter and conduct hearings in connection with these actions;

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(5) Conduct hearings on complaints concerning violations of this chapter and the rules adopted under this chapter and cause the prosecution and enjoinder of the violations;
(6) Establish examination and licensing fees; (7) Request and receive the assistance of state educational institutions and other state agencies; (8) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies; and (9) Establish continuing education requirements. 43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either: (1) Holds a valid license as a licensed dietitian issued by another state, political territory, or jurisdiction acceptable to the board if, in the board's opinion, the requirements for that license are substantially equal to or greater than the requirements of this chapter; or (2) Presents evidence satisfactory to the board that the applicant is a registered dietitian. 43-11A-9. Each applicant for a license as a dietitian shall be at least 18 years of age, shall have submitted an application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements: (1) Receipt of a baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or any other regional accreditation agency with a major course of study in human nutrition, food and nutrition, dietetics, or food systems management; (2) Satisfactory completion of a planned, continuous, and preprofessional program in dietetic practice of not less than 900 hours supervised by a licensed dietitian or registered dietitian as prescribed by the board; (3) Has successfully completed an examination as required by Code Section 43-11A-13; and (4) Has met such other requirements as may be prescribed by the board. 43-11A-10. A provisionally licensed dietitian may only practice under the supervision of a dietitian. A license for a provisionally licensed dietitian may be issued by the board upon the filing of an application with appropriate fees and submission of evidence of successful completion of a substantial portion of the requirements for licensure as provided in Code Section 43-11A-9, at the discretion of the board. The permit shall be issued for one year and may be renewed at the discretion of the board for a length of time determined by the board. A renewal fee may be required by the board to maintain a provisional license. 43-11A-11. The board may require that all applications be made under oath.
43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state each reason for the rejection.
43-11A-13. (a) Examinations to determine competence shall be administered to qualified applicants at least twice each calendar year. The examinations may be administered by a national testing service. The board shall prescribe or develop the examinations which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board.
(b) The board shall notify each examinee of the results of the examination.
43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered upon demand.
(b) The licensee shall display the license certificate in an appropriate and public manner.

MONDAY, FEBRUARY 26, 1990

1703

(c) The licensee shall inform the board of any change of his address. (d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person licensed under this chapter is responsible for renewing his license before the expiration date.
(f) Under procedures and conditions established by the board, a licensee may request that his license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active.
43-11A-15. The board may exercise the powers provided in Code Section 43-1-19 regarding any person who is licensed under this chapter or who is an applicant for a license under this chapter.
43-11A-16. (a) Only a person licensed or otherwise authorized to practice under this chapter shall use the title 'licensed dietitian' or 'licensed nutritionist,' or such words alone or in combination, or use the letters 'LD' or 'LN' or any facsimile thereof or represent that person to the public as a licensed dietitian or licensed nutritionist.
(b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-11A-18. For purposes of Chapter 2 of this title, 'The Act Providing for the
Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Examiners of Licensed Dietitians shall be terminated on July 1, 1995,
and this chapter and any other laws relating to the board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.
43-11A-19. Nothing in this chapter shall be construed to affect or prevent: (1) A dietetic technician or a certified dietary manager in a health care facility or
a student enrolled in an approved academic program in dietetics from engaging in the practice of dietetics under the supervision of a licensed dietitian;
(2) A dietitian who is serving in the armed forces or any other federal agency from
engaging in the practice of dietetics provided such practice is related to service or employment;
(3) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chiropractic, nursing, or pharmacy from engaging in the practice of dietetics when incidental to the practice of their profession, except that such persons may not use the titles 'licensed dietitian' or 'licensed nutritionist';
(4) A nonresident registered dietitian from practicing dietetics in this state for five days without a license or up to 30 days per year with licensure from another state if
the requirements for licensure are substantially equal to the requirements contained in this chapter;
(5) Employees of a department, agency, or division of the state, county, or local government from engaging in the practice of dietetics within the discharge of official
duties when such practice is directed by a dietitian licensed under this chapter; (6) Persons who were engaged in dietetic practice prior to July 1, 1990, but the
prohibition of Code Section 43-11A-16 shall apply to such persons on and after July
1, 1995; (7) Persons with a master's or doctorate degree from any regionally accredited col-
lege or university with a major course of study in human nutrition, food and nutrition,
dietetics, food systems management, or nutrition education, or persons with a doctorate degree from a regionally accredited college or university with a major course
of study in biochemistry from using the title 'licensed nutritionist'; or (8) Persons from marketing or distributing food, food materials, or food supple-
ments or persons from engaging in an explanation of the use or preparation of these products, or from furnishing general nutrition information related to such products in
connection with the marketing or distribution of such products, except that such persons may not use the titles 'licensed dietitian' or 'licensed nutritionist.' 43-11A-20. A person who does not meet the requirements for licensure under this chapter, but who has been employed as a principal nutritionist or a district chief of

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JOURNAL OF THE HOUSE,

nutrition under the state merit system or a nutrition program manager in county government for at least five years prior to July 1, 1990, and who makes application for licensure as a licensed dietitian prior to July 1, 1991, may be granted a license as a licensed dietitian if he pays the required fee and complies with the continuing education requirements established by the board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Richardson of the 52nd moves to amend the Committee substitute to HB 1414 by striking 'Dietitics Practice Act.' from line 5 of page 2 and inserting 'Dietitians Licensing Law.' in its place.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
N Abernathy N Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins N Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck N Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd N Campbell Y Carrell Y Carter Y Chambless Y Chance Cheeks

Y Childers
Y Clark,B Y Clark.H
Clark.L Y Coleman
Colwell Y Connell
E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M N Davis.C
Y Davis.G N Davis.M Y Dixon,H N Dixon,S Y Dobbs N Dover
YDunn N Edwards Y Ehrhart
Pel ton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene
N Gresham Y Griffin
Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Heard
Y Herbert N Hotcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Y Jackson.W Jamieson
Y Jenkins Y Johnson Y Jones
Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson NLee Y Linder YLong YLord Y Lucas
Lupton
Y Mangum Y Martin YMcCoy Y McDonald N McKelvey

McKinney.B McKinney.C
Y Meadows Milam
Y Mobley Y Moody N Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M NOrr N Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell YRandall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal NSelman Y Simpson
Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith.W
YSmyre YSnow Y Stancil,F
Stancil,S Y Stanley
Steele Y Stephens Y Streat
Teper
Y Thomas.C N Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L YWall
Y Ware Watson
N Watts Y White Y Wilder Y Williams,B
Y Williams,J N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

MONDAY, FEBRUARY 26, 1990

1705

HB 947. By Representatives Dobbs of the 74th, Alford of the 57th and Green of the 106th:
A bill to amend Title 31 of the Official Code'of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment.

The following Committee substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment and to designate the Department of Natural Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radioactive materials; to provide for editorial revision; to provide for the powers and duties of the Department of Natural Resources and the Department of Human Resources with respect to radiation generating equipment and radioactive materials; to provide for the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with respect to radioactive materials; to provide for orders by the director; to provide for administrative hearings and for judicial review; to provide for restraining orders to be issued by the superior courts; to provide that the Attorney General shall represent the director in certain actions; to provide the Governor with authority to transfer powers and duties of the Department of Human Resources and the Department of Natural Resources by executive order; to specify the effect of this Act upon pending proceedings; to provide for the assumption of rules, regulations, and obligations; to provide for editorial revision; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Chapter 13, relating to radiation control, in its entirety and inserting in its place a new Chapter 13 to read as follows:
"CHAPTER 13
31-13-1. This chapter shall be known and may be cited as the 'Georgia Radiation Control Act.'
31-13-2. It is the policy of this state, in furtherance of its responsibility to protect the environment and the public health and safety of its citizens and, to the extent authorized under Article VI, Section 2 of the Constitution of the United States:
(1) To institute and maintain a program programs to allow development and utilization of sources of radiation for purposes that are consistent with the protection of the environment and the health and safety of the public; and
(2) To prevent any associated harmful effects of radiation upon the environment or the health and safety of the public through the institution and maintenance of tt regulatory program programs for radiation sources, providing for:
(A) Compatibility with the standards and regulatory programs of the federal government for by-product, source, and special nuclear materials;
(B) An effective system of regulation regulations within the state consistent with this chapter and with any environmental laws, rules, regulations, standards, or limitations administered by the Division ef Environmental Protection ef the Department ef Natural Resources; and
(C) A system consonant insofar as possible with those of other states.

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JOURNAL OF THE HOUSE,

31-13-3. As used in this chapter, the term: (1) 'Accelerator produced radioactive material' means any material made radioac-
tive by a particle accelerator. (1.1) 'By-product material' means any radioactive material, except special nuclear
material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
ftr2} 'Department' means the Department of Human Resources. (2) 'Director' means the director of the Division ef Environmental Protection Division of the Department of Natural Resources. (3) 'General license' means a license effective pursuant to applicable rules and regulations promulgated by the department Department of Human Resources or the Department of Natural Resources without the filing of an application, to transfer, acquire, own, possess, or use quantities of by-product, source, or special nuclear materials, or other radioactive material occurring naturally or produced artificially or devices, radiation generating equipment, or equipment utilizing such materials. (4) 'Ionizing radiation' means gamma rays and X-rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles; but not sound or radio waves or visible, infrared, or ultraviolet light. (4.1) 'Naturally occurring radioactive material' means radioactive material occurring naturally in the environment. (4.2) 'Nonionizing radiation' means:
(A) Any electromagnetic radiation other than ionizing electromagnetic radiation; or
(B) Any sonic, ultrasonic, or infrasonic wave. (5) 'Permissible radiation exposure' means the maximum amount of radiation to which an individual may be exposed, as established in applicable standards adopted by the department Department of Human Resources or the Department of Natural Resources. (6) 'Person' means any individual, corporation, partnership, association, trust, estate, public or private institution, agency or political subdivision of this state, or any other state or political subdivision or agency thereof.
(7) 'Radiation' means gamma rays and X-rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves with frequencies between Ixl09 hertz and lxlOM hertz and wavelengths between 3 x 10, meters and 3xlOl6 meters.
(8) 'Radiation generating equipment' means any manufactured product or device, or component part of such a product or device, or any machine or system which during operation can generate or emit radiation, except those which emit radiation only from radioactive material.
(9) 'Radioactive material' means any solid, liquid, or gas for any use that emits ionizing radiation spontaneously. It includes accelerator produced, by-product, naturally occurring, source, and special nuclear material.
(9.1) 'Registration' means registration with either the department Department of Human Resources or the Department of Natural Resources in accordance with applicable rules and regulations adopted pursuant to this chapter.
(10) 'Source material' means (A) uranium, thorium, and any other material which the department Department of Natural Resources declares to be source material after the Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such; or (B) ores containing one or more of the foregoing materials, in such concentration as the department Department of Natural Resources declares to be source material after the Nuclear Regulatory Commission, or any successor thereto, has determined the material in such concentration to be source material.
(11) 'Special nuclear material' means (A) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the department Department of Natural Resources declares to be special nuclear material after the Nuclear Regulatory Commission, or any successor thereto, has determined

MONDAY, FEBRUARY 26, 1990

1707

the material to be such, but does not include source material; or (B) any material artificially enriched by any of the foregoing, but does not include source material.
(12) 'Specific license' means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of by-product, source, or special nuclear materials, or other radioactive material occurring naturally or produced artificially, or devices or equipment utilizing such materials.
31-13-4. The Department of Human Resources is designated the state agency to administer a state-wide radiation control program for radiation generating equipment consistent with this chapter and any environmental laws, rules, regulations, standards, or limitations administered by the Division of Environmental Protection ef the Department of Natural Resources. It is declared to be the intent of the General Assembly that no provision of this chapter shall be construed so as to repeal, supersede, or preempt any of the functions, powers, authority, duties, or responsibilities assigned to the Division ef Environmental Protection Division of the Department of Natural Resources under this chapter or any ef the other laws or statutes of this state.
31-13-4.1. The Department of Natural Resources is designated the state agency to administer a state-wide radiation control program for radioactive materials consistent with this chapter.
31-13-5. (a) For the protection of the public health and safety, the department is Department of Human Resources, with regard to radiation generating equipment, and the Department of Natural Resources, with regard to radioactive materials, are empowered to:
(1) Develop comprehensive policies and programs for the evaluation, determination, and amelioration of hazards associated with the use of radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs for regulation ef by-product, source, and special nuclear materials;
(2) Advise, consult, and cooperate with other public agencies and with affected groups and industries;
(3) Encourage, participate in, or conduct studies, investigations, public hearings, training, research, and demonstrations relating to the control of sources of radiation, the effect upon public health and safety of exposure to radiation, and related problems; provided, however, the Division ef Environmental Protection ef the Department ef Natural Resources is designated as the state agency which akettt represent the state tn any proceeding or Hearing Dotorc tne united totatcs JNuclear Kegulatory Oommission, or any successor tncrcto, involving any licensing or a production of utilization facility er any environmental impact statement relative thereto;
(4) Adopt, promulgate, amend, and repeal such rules, regulations, and standards which may provide for licensing or registration relating to the distribution, assembly, manufacture, production, transportation, use, handling, storage, disposal, sale, lease, or other disposition of radioactive material and radiation generating equipment as may be necessary to carry out this chapter, provided that prior to adoption of any regulation or standard, or amendment or repeal thereof, the department Department of
Human Resources or the Department of Natural Resources, as is appropriate, shall afford interested parties an opportunity, at a public hearing conducted as provided in Article 1 of Chapter 5 of this title, to submit data or views orally or in writing. The
recommendations of nationally recognized bodies in the field of radiation protection shall be taken into consideration when formulating standards relative to the permissible dosage of radiation;
(5) Issue, modify, or revoke orders, in connection with proceedings under this
chapter, prohibiting or abating the discharge of ionizing radiation and radioactive material or waste into the ground, air, or waters of the state, except that the depart-
ment Department of Natural Resources shall not prohibit discharges expressly permitted by the federal Nuclear Regulatory Commission or any successor agency;
(6) Require the submission of plans, specifications, and reports for new construc-
tion and material alterations on (A) the design and protective shielding of installations
for radioactive material and radiation generating equipment; and (B) systems for the

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JOURNAL OF THE HOUSE,

disposal of radioactive waste materials and for the determination of any ionizing radiation hazard; and render opinions, approve, or disapprove such plans and specifications;
(7) Require all sources of ionizing radiation to be shielded, transported, handled, used, stored, or disposed of in such a manner to provide compliance with this chapter and rules, regulations, and standards adopted thereunder pursuant to this chapter;
(8) Collect and disseminate information relating to the control of sources of radiation, including but not limited to (A) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; and (B) maintenance of a file of registrants possessing sources of radiation requiring registration under this chapter, regulations thereunder promulgated pursuant to this chapter, and any administrative or judicial action pertaining thereto;
(9) Exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this chapter when the department Department of Human Resources or the Department of Natural Resources, as js applicable, determines that the exemption of such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public;
(10) Adopt and promulgate rules and regulations pursuant to this chapter which may provide for recognition of other state and federal licenses as the department
Department of Human Resources or the Department of Natural Resources shall deem desirable, subject to such registration requirements as it may prescribe be prescribed
by the applicable department; and (11) Exercise all incidental powers necessary to administer this chapter.
(b) The department is Department of Human Resources and the Department of Nat-
ural Resources are authorized to enter upon any public or private property at all reasonable times for the purpose of determining compliance with applicable provisions of this chapter and rules, regulations, and standards adopted thereunder pursuant to this chap-
ter. (c) The department is Department of Human Resources and the Department of Nat-
ural Resources are authorized to enter into appropriate agreements with the federal gov-
ernment, other states, or interstate agencies, whereby this state will perform, on a cooperative basis with the federal government, other states, or interstate agencies,
inspections and other functions related to the control of radiation. (d) The department is Department of Human Resources and the Department of Nat-
ural Resources are authorized to institute appropriate training programs for the purpose of qualifying personnel to administer applicable provisions of this chapter and may make such personnel available for participation in any programs of the federal govern-
ment, other states, or interstate agencies in furtherance of the purposes of this chapter. 31-13-6. (a) The department Department of Natural Resources may require the
posting of a bond not to exceed $5 million by an existing general or specific licensee by amendment to an existing license or by a person making an application for a new general or specific license, in order to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of a licensee to meet the require-
ments of the department Department of Natural Resources for the safe collection and disposition of sources of ionizing radiation from radioactive material in the event of an
accident, discontinuance of operation, or any circumstance which results in a potential radiation hazard at a site occupied by the licensee or formerly under its possession, own-
ership, or control. The department Department of Natural Resources is authorized to establish, by rule or regulation, the bonding requirements by classes of licensees and by
range of monetary amounts not to exceed $5 million. In establishing such requirements, the department Department of Natural Resources shall give due consideration to the
probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources ef radiation radioactive material used by the licensee, and the costs of reclamation of the property in the event of abandonment, insolvency,
or other inability of the licensee to perform such services to the satisfaction of the
department Department of Natural Resources. (b) The department Department of Natural Resources shall have authority upon
finding that conditions under this Code section have not been met or when it determines

MONDAY, FEBRUARY 26, 1990

1709

that an imminent hazard to the public health and welfare exists to require forfeiture of the bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare.
(c) A licensee who abandons a site or facility without taking the required actions to meet the requirements of the department Department of Natural Resources shall be guilty of a misdemeanor.
(d) Any bonding or financial protection requirements established by the department Department of Natural Resources pursuant to this Code section shall not apply to the state or any agency of the state.
31-13-7. (a) No person shall construct or operate a site or other facility for the concentration, storage, or burial of radioactive waste without first securing a permit for such construction or operation from the director of the Division ef Environmental Protection Division of the Department of Natural Resources. The director, under the conditions he prescribes, may require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permit. The director may issue a permit for the construction or operation of such a site or other facility upon a determination that the construction or operation would be consistent with the purposes and stated policy of this chapter. Any permit which may be issued by the director shall specify the conditions under which the site or facility shall be operated. The director, in specifying such conditions, shall have the power and authority to require a permittee to establish and maintain records; to make reports; to install, maintain, and use monitoring equipment or methods including, but not limited to, biological monitoring methods or emission and ambient monitoring devices; to sample any emission or discharge in accordance with such methods, at such locations, at such intervals, and in such manner as the director shall prescribe; and to provide such other information as he may reasonably require. Any permit issued shall be subject to periodic review; and the director may revoke or modify any permit if the holder fails to comply with any conditions thereof. The director is authorized to adopt, modify, repeal, and promulgate, after due notice and public hearing held in accordance with and established pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' rules and regulations not inconsistent with this Code section, for purposes of administering this Code section.
(b) The director may require the posting of a bond by the proposed permittee or operator, payable to the state, as a condition of any permit, in order to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of a permittee to meet the requirements of the Division ef Environmental Protection Division of the Department of Natural Resources for the safe collection and disposition of sources of ionizing radiation in the event of an accident, discontinuance of operation, or any circumstance which results in a potential radiation hazard at a site or facility for the concentration, storage, or burial of radioactive waste, which site is occupied by the permittee or was formerly under its possession, ownership, or control. The Divioion ef Environmental Protection Division of the Department of Natural Resources is authorized to establish, by rule or regulation, the bonding requirements of permittees by range of monetary amounts. In establishing such requirements, the director of the Division ef Environmental Protection Division shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources of radiation used by the permittee, and the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the permittee to perform such services to the satisfaction of the director. The director shall have authority upon finding that conditions under this Code section have not been met or when he determines that an imminent hazard to the public health and welfare exists to require forfeiture of bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare. A permittee who abandons a site or facility without taking the required actions to meet the requirements of the director of the Divisien ef Environmental Protection Division of the Department of Natural Resources shall be guilty of a misdemeanor. Any bonding or financial protection requirements established by the director pursuant to this Code section shall not apply to the state, or any
agency of the state, or to the storage of spent fuel possessed under 10 CFR Part 50 or

1710

JOURNAL OF THE HOUSE,

Part 70, which fuel was generated at an electric generating utilization facility and which is stored at such utilization facility in facilities licensed under 10 CFR Part 50 or at another such in-state utilization facility in facilities licensed under 10 CFR Part 50.
31-13-8. (a) The Governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain responsibilities of the federal government with respect to sources of ionizing radiation and the assumption of such responsibilities by this state.
(b) Upon the signing of the contract as provided in subsection (a) of this Code section, the department Department of Natural Resources shall provide by rule or regulation for general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess by-product, source, or special nuclear materials or devices, installations, or equipment utilizing such materials. Such rule or regulation shall provide for amendment, suspension, or revocation of licenses. Each application for a specific license shall be in writing on forms prescribed and furnished by the department Department of Natural Resources and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the department Department of Natural Resources may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The department Department of Natural Resources may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the department Department of Natural Resources may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations, or orders issued in accordance with this chapter.
31-13-8.1. The department Department of Natural Resources shall provide by rate or regulation establish, manage, and administer a program for the general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radioactive material other than by-product, source, or special nuclear materials or devices, installations, or equipment utilizing such material including the promulgation of such rules and regulations as the Board of Natural Resources may deem necessary to implement and enforce the program. Such itrie rules or regulation regulations shall provide for amendment, suspension, or revocation of licenses. Each application for a specific license shall be in writing on forms prescribed and furnished by the department Department of Natural Resources and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the department Department of Natural Resources may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The department Department of Natural Resources may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the department Department of Natural Resources may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations, or orders issued in accordance with this chapter.
31-13-8.2. he department shall be solely responsible for the licensing of diagnostic
ft'Ru tnCTSpCUtlC rtlGdlCfll USGS Ox rQ.Q 109C11VG ITlfltCTlftlS. rriOF tO lS3Uing, FCISSUIH^, OF
tivc nifltcridls pursusnt to tnis Oode section, trie dcpsrtment snsll outrun the1 concur renee of the director ef the Division of Environmental Protection ef the Department ef iNflturfll iXesource3 on sny sucn nonmedicui license wnicn tnc dcpflrtment determines, it
ment Ht sucn ft cjufln11ty sts to violfite 8ny stsndflrd, limitfltion, of requirement estftu~ by the Division ef Environmental Protection regarding such material.

MONDAY, FEBRUARY 26, 1990

1711

31-13-8.3. 31-13-8.2. The department Department of Human Resources is authorized to provide by rule or regulation for the registration and periodic renewal of registration of persons to sell, distribute, assemble, use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radiation generating equipment. Such rule or regulation shall provide for suspension or revocation of registration. Each application for registration shall be in writing on forms prescribed and furnished by the department Department of Human Resources and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the department Department of Human Resources may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The department Department of Human Resources may require any applications or statements to be made under oath or affirmation. No registration issued under the authority of this chapter and no right to possess or utilize radiation generating equipment granted by any registration shall be assigned or in any manner disposed of without prior notification to the department
Department of Human Resources. 31-13-9. (a) The department is Department of Human Resources and the Depart-
ment of Natural Resources are authorized to require, in accordance with applicable provisions of this chapter, each person who possesses or uses a source of ionizing radiation (1) to maintain appropriate records relating to its receipt, storage, use, transfer, or disposal and to maintain such other records as the department Department of Human Resources or the Department of Natural Resources, as is applicable, may require, subject to such exemptions as may be provided by rules and regulations; and (2) to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring may be required by the department Department of Human Resources or the Department of Natural Resources, as is applicable, subject to such exemptions as may be provided by rules and regulations. Copies of all records required to be kept by this subsection shall be submitted to the department Department of Human Resources or the Department of Natural Resources, as is appropriate, or its the duly authorized agents of such department upon request.
(b) The department is Department of Human Resources and the Department of Natural Resources are authorized to requirej in accordance with applicable provisions of this chapter, any person possessing or using a source of ionizing radiation to furnish, at the request of any employee for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, upon termination of employment, and at any time such employee has received excessive exposure.
31-13-10. (a) The department Department of Natural Resources may refuse to grant a license or te register radiation generating equipment as provided in Code Section 31-13-8; or 31-13-8.1; 31 13-8.2, of 31-13-8.3 and the Department of Human Resources may refuse to register radiation generating equipment as provided in Code Section 31-13-8.2 to any applicant who does not possess the applicable requirements or qualifications which the department Department of Natural Resources or the Department of Human Resources, as applicable, may prescribe in rules and regulations. The department Department of Natural Resources or the Department of Human Resources may suspend, revoke, or amend any license or registration^ respectively, in the event the person to whom such license or registration was granted violates any of the rules and regulations of the department Department of Natural Resources or the Department of Human Resources, whichever is applicable, or ceases or fails to have the reasonable facilities prescribed by the department Department of Natural Resources or the Department of Human Resources, provided that, before any order is entered denying an application for a license or registration or suspending, revoking, or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing as provided in Article 1 of Chapter 5 of this title.
(b) Whenever the department Department of Natural Resources or the Department of Human Resources finds that an emergency exists involving any licensee or registrant
requiring immediate action to protect the public health and safety, the department

1712

JOURNAL OP THE HOUSE,

Department of Natural Resources or the Department of Human Resources, as is appropriate, may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the department Department of Natural Resources or the Department of Human Resources, as is appropriate, shall be afforded a hearing within ten days. On the basis of such hearing, the emergency order shall be continued, modified, or revoked within 30 days after such hearing, as the department Department of Natural Resources or the Department of Human Resources, as is appropriate, may deem appropriate under the evidence.
(c) Any applicant or person to whom a license or registration was granted who is aggrieved by any order of the department Department of Natural Resources or the Department of Human Resources or its the duly authorized agent of such department denying any such application or suspending, revoking, or amending such license or registration may appeal file a hearing request with the appropriate agency to contest such action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
31-13-11. (a) In the event of an emergency, the department Department of Human Resources shall have the authority to impound or order the impounding of sources ef radiation generating equipment in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder pursuant to this chapter.
(b) The department Department of Human Resources may release such sources of radiation generating equipment to the owner thereof upon terms and conditions in accordance with this chapter and rules and regulations adopted thereunder pursuant to this chapter or may bring an action in the appropriate superior court for an order condemning such sources ef radiation generating equipment and providing for their its destruction or other disposition so as to protect the public health and safety.
(c) In the event of an emergency, the Department of Natural Resources shall have the authority to impound or order the impounding of radioactive materials in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules and regulations issued pursuant to this chapter.
(d) The Department of Natural Resources may release such radioactive materials to the owner thereof upon terms and conditions in accordance with this chapter and rules and regulations adopted pursuant to this chapter or may bring an action in the appropriate superior court for an order condemning such radioactive materials and providing for their destruction or other disposition so as to protect the public health and safety.
ol-lo- J.. JNotnmg contained m tins cnaptcr snail i&e construed so as to authorize tnc Division ef Environmental Protection ef the Department ef Natural Rcaourccs in ay manner whatsoever te license diagnostic and therapeutic medical uses ef radioactive ill8ten8is of reseftfCn solely lor incdic81 purposes Of 'to 8dopt rules, ro^juioxions, st<8n~ dards, limitations, er any policies relative thereto.
ol'lo'lo. An tunctions reidted. TO environments! rsdistion monitoring 8nd sufveil~ Is.nee performed by tne UepftPtment of iiviin&n rvesourees pursu&nt to tnis cn8pter sno.il be performed by the Department ef Natural Resources ad are assigned te the Division ef Environmental Protection.
31-13-14. 31-13-12. It shall be unlawful for any person to use, manufacture, assemble, distribute, produce, transport, receive, acquire, own, or possess any source of radiation required to be licensed or registered under this chapter unless licensed by or registered with the department Department of Natural Resources or the Department of Human Resources, respectively, in accordance with this chapter and rules and regulations adopted and promulgated hereundcr pursuant to this chapter.
31-13-15; 31-13-13. (a) Any person who violates the provisions of Code Section 31-13-7 or any rule or regulation promulgated thereunder pursuant to such Code section, or who violates the provisions of Code Section 31 13 14 31-13-12, or who hinders, obstructs, or otherwise interferes with any representative of the department Department of Human Resources or the Department of Natural Resources in the discharge of his

MONDAY, FEBRUARY 26, 1990

1713

official duties in making inspections as provided in Code Section 31-13-5 or in impounding materials as provided in Code Section 31-13-11 shall be guilty of a misdemeanor,
(b) (1) Any person who: (A) Violates any licensing or registration provision of this chapter or any rule,
regulation, or order issued under this chapter or any term, condition, or limitation of any license or registration certificate under this chapter; or
(B) Commits any violation for which a license or registration certificate may be revoked under rules or regulations issued pursuant to this chapter may be subject to a civil penalty, to be imposed by the department Department of Natural Resources or the Department of Human Resources, as is applicable, not to exceed $1,000.00 $10,000.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (2) Whenever the department Department of Human Resources proposes to subject a person to the imposition of a civil penalty under this subsection, it shall notify such person in writing:
(A) Setting forth the date, facts, and nature of each act or omission with which the person is charged;
(B) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and
(C) Advising of each penalty which the department Department of Human Resources proposes to impose and its amount.
Such written notice shall be sent by registered or certified mail by the department Department of Human Resources to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the department Department of Human Resources shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty^ if any, subsequently determined by the department Department of Human Resources, tf any; the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal contest such action in an administrative hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(3) On the request of the department Department of Human Resources, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection.
(4) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.
31-13-14. The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to the handling of radioactive materials in the state.
31-13-15. The director shall have the authority to investigate any apparent violation of this chapter and to take any action authorized under this chapter as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this chapter.
31-13-16. Whenever the director has reason to believe that a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this chapter or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this chapter shall be signed by the director. Any such

1714

JOURNAL OF THE HOUSE,

order shall become final unless the person or persons named therein re___ _ ____ a hearing before the director no later than 30 days after such order is served on such person or persons.
31-13-17. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the director shall be afforded a hearing within 48 hours. On the basis of such hearing, the director may continue such order in effect, revoke it; or modify it.
31-13-18. Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, such person may request and obtain a hearing by filing a petition with the director within 30 days after service of the order or notice of action. Such hearing and any other hearing under this chapter shall be conducted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
31-13-19. Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a contested case is entitled to judicial review under this chapter. In this connection, all proceedings for judicial review shall be conducted in accordance with subsections (b) through (h) of Code Section 50-13-19, and any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from the superior courts to the appellate courts of this state.
31-13-20. The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappealed final order of the director or of a final order of the director affirmed upon appeal whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings m relation thereto shall thereafter be the same as though such judgment had been rendered in an action duly heard and determined by such court.
31-13-21. Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this chapter, the director may apply to the superior court of the county where such person resides or, if such person is a nonresident of the state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice for an order restraining and enjoining such act or practice. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
33-13-22. It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter.
31-13-23. The Governor shall have the authority to transfer powers and duties enumerated in this chapter between the Department of Natural Resources and the Department of Human Resources as he deems appropriate by executive order.
31-13-24. This chapter shall not affect the validity of any judicial or administrative proceeding pending or which was commenced before the effective date of the applicable provisions of this chapter, and any successor department shall be substituted as the proper party at interest. Furthermore, upon the transfer of any function under this chapter, the agency assuming the transfer and performing the function in the future shall be construed as a continuation of the original agency for the purpose of federal aid and may continue to receive any such funds to carry out or perform such functions.
31-13-25. All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the the jurisdiction of the Department of Human Resources will, by operation of law, be assumed by the Department of Natural Resources on the effective date of this chapter."

MONDAY, FEBRUARY 26, 1990

1715

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dobbs of the 74th moves to amend the committee substitute to HB 947 by striking on line 25 of page 15 the following:
"other than",
and inserting in lieu thereof the following:
"othr than including".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Y Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark.B
Y Clark.H Clark.L
Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Ylrwin Y Isakson Y Jackaon,J Y Jackson, W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham
Y Parrish Y Patten
Pettit
Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L Y WaU YWare Y Watson Y Watts Y White
Wilder Y Williams.B Y WUliams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HR 886. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Connell of the 87th, Lee of the 72nd and Edwards of the 112th

1716

JOURNAL OF THE HOUSE,

A RESOLUTION
Creating the Joint Study Committee on State Officials' Compensation; and for other purposes.
WHEREAS, the compensation of certain state officials is fixed directly by Act of the General Assembly and the compensation of certain other state officials is fixed in other manners as provided by law; and
WHEREAS, it is appropriate that this body undertake a study of the compensation of the state's constitutional officers, department and agency heads, and board chairman.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on State Officials' Compensation.
The committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The committee shall hold an organizational meeting at the call of the Speaker of the House and the President of the Senate. The committee shall elect its own officers.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, and issues mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than six days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1990.

The following amendment was read:

Representative Bannister of the 62nd, et al. move to amend HR 886 as follows:
To amend Line 19, page 1 by adding:
"The members of such joint study committee shall be comprised of members of the two major political parties represented in the Senate and in the House of Representatives by the same ratio as each party is represented in the Senate and in the House of Representatives. At least one member of the minority party of the Senate and the House of Representatives shall be appointed."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron
N Abernathy N Adams Y Aiken N Alford Y Alien NAthon
Y Atkins N Bailey
Baker Balkcom Y Bannister

Barfoot
N Bargeron N Barnett.B Y Barnett.M N Bates N Beck NBenefield
N Benn N Birdsong N Bishop N Bostick N Branch

Y Breedlove
Brooks Brown N Buck N Buford N Byrd Y Campbell
N Carrell N Carter N Chambless N Chance
Cheeks

N Childers
N Clark.B Y Clark.H
Clark,L N Coleman
Colwell N Connell
E Couch N Crawtord N Crosby N Cummings.B
Cummings.M

Y Davis.C
Davis,G Y Davis.M N Dkon.H N Dkon.S N Dobbs N Dover
N Dunn Edwards
Y Ehrhart Y Felton N Fennel

MONDAY, FEBRUARY 26, 1990

1717

N Floyd,J.M N Floyd,J.W
N Foster N Godbee Y Goodwin N Green
N Greene Gresham
N Griffin N Groover N Hamilton N Hanner
Harris Y Hasty Y Heard N Herbert
N Holcomb N Holland N Holmes
N Hooks Y Howren N Hudson NIrwin Y Isakson

N Jackson,J Y Jackson.W
Jamieson Y Jenkins
Johnson Y Jones
Kilgore Y Kingston N Lane,D N Lane,R N Langford Y Lawrence
Lawson
NLee Y Linder NLong NLord N Lucas Y Lupton N Mangum N Martin
N McCoy McDonald
N McKelvey

McKinney.B
McKinney.C N Meadows NMilam
N Mobley N Moody Y Morton N Moultrie Y Mueller N Oliver.C
N 01iver,M YOrr
N Orrock N Padgett N Pannell
N Parham
N Parrish N Patten N Pettit N Pinkston NPoag
N Porter
NPoston N Powell

Randall Y Ransom
Y Ray Reaves
N Redding N Richardson N Ricketson N Robinson N Royal NSelman
N Simpson N Sinkfield N Smith,L Y Smith,P N Smith.T Y Smith.W
NSmyre YSnow N Stancil,F Y Stancil,S
Stanley Y Steele
Stephens N Streat

NTeper N Thomas,C N Thomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
N Walker,L
Y Wall N Ware N Watson N Watts Y White Y Wilder Y Williams,B
Williams,J
Y Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 44, nays 105. The amendment was lost.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Y Chance Cheeks

Y Childers
Y Clark.B Y Clark.H
Clark,L Y Coleman
Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Dixon,S Dobbs
Y Dover Y Dunn
Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Holmes
Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston YLane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinneyJB
McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston
YPoag Y Porter Y Poston Y Powell Y Randall
Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

On the adoption of the Resolution, the ayes were 159, nays 0.

Y Smith,L Y Smith,? Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens
Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams.J Y Yates
Y Yeargin Murphy ,Spkr

1718

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted.

HB 553. By Representatives Sinkfield of the 37th, Benn of the 38th and Heard of the 43rd:
A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs.

The following Committee substitute was read and adopted:

A BILL
To amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs; to provide for such stipends to be on a reimbursable basis on a state approved schedule; to authorize the State Board of Education to require certain action by local systems before state funding for such stipends will be made available; to provide for the definition of certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," is amended by adding at the end of Subpart 2 a new Code Section 20-2-217 to read as follows:
"20-2-217. The State Board of Education is authorized and directed to devise a program to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs which will enable such employees to increase their education pertaining to their job classification or to obtain appropriate degrees to become certified teachers. Such stipends shall be provided to individuals on a reimbursable basis on a state approved schedule. The State Board of Education shall be authorized to require the local professional and staff development plan required under Code Section 20-2-232 to include professional and staff development for licensed personnel, paraprofessionals, aides, and education secretaries before state funding for the purposes of this Code section will be made available to a local system. As used in this Code section, the terms 'paraprofessional,' 'aide,' and 'licensed personnel' shall be defined as provided in Code Section 20-2-204."
Section 2. This Act shall become effective only upon the appropriation of sufficient funds by the General Assembly.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken

Y Alford Y Alien Y Athon Y Atkins

Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates Y Beck Y Benefield Y Benn

MONDAY, FEBRUARY 26, 1990

1719

Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers Y Clark,B Y Clark.H
Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G Y Davis.M Y Dixon.H

Y Dixon,S
YDobbs Y Dover
YDunn Y Edwards YEhrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster NGodbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson

Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D YLane.R Y Langtord Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie

Mueller Y Oliver.C
Y Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell YRandall
Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T Y Smith.W

Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens
Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J N Yates YYeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 861. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Simpson of the 70th and Randall of the 101st

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to confer "by law" jurisdiction on municipal courts over violations of state law; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section I, Paragraph I of the Constitution is amended by adding at the end of said Paragraph a new sentence to read as follows:
"The General Assembly shall have the authority to confer 'by law' jurisdiction upon municipal courts to try state offenses."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the General Assembly to confer 'by law' jurisdiction upon municipal courts to try state
( ) NO offenses?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

1720

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates YBeck Y Benefield
Benn
Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks

Y Childers
Y Clark.B
Y Clark,H Clark.L
Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Y Hudson Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas
Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

Y McKinney.B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr YOrrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston
YPoag Y Porter YPoston Y Powell YRandall Y Ransom YRay
Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 158, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 629 Do Pass, by Substitute HB 1756 Do Pass, by Substitute
Respectfully submitted, /&/ Mangum of the 57th
Chairman

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

MONDAY, FEBRUARY 26, 1990

1721

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 945. By Representatives White of the 132nd, Cummings of the 134th, Chambless of the 133rd and Balkcom of the 140th: A resolution inviting Honorable Tommy Coleman and Mr. Walter Deriso to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 946. By Representatives White of the 132nd, Cummings of the 134th, Chambless of the 133rd and Balkcom of the 140th: A resolution commending Dr. T. Marshall Jones.
HR 947. By Representatives Walker of the 115th, Watson of the 114th, Groover of the 99th, Pinkston of the 100th and Coleman of the 118th: A resolution expressing sympathy at the passing of Joseph M. Tolleson.
HR 948. By Representatives Walker of the 115th, Watson of the 114th and Coleman of the 118th: A resolution commending the second annual Perry Dogwood Festival.
HR 949. By Representative Alford of the 57th: A resolution congratulating Mr. and Mrs. Paul Osborne.
HR 950. By Representatives Cummings of the 17th, Murphy of the 18th, Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A resolution recognizing Mr. Sterling Holloway.
HR 951. By Representatives Thomas of the 31st and Benn of the 38th: A resolution expressing sympathy at the passing of Mr. Onlie Hardnett.
HR 952. By Representatives Redding of the 50th, Holmes of the 28th, McKinney of the 35th, McKinney of the 40th and Sinkfield of the 37th: A resolution commending and recognizing Mr. Gary Mayo Holmes.
HR 953. By Representatives Redding of the 50th and Bostick of the 138th: A resolution commending and recognizing Mr. Milton Sanders.
HR 954. By Representative Murphy of the 18th: A resolution commending and recognizing Barbara K. Rivers.

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JOURNAL OF THE HOUSE,

HR 955. By Representatives Murphy of the 18th, Lee of the 72nd and Long of the 142nd:
A resolution extending best wishes to Burton and Peggy Wamble.

HR 958. By Representatives Holland of the 136th, Byrd of the 153rd, Foster of the 6th, Holcomb of the 72nd and Greene of the 130th:
A resolution recognizing and commending the officials of the Youth Assembly.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th, Lee of the 72nd, Buck of the 95th and others:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific business and occupation taxes, so as to change provisions relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time.

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to local excise taxation of rooms, lodgings, and accommodations, so as to change provisions relating to authorized and required expenditures of tax proceeds; to change the maximum rate of taxation under certain conditions; to limit the total amount of taxation; to require budget plans for expenditures; to authorize under certain conditions voluntary payments in lieu of taxes by certain facilities operated under the jurisdiction of the Georgia Department of Natural Resources; to specify license fee limits on, and to authorize under certain conditions the levy of taxes on, facilities operated by charitable trusts and their functionally related businesses; to define terms; to require local governments to make certain reports to the Department of Community Affairs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to local excise taxation of rooms, lodgings, and accommodations, is amended by striking all of the article except for the article designation and inserting in lieu thereof the following:
"48-13-50. It is declared to be the purpose and intent of the General Assembly that: (1) Each county and municipality in this state shall be authorized to levy certain
excise taxes as hereinafter provided in this article; and (2) Funds be made available for the purposes of promoting, attracting, stimulating,
and developing conventions and tourism in the counties and municipalities and for the provision of other local government services. 48-13-50.1. Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. One such district shall exist within the geographical boundaries of each county, and the territory of each such district shall include all of the territory within the county except

MONDAY, FEBRUARY 26, 1990

1723

territory located within the boundaries of any municipality which imposes an excise tax on charges to the public for rooms, lodgings, and accommodations under this article.
48-13-51. (a) (1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (4), and (5) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as autho-
rized under paragraphs (3), (4), and (5) of this subsection; and in such case the
expenditure requirements of paragraph (3) or (4) or (5) of this subsection shall apply instead.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or
municipality may levy a tax under this Code section at a rate of 5 percent. A county
or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to
the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting
tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or
related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or
related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or
local authority for convention and trade show purposes or any other similar or related
purposes if construction of such facility is funded or was funded prior to July jj 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990,

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JOURNAL OF THE HOUSE,

iri whole or substantially by an appropriation of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner.
(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 66 percent 43 '/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned
or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in
effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded
prior to July I, 1990, in whole or in part by a grant of state funds or is funded on or after July 1^ 1990, in whole or substantially by an appropriation of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended
only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of
the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that
amounts expended for purposes (C) and (D) may be so expended in any otherwise
lawful manner. Aay tax levied pursuant te this paragraph {4) at the rate ef 6 percent snail terminate upon tne levy of a tax at tnc rate OT ~r percent under tnc provisions Or paragrapn \d) 01 tins 3Uosection out ifl any event not later t>nan dune oU, lUl/U. f ol-
lowing the termination ef a tax under this paragraph ^4)-, tatty county er municipality which has levied a tax pursuant te this paragraph {4} shaH be authorized te levy a
tax in the manner and at the rate authorized by any other applicable provisions ef tnis Oode section ^including out not limited te tnc provisions or paragrapn (o) ef tnis suDscctionj out snail not ttiercatter DC autnonzed te again levy a tax under tnis para~ graph {4)r In addition to the amounts required to be expended above, a county or
municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated
by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local govern-
ment for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or munici-
pality levying the tax had in effect on January 1_, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility
owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau
authority created by local Act of the General Assembly for a municipality; or (D) a facility owned or operated for convention and trade show purposes or any other simi-
lar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein.
Amounts so expended to meet such 16 % percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities.

MONDAY, FEBRUARY 26, 1990

1725

(5) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality is authorized to levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend an amount equal to at least 51.4 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to at least 32.14 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, except that amounts expended for those purposes specified in subparagraphs (C) and (D) of this paragraph may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (5) shall further expend (in each fiscal year during which the tax is collected under this paragraph (5)) an amount equal to 14.3 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to 39.3 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent toward funding a multipurpose domed stadium facility. Amounts so expended shall be expended only through a contract originally with the state, a department or agency of the state, or a state authority or through a contract or contracts with some combination of the above. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2017, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph (5), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by an authority of the state, shall constitute a contract with the holder of such obligations.
(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (5) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (5) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), er paragraph (3)j or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (5) of this subsection.
(7) As used in this Code section, the term 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings,
structures, equipment, or facilities, and the repayment of any obligation incurred by
an authority in connection therewith. The term 'obligation' shall include bonds, notes,
or any instrument creating an obligation to pay or reserve moneys incurred prior to

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JOURNAL OF THE HOUSE,

January 1, 1991, and having an initial term of not more than 30 years. The term 'multipurpose domed stadium facility' shall mean a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof.
(8) (A) For purposes of this Code section, a 'private sector nonprofit organization" shall be a chamber of commerce, a convention and visitors bureau, a regional travel association, or any other private group organized for similar purposes which is exempt from federal income tax under Section 501 (c) (6) of the Internal Revenue Code of 19867 ; provided, however, that a county or municipality which has prior to April lj 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501 (c) of the Internal Revenue Code other than Section 501 (c) (6) may continue to contract for required expenditures with such a private group.
(B) For purposes of this Code section, 'state authority' shall mean an authority created by state law which serves a state-wide function including, but not limited to, the Geo. L. Smith II Georgia World Congress Center Authority, but shall not mean an authority created for support of a local government or a local purpose or function and shall not include authorities such as area planning and development commissions and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities. (9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (4), or (5) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1^ 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (4), or (5) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (4), or (5) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (4), or (5) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.
(10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (4), or (5) of this subsection.
(11) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights.
(12) Any action by a local governing authority to increase the tax imposed impose or change the rate of the tax authorized under this Code section abeve 3 percent shall become effective no sooner than the first day of the second month following its adoption by the local governing authority.
(b) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county.

MONDAY, FEBRUARY 26, 1990

1727

48-13-52. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from the state sales and use tax under Article 1 of Chapter 8 of this title.
48-13-53. The rate of taxation, the manner of imposition, payment, and collection of the tax, and all other procedures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article.
48-13-54. (a) Any lodge operated under the jurisdiction of the Department of Natural Resources which regularly furnishes for value rooms, lodgings, or accommodations as well as meals and conference or meeting facilities and which is located in a county or municipality levying a tax under this article may, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodge was privately operated.
(b) Any agreement to collect and remit as authorized by subsection (a) of this Code section must be approved in writing by the Board of Natural Resources before any amounts are collected or remitted. The Board of Natural Resources may revoke its approval at will. Amounts collected and remitted under the authority of this Code section shall be expended solely for promoting, attracting, stimulating, and developing conventions and tourism. The expenditure of the funds shall only be made under a written agreement between the facility and the local government. The agreement governing the expenditure of the funds must be approved in writing by the Board of Natural Resources before any amounts are collected and remitted or spent.
48-13-55. (a) A charitable trust, or a functionally related business of a charitable trust, which regularly furnishes for value rooms, lodgings, or accommodations shall be subject to local licensure by, or required to pay a business or occupation tax to, a county or municipality only to the extent provided in this Code section. Further, such a charitable trust, or such a functionally related business of a charitable trust, shall be subject to taxes levied under Code Section 48-13-51 only to the extent provided in this Code section.
(b) Any license fee of any type, whether a flat fee or based on gross receipts, charged by a county or municipality to a charitable trust, or to a functionally related business of a charitable trust or any affiliated activity, shall not exceed $200.00 per year.
(c) Any tax levied by a county or municipality under Code Section 48-13-51 shall apply to a charitable trust, or a functionally related business of a charitable trust, only if the levy and collection of the tax is approved in advance in writing by the Board of Natural Resources. The Board of Natural Resources may revoke its approval at will. Amounts collected and remitted under the authority of this Code section shall be expended solely for promoting, attracting, stimulating, and developing conventions and tourism. The expenditure of the funds shall only be made under a written agreement between the charitable trust or its functionally related business and the local government. The agreement governing the expenditure of the funds must be approved in writing by the Board of Natural Resources before any taxes are collected and remitted and
before any funds are spent. (d) For purposes of this Code section, the term 'charitable trust' means any trust or
other entity covered by Part 2 of Article 3 of Chapter 12 of Title 53, the 'Georgia Charitable Trust Act.' For purposes of this Code section, the term 'functionally related business' means a business entity, whether or not incorporated, which is owned by such a charitable trust and which constitutes a functionally related business within the meaning of Section 4942(j)(4) of the Internal Revenue Code.
(e) This Code section (rather than conflicting provisions in Code Section 48-13-51) shall govern the licenses and license fees of, and the levy, collection, and expenditure of the taxes authorized by this article as applied to, a charitable trust or a functionally related business of a charitable trust.

1728

JOURNAL OF THE HOUSE,

48-13-56. Each county or municipality imposing a tax as authorized by this article shall, as a condition of continuing authorization to impose the tax, annually file with the Department of Community Affairs a report specifying the rate of taxation and amounts collected and expended pursuant to this article. Such report shall be filed in such form and at such times as may be specified by rule of the Department of Community Affairs."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to HB 770 as follows:
By striking the word "may" on line 23 page 14 and inserting "shall" and by striking subsection "6" of Section 48-13-54 on pages 14 and 15 and by adding on line 31 page 14 the following:
"the sums so collected and remitted shall only be expended for those purposes for which other money collected from the tax authorized by this Article may be expended."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 115, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1293.

By Representatives Snow of the 1st, McCoy of the 1st, Padgett of the 86th, Dunn of the 73rd, Carrell of the 65th and others:
A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecution for certain offenses must be commenced.

The following Committee substitute was read:

A BILL
To amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitations on prosecutions generally, so as to remove the limitation on prosecutions of felonies committed against victims under age 14; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitations on prosecutions generally, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 17-3-1 to read as follows:
"17-3-1. (a) A prosecution for murder may be commenced at any time. (b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime.

MONDAY, FEBRUARY 26, 1990

1729

(c) Prosecution for felonies other than those specified in subsections (a) and (b) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 14 years must be commenced within seven years after the commission ef the crime may be commenced at any time.
(d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Snow of the 1st moves to amend the Committee substitute to HB 1293 by striking lines 1 through 5 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecution for certain offenses must be commenced; to provide for the reporting of such violations; to provide for applicability; to repeal conflicting laws; and for other purposes."
By striking lines 7 through 26 of page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, is amended by adding, following Code Section 17-3-2, a new Code Section 17-3-2.1 to read as follows:
'17-3-2.1. (a) If the victim of a violation of: (1) Code Section 16-5-70, relating to cruelty to children; (2) Code Section 16-6-1, relating to rape; (3) Code Section 16-6-2, relating to sodomy and aggravated sodomy; (4) Code Section 16-6-3, relating to statutory rape; (5) Code Section 16-6-4, relating to child molestation and aggravated child
molestation; (6) Code Section 16-6-5, relating to enticing a child for indecent purposes; or (7) Code Section 16-6-22, relating to incest,
is under 16 years of age on the date of the violation, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney.
(b) This Code section shall apply to any offense designated in paragraphs (1) through (8) of subsection (a) of this Code section occurring on or after July 1, 1990.'"

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker assumed the Chair.

1730

JOURNAL OF THE HOUSE,

HR 887. By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st, Buford of the 103rd, Lucas of the 102nd and others:
A resolution designating the F. Emory Greene Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Bates YBeck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks
Y Brown YBuck Y Buford YByrd Y Campbell
Carrell Y Carter
Y Chambless Chance
Y Cheeks

Y Childers
Y Clark,B
Y Clark,H Y Clark.L Y Coleman Y Colwell Y Connell E Couch
Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C Y Davis.G
Davis,M
Y Dkon,H Y Dixon.S
Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Y Langford Y Lawrence Y Lawson
YLee Y Linder
Long Lord Y Lucas Y Lupton Y Mangum
Y Martin YMcCoy
McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Porter
YPoston Y Powell
Y Randall Y Ransom
YRay Y Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson
Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith.W
Smyre Snow Y Stancil,F Stancil,S
Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas.C
Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder
Williams.B
Williams,J Y Yates
Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Williams of the 48th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 931. By Representatives Randall of the 101st, Birdsong of the 104th, Groover of the 99th, Lucas of the 102nd and Buford of the 103rd:
A resolution designating the Joe A. Whitherington Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 26, 1990

1731

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell
E Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs
Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y FIoyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,H Y Langford
Lawrence Y Lawson YLee Y Linder YLong
Lord Y Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Y Pinkston
YPoag Y Porter Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Smith,L Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L YWall
Ware Y Watson Y Watts
White Wilder
Williams.B Williams^I Y Yates Yeargin Murphy ,Spkr

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Williams of the 48th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 945 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 945. By Representatives White of the 132nd, Cummings of the 134th, Chambless of the 133rd and Balkcom of the 140th:
A resolution inviting Honorable Tommy Coleman and Mr. Walter Deriso to appear before the House of Representatives.

1732

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1946. By Representatives Thomas of the 69th, Simpson of the 70th, Meadows of the 91st, Yates of the 75th, Jones of the 71st and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Gov-

The following substitute, offered by Representative McKinney of the 35th, was read:
A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-member districts in the judicial circuits; to provide for nonpartisan elections and terms of office; to provide for residency requirements for superior court judges; to provide for the election of a superior court judge by the electors of the single-member district in which the judge is to serve; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-2, which reads as follows:
"15-6-2. The number of judges for each of the superior courts for each of the judicial circuits shall be as follows:
(1) Alapaha Circuit..................................................................................................... 2 (2) Alcovy Circuit........................................................................................................ 2 (2.1) Appalachian Circuit........................................................................................... 2 (3) Atlanta Circuit...................................................................................................... 13 (4) Atlantic Circuit..................................................................................................... 4 (5) Augusta Circuit..................................................................................................... 5 (6) Blue Ridge Circuit................................................................................................ 2 (7) Brunswick Circuit................................................................................................. 4 (8) Chattahoochee Circuit.......................................................................................... 5 (9) Cherokee Circuit................................................................................................... 3 (10) Clayton Circuit...................................................................................................... 4 (11) Cobb Circuit.......................................................................................................... 7 (12) Conasauga Circuit................................................................................................. 3 (13) Cordele Circuit...................................................................................................... 2 (14) Coweta Circuit...................................................................................................... 3 (15) Dougherty Circuit................................................................................................. 2 (15.1) Douglas Circuit................................................................................................. 2 (16) Dublin Circuit....................................................................................................... 2 (17) Eastern Circuit...................................................................................................... 5 (18) Flint Circuit........................................................................................................... 2 (19) Griffin Circuit....................................................................................................... 3 (20) Gwinnett Circuit................................................................................................... 5 (21) Houston Circuit.................................................................................................... 2 (22) Lookout Mountain Circuit.................................................................................. 3 (23) Macon Circuit....................................................................................................... 4 (24) Middle Circuit....................................................................................................... 2 (25) Mountain Circuit.................................................................................................. 2 (26) Northeastern Circuit............................................................................................ 3

MONDAY, FEBRUARY 26, 1990

1733

(27) Northern Circuit................................................................................................... 2

(28) Ocmulgee Circuit.................................................................................................. 3

(29) Oconee Circuit....................................................................................................... 2

(30) Ogeechee Circuit................................................................................................... 2

(31) Pataula Circuit...................................................................................................... 2

(32) Piedmont Circuit.................................................................................................. 2

(32.1) Rockdale Circuit.............................................................................................. 1

(33) Rome Circuit......................................................................................................... 3

(34) South Georgia Circuit.......................................................................................... 2

(35) Southern Circuit................................................................................................... 4

(36) Southwestern Circuit........................................................................................... 2

(37) Stone Mountain Circuit....................................................................................... 9

(38) Tallapoosa Circuit................................................................................................ 2

(39) Tifton Circuit........................................................................................................ 2

(40) Toombs Circuit..................................................................................................... 2

(41) Waycross Circuit................................................................................................... 3

(42) Western Circuit........................................................................................................ 2",

in its entirety and inserting in lieu thereof a new Code Section 15-6-2 to read as follows:

"15-6-2. (a) The judges of the superior courts for each of the judicial circuits shall

be elected on a nonpartisan basis for a term of four years from single-member districts.

For the purpose of electing such judges, each judicial circuit shall be divided into elec-

tion districts as follows:

(1) Alapaha Circuit

District 1

(To be inserted)

District 2

(2) Alcovy Circuit District 1 District 2

(3) Appalachian Circuit District 1 District 2

(4) Atlanta Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13

(5) Atlantic Circuit District 1 District 2 District 3 District 4

(6) Augusta Circuit District 1 District 2 District 3 District 4 District 5

1734

JOURNAL OF THE HOUSE,

(7) Blue Ridge Circuit District 1 District 2
(8) Brunswick Circuit District 1 District 2 District 3 District 4
(9) Chattahoochee Circuit District 1 District 2 District 3 District 4 District 5
(10) Cherokee Circuit District 1 District 2 District 3
(11) Clayton Circuit District 1 District 2 District 3 District 4
(12) Cobb Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7
(13) Conasauga Circuit District 1 District 2 District 3
(14) Cordele Circuit District 1 District 2
(15) Coweta Circuit District 1 District 2 District 3
(16) Dougherty Circuit District 1 District 2
(17) Douglas Circuit District 1 District 2
(18) Dublin Circuit District 1 District 2

MONDAY, FEBRUARY 26, 1990

1735

(19) Eastern Circuit District 1 District 2 District 3 District 4 District 5
(20) Flint Circuit District 1 District 2
(21) Griffin Circuit District 1 District 2 District 3
(22) Gwinnett Circuit District 1 District 2 District 3 District 4 District 5
(23) Houston Circuit District 1 District 2
(24) Lookout Mountain Circuit District 1 District 2 District 3
(25) Macon Circuit District 1 District 2 District 3 District 4
(26) Middle Circuit District 1 District 2
(27) Mountain Circuit District 1 District 2
(28) Northeastern Circuit District 1 District 2 District 3
(29) Northern Circuit District 1 District 2
(30) Ocmulgee Circuit District 1 District 2 District 3
(31) Oconee Circuit District 1 District 2

1736

JOURNAL OF THE HOUSE,

(32) Ogeechee Circuit District 1 District 2
(33) Pataula Circuit District 1 District 2
(34) Piedmont Circuit District 1 District 2
(35) Rockdale Circuit District 1
(36) Rome Circuit District 1 District 2 District 3
(37) South Georgia Circuit District 1 District 2
(38) Southern Circuit District 1 District 2 District 3 District 4
(39) Southwestern Circuit District 1 District 2
(40) Stone Mountain Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9
(41) Tallapoosa Circuit District 1 District 2
(42) Tifton Circuit District 1 District 2
(43) Toombs Circuit District 1 District 2
(44) Waycross Circuit District 1 District 2 District 3

MONDAY, FEBRUARY 26, 1990

1737

(45) Western Circuit District 1 District 2
(b) At the time of his election, a judge must be a resident of the circuit in which he is to serve. Each judge shall be elected only by the voters of his judicial district.
(c) The first judges elected pursuant to this Code section shall be those who are elected at the November, 1990, general election to take office on the first day of January, 1991. The remaining judges whose terms of office normally expire on December 31, 1992, shall remain in office until the normal expiration of their terms and until their successors are elected and qualified pursuant to this Code section and shall continue to serve in the judicial circuits from which elected. The provisions of this Code section shall be effective for the nonpartisan primary and general elections of 1990 for the purpose of electing judges in 1990 who are to take office in 1991 and for the nonpartisan primary and general elections of 1992 for the purpose of electing judges in 1992 who are to take office in 1993. Successors to those judges elected in 1990 and successors to the judges elected in 1992 shall likewise be elected under this Code section.
(d) For the purposes of this Code section: (1) The terms 'Census County Division,' 'Tract,' 'Census Tract,' 'Block Group,' and
'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any judicial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (e) Any part of the State of Georgia which is not included in any judicial district described in this Code section shall be included within that judicial district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 15-6-4.1 in its entirety and inserting in lieu thereof a new Code Section 15-6-4.1 to read as follows:
"15-6-4.1. Each judge of the superior courts shall be elected by the electors of the judicial etteatt single-member district in which the judge is to serve."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
N Adams N Aiken N Alford Y Alien N Athon N Atkins
N Bailey Y Baker N Balkcom N Bannister
Barfoot
N Bargeron N Barnett,B Y Barnett,M N Bates NBeck N Benefield
Benn
N Birdsong Y Bishop
Bostick N Branch N Breedlove

Y Brooks Y Brown
NBuck N Buford
NByrd N Campbell N Carrell N Carter
N Chambless Chance Cheeks
N Childers Y Clark,B
N Clark.H N Clark,L N Coleman
Colwell N Connell
E Couch N Crawford
N Crosby N Cummings,B Y Cummings.M
N Davis,C Y Davis.G

N Davis,M N Diion.H
N Dkon,S N Dobbs N Dover NDunn N Edwards N Ehrhart
Pelton N Fennel N Floyd,J.M N Floyd,J.W
N Foster N Godbee YGoodwin N Green N Greene N Gresham N Griffin N Groover N Hamilton
N Manner N Harris
N Hasty N Heard

N Herbert N Holcomb
Holland Y Holmes
Hooks N Howren N Hudson N Irwin NIsakson N Jackson,J N Jackson,W
Jamieson N Jenkins Y Johnson
N Jones N Kilgore Y Kingston
Lane,D NLane,R N Langford N Lawrence N Lawson NLee Y Under NLong

Lord Y Lucas
Lupton
Mangum N Martin NMcCoy N McDonald N McKelvey
Y McKinney,B Y McKinney.C N Meadows NMilam N Mobley N Moody Y Morton N Moultrie N Mueller N Oliver.C N 01iver,M
YOrr Y Orrock N Padgett N Pannell N Parham NParrish

1738

JOURNAL OF THE HOUSE,

Patten Pettit N Pinkston
YPoag N Porter NPoston N Powell YRandall N Ransom YRay
N Reaves

Y Redding N Richardson N Ricketson
N Robinson N Royal NSelman
Simpson Y Sinkfield N Smith.L N Smith.P
N Smith.T

N Smith,W Y Smyre N Snow
N Stancil,F N Stancil3 Y Stanley N Steele N Stephens N Streat
Teper
N Thomas.C

Y Thomas,M N Thompson Y Thurmond
N Titus Y Tolbert Y Townsend N Twiggs N Vaughan N Waddle Y Walker.C
N Walker,L

N Wall Ware
N Watson
N Watts Y White Y Wilder
Williams,B Williams.J N Yates N Yeargin
Murphy.Spkr

On the adoption of the Floor substitute, the ayes were 36, nays 121. The Floor substitute was lost.

The following substitute, offered by Representative Brooks of the 34th, was read:

A BILL

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges; to provide for limited voting; to provide for nonpartisan, plurality elections; to provide for qualification of candidates; to provide for the time and method of election and related practices and procedures; to provide for registration of voters; to provide for the number of judgeships for each circuit and the number of votes to be cast by each elector; to provide for other related matters; to provide for effectiveness and an effective date to be conditioned upon ratification of a certain constitutional amendment; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, is amended by striking the Code section in its entirety and inserting in its place a new Code section to read as follows:
"15-6-2. The number of superior court judgeships for each of the judicial circuits shall be as shown in the following table. Each elector in each judicial circuit shall in the nonpartisan superior court judges' election vote for the number of candidates shown in the following table.

Number of

Number of

Votes Cast by

Judicial Circuit

Judgeships

Each Elector

Alapaha Circuit...............................................2 ...................................................................1

Alcovy Circuit.................................................2 ...................................................................1

Appalachian Circuit .......................................2 ...................................................................1

Atlanta Circuit..............................................l3 ...................................................................7

Atlantic Circuit...............................................4 ...................................................................2

Augusta Circuit...............................................5 ...................................................................2

Blue Ridge Circuit .........................................2 ...................................................................1

Brunswick Circuit...........................................4 ...................................................................2

Chattahoochee Circuit ...................................5 ...................................................................2

Cherokee Circuit.............................................3 ...................................................................1

Clayton Circuit...............................................4 ...................................................................1

Cobb Circuit....................................................? ...................................................................1

Conasauga Circuit ..........................................3 ...................................................................1

Cordele Circuit................................................2 ...................................................................1

Coweta Circuit................................................3 ...................................................................1

Dougherty Circuit...........................................2 ...................................................................1

Douglas Circuit...............................................2 ...................................................................1

MONDAY, FEBRUARY 26, 1990

1739

Dublin Circuit.................................................2 ...................................................................1 Eastern Circuit ...............................................5 ...................................................................2 Flint Circuit ....................................................2 ...................................................................1 Griffin Circuit.................................................3 ...................................................................1 Gwinnett Circuit.............................................5 ...................................................................1 Houston Circuit ..............................................2 ...................................................................1 Lookout Mountain Circuit............................3 ...................................................................1 Macon Circuit .................................................4 ..................................................................2 Middle Circuit ................................................2 ...................................................................1 Mountain Circuit............................................2 ...................................................................1 Northeastern Circuit......................................3 ...................................................................1 Northern Circuit.............................................2 ...................................................................1 Ocmulgee Circuit............................................3 ...................................................................2 Oconee Circuit ................................................2 ...................................................................1 Ogeechee Circuit.............................................2 ...................................................................1 Pataula Circuit................................................2 ...................................................................1 Piedmont Circuit............................................2 ...................................................................1 Rockdale Circuit.............................................! ...................................................................1 Rome Circuit...................................................3 ...................................................................1 South Georgia Circuit....................................2 ...................................................................1 Southern Circuit.............................................4 ...................................................................2 Southwestern Circuit.....................................2 ...................................................................1 Stone Mountain Circuit ................................9 ...................................................................3 Tallapoosa Circuit..........................................2 ...................................................................1 Tifton Circuit..................................................2 ...................................................................1 Toombs Circuit...............................................2 ...................................................................1 Waycross Circuit ............................................3 ...................................................................1 Western Circuit ..............................................2 .................................................................1"
Section 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by striking Code Section 21-2-9, relating to date of election of certain officers, and inserting in its place a new Code section to read as follows:
"21-2-9. The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges ef the superior courts, district attorneys, members of the General Assembly, and county officers shall be elected in the November election next preceding the expiration of the term of office."
Section 3. Said chapter is further amended by striking Code Section 21-2-130, relating to procedures for qualification of candidates, and inserting in its place a new Code section to read as follows:
"21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nomi-
nee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
(3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;
(4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party;
(5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively;

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(6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132;
(7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; e
(8) Nomination in a nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138r ; or
(9) Candidacy in a nonpartisan superior court judges' election."
Section 4. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 21-2-131, relating to qualifying fees, and inserting in its place a new paragraph to read as follows:
"(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election or nonpartisan superior court judges' election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;".
Section 5. Said chapter is further amended by striking subsections (b) and (b.l) of Code Section 21-2-132, relating to qualifying, and inserting in their place new subsections to read as follows:
"(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a aupcrior court, Judge of the Court of Appeals, or Justice of the Supreme Court and all candidates seeking election in the nonpartisan superior court judges' election shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary or election ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary or election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge ef the superior court, Judge of the Court of Appeals; or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of superior court judge, or his agent, desiring to have his name placed on the nonpartisan election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
{2} (3) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April."

MONDAY, FEBRUARY 26, 1990

1741

Section 6. Said chapter is further amended by striking paragraph (4) of subsection (d) of said Code Section 21-2-132 and inserting in its place a new paragraph to describe a class of candidates for whom nomination petitions are not required and to read as follows:
"(4) A candidate seeking election to the office of judge of a state court, judge of superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonopra"r.tisan primary; or a candidate seeking election to the office of superior court judge;

Section 7. Said chapter is further amended by striking subsection (b) of Code Section 21-2-135, relating to designation of the specific office sought by a candidate, and inserting in its place new subsections (b) and (c) to read as follows:
"(b) In the case of the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections.
(c) This Code section shall not apply with respect to candidates for election to the office of superior court judge."
Section 8. Said chapter is further amended by striking Code Section 21-2-136, relating to restriction of the number of offices sought by a candidate, and inserting in its place a new Code section to read as follows:
"21-2-136. (a) No person shall be nominated, nor shall any person be a candidate in a primary or election, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, judge of the probate court, clerk of the superior court, tax commissioner, tax collector, sheriff, judge ef the superior court, county treasurer, county school superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly.
(b) No superior court judge-elect or person who is a candidate for the office of superior court judge shall in the same year be a candidate in a primary or election for any office referred to in subsection (a) of this Code section."
Section 9. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan judicial primaries and elections, and inserting in its place a new Code Section to read as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge ef a superior court, Judge of the Court of Appeals^ or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary to be held and conducted jointly with the general primary in each even-numbered year. The names of candidates nominated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan judicial candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and

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21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections."
Section 10. Said chapter is further amended by adding, immediately after Code Section 21-2-138, a new Code Section 21-2-138.1 to read as follows:
"21-2-138.1. (a) The provisions of this Code section shall, with respect to the election of superior court judges, control over any other conflicting provision of law.
(b) The term of office of each superior court judge who is in office on December 31, 1992, shall terminate as of Midnight on December 31, 1992. A successor to each such superior court judge shall be elected in 1992 and quadrennially thereafter at the superior court judges' election provided for in this Code section; and each superior court judge so elected shall take office on the first day of January next following his or her election for a term of four years. All superior court judges shall, however, serve until their successors are elected and qualified.
(c) In 1992 and quadrennially thereafter a superior court judges' election shall be held and conducted jointly with the general primary. Such election shall be a nonpartisan election; and no candidates for the office of superior court judge shall be nominated by a political party or by petition as candidates of a political body or as independent candidates.
(d) In the nonpartisan superior court judges' election, candidates for such office shall have their names placed on the nonpartisan portion of each political party's ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan candidates for superior court judge for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in the nonpartisan election as provided in Code Section 21-2-284.1.
(e) In the nonpartisan superior court judges' election, no candidate in a multi-judge superior court circuit shall in any manner designate a particular post for which he is running. In each superior court circuit, the number of judges elected shall be as fixed in Code Section 15-6-2. In each superior court circuit, each elector shall cast his or her vote for the number of candidates fixed in Code Section 15-6-2. If an elector votes for more than the number of candidates allowed by Code Section 15-6-2, then all of his or her votes for candidates for superior court judge shall be void and shall not be counted; but if an elector votes for fewer than the number of candidates allowed by Code Section 15-6-2, then all his or her votes for candidates for superior court judge shall be valid and shall be counted.
(f) (1) (A) There shall be no majority vote requirement for election to the office of superior court judge. In each judicial circuit the candidates shall be ranked according to the number of votes received, with the candidate receiving the higher number of votes having the lower rank, so that the candidate receiving the highest number of votes shall be ranked No. 1, the candidate receiving the next highest number of votes shall be ranked No. 2, and other candidates shall be ranked in the same manner according to descending numbers of votes received. Those candidates whose rank is represented by a number equal to or lower than the number of judgeships to be filled in each circuit shall be elected as the judges for that circuit. (B) As an illustration of the provisions of subparagraph (A) of this paragraph: (i) in a circuit having one judgeship, the top vote getter shall be elected; (ii) in a circuit having two judgeships, the top two vote getters shall be elected; and (iii) in a circuit having (X) number of judgeships, the top (X) number of vote getters shall be elected.

MONDAY, FEBRUARY 26, 1990

1745

(2) (A) There shall be no run-off elections for superior court judgeships except in a case where: (i) there is an exact tie in the number of votes received by two or more candidates; and (ii) such tied candidates are, according to the ranking system of this subsection, tied for election to a number of judgeships which is less than the number of tied candidates. In all other cases ties shall be disregarded and the tied candidates shall be ranked arbitrarily.
(B) As illustrations of the provisions of subparagraph (A) of this paragraph: (i) In a circuit with three judgeships and two candidates exactly tied for
the No. 2 ranking, the tie shall be disregarded, the tied candidates shall be arbitrarily ranked as No. 2 and No. 3, and both tied candidates shall be elected;
(ii) In a circuit with three judgeships and two or more candidates tied for a ranking of No. 4 or higher, the tie shall be disregarded, the tied candidates shall be ranked arbitrarily as among themselves, and none of the tied candidates shall be elected;
(iii) In a circuit with three judgeships and two or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates for the No. 3 ranking and the candidate winning the runoff shall be elected; and
(iv) In a circuit with four judgeships and three or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates and the two top vote getters in the runoff shall be elected. (C) Any run-off election shall be conducted in the same manner as the original election, except that each elector of the circuit shall cast his vote for one candidate, (g) Except as otherwise specified in this Code section, the procedures to be employed in conducting the nonpartisan election of superior court judges shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."
Section 11. Said chapter is further amended by striking subsection (b) of Code Section 21-2-150, relating to dates of primaries, and inserting in its place a new subsection to read as follows:
"(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge ef the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section."
Section 12. Said chapter is further amended by striking subsection (b) of Code Section 21-2-151, relating to authorization for primaries, and inserting in its place a new subsection to read as follows:
"(b) Candidates for the office of judge of the state courts, judge ef the superior courts, Judge of the Court of Appeals, or Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates' names will be listed on the ballot."
Section 13. Said chapter is further amended by adding at the end of Code Section 21-2-155, relating to reopening of qualification, a new subsection (c) to read as follows:
"(c) In the event of the death of a candidate prior to the date of a nonpartisan superior court judges' election, the Secretary of State shall reopen qualifications for a period of not less than one nor more than three days."
Section 14. Said chapter is further amended by striking subsection (a) of Code Section 21-2-227, relating to registration for primaries and elections other than November elections, and inserting in its place a new subsection to read as follows:
"(a) If any person whose name is not on such registration list desires to vote at any general primary or any nonpartisan superior court judges' election or any general election other than a November general election, he shall, 30 days prior to the primary or

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election at which he desires to vote, apply to be registered as an elector; and his application shall be processed in the same manner as the application of persons qualifying to vote in a November general election."
Section 15. Said chapter is further amended by striking Code Section 21-2-284.1, relating to nonpartisan primary ballots for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-284.1. (a) The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed next to last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (^) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be
indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by
each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest
numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this subsection. If no political party runoff is required, the form of the
ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan pri-
maries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on
the nonpartisan election ballot, and such person may be referred to as the nominee for
such office or as the candidate nominated for such office. (b) The names of all candidates seeking election in the nonpartisan election for the
office of superior court judge shall be printed on the ballot of each political party; and insofar as practicable such offices shall be separated from the names of the primary can-
didates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan election for superior court judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BAL-
LOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (^) mark in the square opposite the name of each nonpartisan can-
didate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for
which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for the office of superior court judge. The incumbency of a nonpartisan candidate seeking nomination
for the public office he then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine
the total number of votes received by each candidate in the nonpartisan election."

MONDAY, FEBRUARY 26, 1990

1745

Section 16. Said chapter is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-285.1. The names of all candidates nominated in the nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (f) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a runoff ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
Section 17. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 21-2-325, relating to form of ballot labels on voting machines, and inserting in their place new subsections to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) (1) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285.

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(2) In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.'
(3) For nonpartisan superior court judges' elections, the ballot labels shall include a separate portion for the names of candidates seeking election to the office of superior court judge and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination and election in a nonpartisan primary for state and county judicial offices and nonpartisan election, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination and election in a nonpartisan primary and election for state and county judicial offices shall appear on all machines."
Section 18. Said chapter is further amended by striking subsection (a) of Code Section 21-2-501, relating to election by majority vote, and inserting in its place a new subsection to read as follows:
"(a) Except as otherwise provided in this Code section and Code Section 21-2-138.1, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such office which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election, provided that unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off primary or run-off election shall be a continuation of the primary or election for the particular office concerned, and only the electors who were entitled to vote in the primary or election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff primary or run-off election shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235."

Section 19. This Act shall become effective only if there is ratified at the 1990 general election a constitutional amendment which by its terms authorizes the General Assembly to shorten the terms of certain superior court judges so as to change the method of

MONDAY, FEBRUARY 26, 1990

1747

election of superior court judges. If such a constitutional amendment is so ratified this Act shall become effective January 1, 1991, and otherwise this Act shall not take effect.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams Y Aiken N Alford Y Alien
N Athon N Atkins N Bailey Y Baker N Balkcom N Bannister
Barfoot N Bargeron N Barnett,B Y Barnett.M N Bates NBeck N Benefield
Benn N Birdsong Y Bishop
Bostick N Branch N Breedlove Y Brooks
Brown NBuck
N Buford NByrd N Campbell N Carrell
N Carter N Chambless
Chance Cheeks

N Childers Y Clark,B
Y Clark.H N Clark.L N Coleman N Colwell
N Connell E Couch N Crawford N Crosby N Cummings,B Y Cummings.M
N Davis.C Y Davis.G N Davis.M N Dixon,H N Dixon.S N Dobbs N Dover N Dunn N Edwards N Ehrhart
Felton N Fennel
N Floyd,J.M N Floyd,J.W N Foster N Godbee Y Goodwin N Green
N Greene N Gresham N Griffin N Groover N Hamilton N Hanner

N Harris
N Hasty
N Heard N Herbert N Holcomb
Holland
Y Holmes Hooks
N Howren N Hudson N Irwin N Isakson
N Jackson,J N Jackson, W N Jamieson N Jenkins Y Johnson N Jones
N Kilgore N Kingston
Lane,D N Lane,R N Langford N Lawrence
N Lawson NLee Y Linder
NLong Lord
Y Lucas
Y Lupton Mangum
Y Martin
N McCoy N McDonald N McKelvey

Y McKinney.B
Y McKinney.C N Meadows NMilam Y Mobley
N Moody NMorton N Moultrie N Mueller N Oliver.C N Oliver,M YOrr
Y Orrock N Padgett N Pannell NParham N Parrish
Patten
Pettit N Pinkston YPoag N Porter N Poston N Powell
YRandall N Ransom YRay N Reaves Y Redding N Richardson N Ricketson N Robinson N Royal
Selman Simpson Y Sinkfield

N Smith.L N Smith.P
Smith/I N Smith, W Y Smyre NSnow N Stancil,F N Stancil,S
Y Stanley NSteele N Stephens N Streat
Teper N Thomas.C Y Thomas,M N Thompson Y Thurmond N Titus
N Tolbert Y Townsend NTwiggs N Vaughan N Waddle Y Walker.C N Walker,L N Wall
Ware N Watson
N Watts Y White Y Wilder
N Williams,B Williams,J
N Yates N Yeargin
Murphy.Spkr

On the adoption of the Floor substitute, the ayes were 37, nays 121. The Floor substitute was lost.

Representative McKinney of the 35th moved that HB 1946 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy N Adams Y Aiken N Alford Y Alien N Athon
N Atkins N Bailey N Baker N Balkcom Y Bannister
Barfoot N Bargeron N Bainett,B Y Barnett,M N Bates
NBeck

N Benefield
Benn
N Birdsong Bishop Bostick
N Branch
N Breedlove Y Brooks
Brown
NBuck N Buford NByrd
N Campbell N Carrell
N Carter N Chambless
Chance Cheeks

N Childers
Y Clark.B
N Clark.H N Clark,L N Coleman N Colwell
N Connell E Couch N Crawford
N Crosby N Cummings,B Y Cummings.M
N Davis.C Y Davis.G N Davis.M
Dkon.H N Dixon,S N Dobbs

N Dover
N Dunn N Edwards N Ehrhart
Felton N Fennel N Floyd,J.M N Floyd,J.W
N Foster N Godbee Y Goodwin N Green N Greene
N Gresham N Griffin N Groover N Hamilton N Hanner

N Harris
N Hasty N Heard N Herbert N Holcomb
Holland Y Holmes
Hooks N Howren N Hudson N Irwin N Isakson
N Jackson,J N Jackson.W N Jamieson N Jenkins Y Johnson N Jones

1748

JOURNAL OF THE HOUSE,

N Kilgore N Kingston
Lane.D N Lane.R N Langford N Lawrence N Lawson NLee N Linder NLong
Lord Y Lucas
Lupton Mangum N Martin N McCoy N McDonald N McKelvey

Y McKinney,B
Y McKinney.C
N Meadows N Milam Y Mobley N Moody Y Morton N Moultrie N Mueller N Oliver.C N Oliver.M NOrr
N Orrock
N Padgett Y Pannell N Parham N Parrish
Patten

Pettit
N Pinkston NPoag
N Porter
N Poston N Powell YRandall N Ransom NRay N Reaves Y Redding N Richardson N Ricketson N Robinson N Royal
Y Selman Simpson
Y Sinkfield

N Smith,L
N Smith,P N Smith.T
N Smith.W YSmyre NSnow N Stancil.F N Stancil.S Y Stanley N Steele N Stephens N Streat
Teper N Thomas,C Y Thomas,M
N Thompson Y Thurmond
N Titus

N Tolbert N Townsend N Twiggs
N Vaughan N Waddle Y Walker.C N Walker,L N Wall
Ware
N Watson N Watts Y White Y Wilder N Williams,B
Williams,J N Yates N Yeargin
Murphy,Spkr

On the motion, the ayes were 30, nays 127. The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien N Athon
Y Atkins Y Bailey Y Baker Y Balkcom N Bannister
Barfoot Bargeron Y Barnett,B N Barnett.M Y Bates YBeck Y Benefield Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Cheeks

Y Childers
N Clark.B
Y Clark.H Y Clark.L Y Coleman
Y Colwell
Y Connell E Couch Y Crawford Y Crosby Y Cummings,B N Cummings.M Y Davis,C N Davis.G Y Davis.M N Dixon.H Y Dixon.S
N Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel
Y Floyd,J.M Y Fioyd,J.W Y Foster NGodbee N Goodwin Y Green
Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Y Banner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Hooks
Y Howren Y Hudson
Ylrwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins
N Johnson
Y Jones Y Kilgore Y Kingston
Lane.D N Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong
Lord N Lucas
Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

N McKinney.B
N McKinney.C Y Meadows Y Milam
Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
YOrrock Y Padgett Y Pannell YParham
Y Parrish
Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson N Sinkfield

Y Smith.L
Y Smith.P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil.F
Y Stancil.S N Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C N Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert N Townsend Y Twiggs
Y Vaughan Y Waddle N Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts N White Y Wilder Y Williams.B
Williams.J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 141, nays 23. The Bill, having received the requisite constitutional majority, was passed.

Representative Barfoot of the 120th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

MONDAY, FEBRUARY 26, 1990

1749

H

HB 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the

|

78th:

A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno-
tated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit.

The following substitute, offered by Representative McKinney of the 35th, was read:

:

A BILL

To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-member districts in the judicial circuits; to provide for nonpartisan elections and terms of office; to provide for residency requirements for superior court judges; to provide for the election of a superior court judge by the electors of the single-member district in which the judge is to serve; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Anno-

tated, relating to superior courts in general, is amended by striking Code Section 15-6-2,

which reads as follows:

"15-6-2. The number of judges for each of the superior courts for each of the judicial

'

circuits shall be as follows:

(1) Alapaha Circuit..................................................................................................... 2

(2) Alcovy Circuit........................................................................................................ 2

(2.1) Appalachian Circuit........................................................................................... 2

(3) Atlanta Circuit.................................................................................................... 13

(4) Atlantic Circuit..................................................................................................... 4

(5) Augusta Circuit..................................................................................................... 5

(6) Blue Ridge Circuit................................................................................................ 2

(7) Brunswick Circuit................................................................................................. 4

(8) Chattahoochee Circuit.......................................................................................... 5

(9) Cherokee Circuit................................................................................................... 3

(10) Clayton Circuit...................................................................................................... 4

(11) Cobb Circuit.......................................................................................................... 7

(12) Conasauga Circuit................................................................................................. 3

(13) Cordele Circuit...................................................................................................... 2

(14) Coweta Circuit...................................................................................................... 3

(15) Dougherty Circuit................................................................................................. 2

(15.1) Douglas Circuit................................................................................................. 2

(16) Dublin Circuit....................................................................................................... 2

(17) Eastern Circuit...................................................................................................... 5

(18) Flint Circuit........................................................................................................... 2

(19) Griffin Circuit....................................................................................................... 3

(20) Gwinnett Circuit................................................................................................... 5

(21) Houston Circuit.................................................................................................... 2

(22) Lookout Mountain Circuit.................................................................................. 3

(23) Macon Circuit....................................................................................................... 4

(24) Middle Circuit....................................................................................................... 2

(25) Mountain Circuit.................................................................................................. 2

;

(26) Northeastern Circuit............................................................................................ 3

;

(27) Northern Circuit................................................................................................... 2

(28) Ocmulgee Circuit.................................................................................................. 3

(29) Oconee Circuit....................................................................................................... 2

(30) Ogeechee Circuit................................................................................................... 2

(31) Pataula Circuit...................................................................................................... 2

1750

JOURNAL OF THE HOUSE,

(32) Piedmont Circuit.................................................................................................. 2

(32.1) Rockdale Circuit.............................................................................................. 1

(33) Rome Circuit......................................................................................................... 3

(34) South Georgia Circuit.......................................................................................... 2

(35) Southern Circuit................................................................................................... 4

(36) Southwestern Circuit........................................................................................... 2

(37) Stone Mountain Circuit....................................................................................... 9

(38) Tallapoosa Circuit................................................................................................ 2

(39) Tifton Circuit........................................................................................................ 2

(40) Toombs Circuit..................................................................................................... 2

(41) Waycross Circuit................................................................................................... 3

(42) Western Circuit........................................................................................................ 2",

in its entirety and inserting in lieu thereof a new Code Section 15-6-2 to read as follows:

"15-6-2. (a) The judges of the superior courts for each of the judicial circuits shall

be elected on a nonpartisan basis for a term of four years from single-member districts.

For the purpose of electing such judges, each judicial circuit shall be divided into elec-

tion districts as follows:

(1) Alapaha Circuit

District 1

(To be inserted)

District 2

(2) Alcovy Circuit District 1 District 2

(3) Appalachian Circuit District 1 District 2

(4) Atlanta Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13

(5) Atlantic Circuit District 1 District 2 District 3 District 4

(6) Augusta Circuit District 1 District 2 District 3 District 4 District 5

(7) Blue Ridge Circuit District 1 District 2

MONDAY, FEBRUARY 26, 1990

1751

(8) Brunswick Circuit District 1 District 2 District 3 District 4
(9) Chattahoochee Circuit District 1 District 2 District 3 District 4 District 5
(10) Cherokee Circuit District 1 District 2 District 3
(11) Clayton Circuit District 1 District 2 District 3 District 4
(12) Cobb Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7
(13) Conasauga Circuit District 1 District 2 District 3
(14) Cordele Circuit District 1 District 2
(15) Coweta Circuit District 1 District 2 District 3
(16) Dougherty Circuit District 1 District 2
(17) Douglas Circuit District 1 District 2
(18) Dublin Circuit District 1 District 2

1752

JOURNAL OF THE HOUSE,

(19) Eastern Circuit District 1 District 2 District 3 District 4 District 5
(20) Flint Circuit District 1 District 2
(21) Griffin Circuit District 1 District 2 District 3
(22) Gwinnett Circuit District 1 District 2 District 3 District 4 District 5
(23) Houston Circuit District 1 District 2
(24) Lookout Mountain Circuit District 1 District 2 District 3
(25) Macon Circuit District 1 District 2 District 3 District 4
(26) Middle Circuit District 1 District 2
(27) Mountain Circuit District 1 District 2
(28) Northeastern Circuit District 1 District 2 District 3
(29) Northern Circuit District 1 District 2
(30) Ocmulgee Circuit District 1 District 2 District 3
(31) Oconee Circuit District 1 District 2

MONDAY, FEBRUARY 26, 1990

1753

(32) Ogeechee Circuit District 1 District 2
(33) Pataula Circuit District 1 District 2
(34) Piedmont Circuit District 1 District 2
(35) Rockdale Circuit District 1
(36) Rome Circuit District 1 District 2 District 3
(37) South Georgia Circuit District 1 District 2
(38) Southern Circuit District 1 District 2 District 3 District 4
(39) Southwestern Circuit District 1 District 2
(40) Stone Mountain Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9
(41) Tallapoosa Circuit District 1 District 2
(42) Tifton Circuit District 1 District 2
(43) Toombs Circuit District 1 District 2
(44) Waycross Circuit District 1 District 2 District 3

1754

JOURNAL OF THE HOUSE,

(45) Western Circuit District 1 District 2
(b) At the time of his election, a judge must be a resident of the circuit in which he is to serve. Each judge shall be elected only by the voters of his judicial district.
(c) The first judges elected pursuant to this Code section shall be those who are elected at the November, 1990, general election to take office on the first day of January, 1991. The remaining judges whose terms of office normally expire on December 31, 1992, shall remain in office until the normal expiration of their terms and until their successors are elected and qualified pursuant to this Code section and shall continue to serve in the judicial circuits from which elected. The provisions of this Code section shall be effective for the nonpartisan primary and general elections of 1990 for the purpose of electing judges in 1990 who are to take office in 1991 and for the nonpartisan primary and general elections of 1992 for the purpose of electing judges in 1992 who are to take office in 1993. Successors to those judges elected in 1990 and successors to the judges elected in 1992 shall likewise be elected under this Code section.
(d) For the purposes of this Code section: (1) The terms 'Census County Division,' 'Tract,' 'Census Tract,' 'Block Group,' and
'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any judicial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (e) Any part of the State of Georgia which is not included in any judicial district described in this Code section shall be included within that judicial district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 15-6-4.1 in its entirety and inserting in lieu thereof a new Code Section 15-6-4.1 to read as follows:
"15-6-4.1. Each judge of the superior courts shall be elected by the electors of the judicial ewetrit single-member district in which the judge is to serve."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams N Aiken N Alford Y Alien N Athon
N Atkins N Bailey N Baker
N Balkcpm N Bannister N Barfoot
Bargeron N Barnett,B Y Barnett,M N Bates NBeck N Benefield
Benn N Birdsong Y Bishop
Bostick N Branch N Breedlove

Y Brooks
Brown NBuck
N Buford NByrd N Campbell
Carrell N Carter N Chambless
N Chance Cheeks
N Childers Y Clark,B N Clark.H N Clark.L N Coleman
N Colwell N Connell E Couch N Crawford N Crosby N Cummings.B
Y Cummings,M N Davis.C Y Davis.G

N Davis.M Dixon.H Diion,S
Dobbs N Dover N Dunn N Edwards N Ehrhart
Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster NGodbee YGoodwin N Green
Greene N Gresham N Griffin N Groover N Hamilton
Manner
N Harris N Hasty N Heard

Herbert
N Holcomb Holland
Y Holmes
Hooks N Howren N Hudson Nlrwin N Isakson
N Jackson,J N Jackson,W N Jamieson N Jenkins Y Johnson N Jones N Kilgore
N Kingston Lane.D
N Lane,R N Langford N Lawrence N Lawson
NLee Y Linder N Long

NLord Lucas Lupton Mangum
N Martin N McCoy
McDonald N McKelvey Y McKinney,B
Y McKinney.C N Meadows NMilam
N Mobley Y Moody Y Morton N Moultrie N Mueller
N Oliver.C N Oliver.M YOrr YOrrock
N Padgett N Pannell NParham N Parrish

MONDAY, FEBRUARY 26, 1990

1755

N Patten
Pettit N Pinkston N Poag
Porter N Poston
Y Powell YRandall N Ransom
Ray N Reaves

Redding
N Richardson N Rkketson N Robinson N Royal N Selman
N Simpson Y Sinkfield N Smith,L N Smith,P
Smith/I

N Smith,W
Y Smyre N Snow N Stancil,F N Stancil,S Y Stanley
N Steele N Stephens
Streat N Teper N Thomas.C

Y Thomas,M
^Thompson 'Y Thurmond N Titus N Tolbert
Townsend
Twiggs N Vaughan N Waddle Y Walker.C N Walker,L

N Wall
Ware N Watson N Watts Y White Y Wilder
N Williams.B WiUiams^J
N Yates N Yeargin
Murphy,Spkr

On the adoption of the Floor substitute, the ayes were 29, nays 119. The Floor substitute was lost.

The following substitute, offered by Representative Brooks of the 34th, was read:

A BILL

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges; to provide for limited voting; to provide for nonpartisan, plurality elections; to provide for qualification of candidates; to provide for the time and method of election and related practices and procedures; to provide for registration of voters; to provide for the number of judgeships for each circuit and the number of votes to be cast by each elector; to provide for other related matters; to provide for effectiveness and an effective date to be conditioned upon ratification of a certain constitutional amendment; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, is amended by striking the Code section in its entirety and inserting in its place a new Code section to read as follows:
"15-6-2. The number of superior court judgeships for each of the judicial circuits shall be as shown in the following table. Each elector in each judicial circuit shall in the nonpartisan superior court judges' election vote for the number of candidates shown in the following table.

Number of

Number of

Votes Cast by

Judicial Circuit

Judgeships

Each Elector

Alapaha Circuit...............................................2 ...................................................................1

Alcovy Circuit .................................................2 ...................................................................1

Appalachian Circuit .......................................2 ...................................................................1

Atlanta Circuit..............................................l3 ...................................................................7

Atlantic Circuit...............................................4 ...................................................................2

Augusta Circuit...............................................5 ...................................................................2

Blue Ridge Circuit .........................................2 ...................................................................1

Brunswick Circuit...........................................4 ...................................................................2

Chattahoochee Circuit ...................................5 ...................................................................2

Cherokee Circuit.............................................3 ...................................................................1

Clayton Circuit ...............................................4 ...................................................................1

Cobb Circuit....................................................? ...................................................................1

Conasauga Circuit ..........................................3 ...................................................................1

Cordele Circuit................................................2 ...................................................................1

Coweta Circuit ................................................3 ...................................................................1

Dougherty Circuit...........................................2 ...................................................................1

Douglas Circuit ...............................................2 ...................................................................1

1756

JOURNAL OF THE HOUSE,

Dublin Circuit.................................................2 ...................................................................1 Eastern Circuit ...............................................5 ...................................................................2 Flint Circuit ....................................................2 ...................................................................1 Griffin Circuit.................................................3 ...................................................................1 Gwinnett Circuit.............................................5 ...................................................................1 Houston Circuit..............................................2 ...................................................................1 Lookout Mountain Circuit ............................3 ...................................................................1 Macon Circuit.................................................4 ...................................................................2 Middle Circuit ................................................2 ...................................................................1 Mountain Circuit............................................2 ...................................................................1 Northeastern Circuit......................................3 ...................................................................1 Northern Circuit.............................................2 ...................................................................1 Ocmulgee Circuit............................................3 ...................................................................2 Oconee Circuit ................................................2 ...................................................................1 Ogeechee Circuit.............................................2 ...................................................................1 Pataula Circuit................................................2 ...................................................................1 Piedmont Circuit ............................................2 ...................................................................1 Rockdale Circuit.............................................! ...................................................................1 Rome Circuit...................................................3 ...................................................................1 South Georgia Circuit....................................2 ...................................................................1 Southern Circuit.............................................4 ...................................................................2 Southwestern Circuit.....................................2 ...................................................................1 Stone Mountain Circuit ................................9 ...................................................................3 Tallapoosa Circuit..........................................2 ...................................................................1 TiftonCircuit..................................................2 ...................................................................1 Toombs Circuit...............................................2 ...................................................................1 Waycross Circuit ............................................3 ...................................................................1 Western Circuit ..............................................2 .................................................................1"
Section 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by striking Code Section 21-2-9, relating to date of election of certain officers, and inserting in its place a new Code section to read as follows:
"21-2-9. The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges ef the superior courts, district attorneys, members of the General Assembly, and county officers shall be elected in the November election next preceding the expiration of the term of office."
Section 3. Said chapter is further amended by striking Code Section 21-2-130, relating to procedures for qualification of candidates, and inserting in its place a new Code section to read as follows:
"21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nomi-
nee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
(3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;
(4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party;
(5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively;

MONDAY, FEBRUARY 26, 1990

1757

(6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132;
(7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; er
(8) Nomination in a nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138r ] or
(9) Candidacy in a nonpartisan superior court judges' election."
Section 4. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 21-2-131, relating to qualifying fees, and inserting in its place a new paragraph to read as follows:
"(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election or nonpartisan superior court judges' election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;".
Section 5. Said chapter is further amended by striking subsections (b) and (b.l) of Code Section 21-2-132, relating to qualifying, and inserting in their place new subsections to read as follows:
"(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court and all candidates seeking election in the nonpartisan superior court judges' election shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary or election ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary or election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge ef the superior court, Judge of the Court of Appeals^ or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of superior court judge, or his agent, desiring to have his name placed on the nonpartisan election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
{2} (3) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April."

1758

JOURNAL OF THE HOUSE,

Section 6. Said chapter is further amended by striking paragraph (4) of subsection (d) of said Code Section 21-2-132 and inserting in its place a new paragraph to describe a class of candidates for whom nomination petitions are not required and to read as follows:
"(4) A candidate seeking election to the office of judge of a state court, jttdge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpora"r.tisan primary; or a candidate seeking election to the office of superior court judge;

Section 7. Said chapter is further amended by striking subsection (b) of Code Section 21-2-135, relating to designation of the specific office sought by a candidate, and inserting in its place new subsections (b) and (c) to read as follows:
"(b) In the case of the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections.
(c) This Code section shall not apply with respect to candidates for election to the office of superior court judge."
Section 8. Said chapter is further amended by striking Code Section 21-2-136, relating to restriction of the number of offices sought by a candidate, and inserting in its place a new Code section to read as follows:
"21-2-136. (a) No person shall be nominated, nor shall any person be a candidate in a primary or election, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, judge of the probate court, clerk of the superior court, tax commissioner, tax collector, sheriff, judge ef the superior court, county treasurer, county school superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly.
(b) No superior court judge-elect or person who is a candidate for the office of superior court judge shall in the same year be a candidate in a primary or election for any office referred to in subsection (a) of this Code section."
Section 9. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan judicial primaries and elections, and inserting in its place a new Code Section to read as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge ef a superior court, Judge of the Court of Appealsj or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary to be held and conducted jointly with the general primary in each even-numbered year. The names of candidates nominated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan judicial candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and

MONDAY, FEBRUARY 26, 1990

1759

21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, jadges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections."
Section 10. Said chapter is further amended by adding, immediately after Code Section 21-2-138, a new Code Section 21-2-138.1 to read as follows:
"21-2-138.1. (a) The provisions of this Code section shall, with respect to the election of superior court judges, control over any other conflicting provision of law.
(b) The term of office of each superior court judge who is in office on December 31, 1992, shall terminate as of Midnight on December 31, 1992. A successor to each such superior court judge shall be elected in 1992 and quadrennially thereafter at the superior court judges' election provided for in this Code section; and each superior court judge so elected shall take office on the first day of January next following his or her election for a term of four years. All superior court judges shall, however, serve until their successors are elected and qualified.
(c) In 1992 and quadrennially thereafter a superior court judges' election shall be held and conducted jointly with the general primary. Such election shall be a nonpartisan election; and no candidates for the office of superior court judge shall be nominated by a political party or by petition as candidates of a political body or as independent candidates.
(d) In the nonpartisan superior court judges' election, candidates for such office shall have their names placed on the nonpartisan portion of each political party's ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan candidates for superior court judge for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in the nonpartisan election as provided in Code Section 21-2-284.1.
(e) In the nonpartisan superior court judges' election, no candidate in a multi-judge superior court circuit shall in any manner designate a particular post for which he is running. In each superior court circuit, the number of judges elected shall be as fixed in Code Section 15-6-2. In each superior court circuit, each elector shall cast his or her vote for the number of candidates fixed in Code Section 15-6-2. If an elector votes for more than the number of candidates allowed by Code Section 15-6-2, then all of his or her votes for candidates for superior court judge shall be void and shall not be counted; but if an elector votes for fewer than the number of candidates allowed by Code Section 15-6-2, then all his or her votes for candidates for superior court judge shall be valid and shall be counted.
(f) (1) (A) There shall be no majority vote requirement for election to the office of superior court judge. In each judicial circuit the candidates shall be ranked according to the number of votes received, with the candidate receiving the higher number of votes having the lower rank, so that the candidate receiving the highest number of votes shall be ranked No. 1, the candidate receiving the next highest number of votes shall be ranked No. 2, and other candidates shall be ranked in the same manner according to descending numbers of votes received. Those candidates whose rank is represented by a number equal to or lower than the number of judgeships to be filled in each circuit shall be elected as the judges for that circuit.
(B) As an illustration of the provisions of subparagraph (A) of this paragraph: (i) in a circuit having one judgeship, the top vote getter shall be elected; (ii) in a circuit having two judgeships, the top two vote getters shall be elected; and (iii) in a circuit having (X) number of judgeships, the top (X) number of vote getters shall be elected.

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(2) (A) There shall be no run-off elections for superior court judgeships except in a case where: (i) there is an exact tie in the number of votes received by two or more candidates; and (ii) such tied candidates are, according to the ranking system of this subsection, tied for election to a number of judgeships which is less than the number of tied candidates. In all other cases ties shall be disregarded and the tied candidates shall be ranked arbitrarily.
(B) As illustrations of the provisions of subparagraph (A) of this paragraph: (i) In a circuit with three judgeships and two candidates exactly tied for
the No. 2 ranking, the tie shall be disregarded, the tied candidates shall be arbitrarily ranked as No. 2 and No. 3, and both tied candidates shall be elected;
(ii) In a circuit with three judgeships and two or more candidates tied for a ranking of No. 4 or higher, the tie shall be disregarded, the tied candidates shall be ranked arbitrarily as among themselves, and none of the tied candidates shall be elected;
(iii) In a circuit with three judgeships and two or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates for the No. 3 ranking and the candidate winning the runoff shall be elected; and
(iv) In a circuit with four judgeships and three or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates and the two top vote getters in the runoff shall be elected. (C) Any run-off election shall be conducted in the same manner as the original election, except that each elector of the circuit shall cast his vote for one candidate, (g) Except as otherwise specified in this Code section, the procedures to be employed in conducting the nonpartisan election of superior court judges shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."
Section 11. Said chapter is further amended by striking subsection (b) of Code Section 21-2-150, relating to dates of primaries, and inserting in its place a new subsection to read as follows:
"(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge ef the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section."
Section 12. Said chapter is further amended by striking subsection (b) of Code Section 21-2-151, relating to authorization for primaries, and inserting in its place a new subsection to read as follows:
"(b) Candidates for the office of judge of the state courts, judge ef the superior courts, Judge of the Court of Appeals, or Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates' names will be listed on the ballot."
Section 13. Said chapter is further amended by adding at the end of Code Section 21-2-155, relating to reopening of qualification, a new subsection (c) to read as follows:
"(c) In the event of the death of a candidate prior to the date of a nonpartisan superior court judges' election, the Secretary of State shall reopen qualifications for a period of not less than one nor more than three days."
Section 14. Said chapter is further amended by striking subsection (a) of Code Section 21-2-227, relating to registration for primaries and elections other than November elections, and inserting in its place a new subsection to read as follows:
"(a) If any person whose name is not on such registration list desires to vote at any general primary or any nonpartisan superior court judges' election or any general election other than a November general election, he shall, 30 days prior to the primary or

MONDAY, FEBRUARY 26, 1990

1761

election at which he desires to vote, apply to be registered as an elector; and his application shall be processed in the same manner as the application of persons qualifying to vote in a November general election."
Section 15. Said chapter is further amended by striking Code Section 21-2-284.1, relating to nonpartisan primary ballots for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-284.1. (a) The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed next to last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (^) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be
indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all politi-
cal party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such non-
partisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest
numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion
as prescribed in this subsection. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan pri-
maries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on
the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office.
(b) The names of all candidates seeking election in the nonpartisan election for the office of superior court judge shall be printed on the ballot of each political party; and insofar as practicable such offices shall be separated from the names of the primary can-
didates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan election for superior court judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BAL-
LOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (^) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for
a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for
which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for the office
of superior court judge. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word
'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each non-
partisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan election."

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Section 16. Said chapter is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-285.1. The names of all candidates nominated in the nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NON-
PARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check ( ) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a per-
son whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a runoff ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
Section 17. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 21-2-325, relating to form of ballot labels on voting machines, and inserting in their place new subsections to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) (1) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285.

MONDAY, FEBRUARY 26, 1990

1763

(2) In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.'
(3) For nonpartisan superior court judges' elections, the ballot labels shall include a separate portion for the names of candidates seeking election to the office of superior court judge and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination and election in a nonpartisan primary for state and county judicial offices and nonpartisan election, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination and election in a nonpartisan primary and election for state and county judicial offices shall appear on all machines."
Section 18. Said chapter is further amended by striking subsection (a) of Code Section 21-2-501, relating to election by majority vote, and inserting in its place a new subsection to read as follows:
"(a) Except as otherwise provided in this Code section and Code Section 21-2-138.1, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such office which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election, provided that unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off primary or run-off election shall be a continuation of the primary or election for the particular office concerned, and only the electors who were entitled to vote in the primary or election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff primary or run-off election shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235."

Section 19. This Act shall become effective only if there is ratified at the 1990 general election a constitutional amendment which by its terms authorizes the General Assembly to shorten the terms of certain superior court judges so as to change the method of

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JOURNAL OF THE HOUSE,

election of superior court judges. If such a constitutional amendment is so ratified this Act shall become effective January 1, 1991, and otherwise this Act shall not take effect.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy N Adams Y Aiken
Alford Y Alien N Athon N Atkins N Bailey N Baker
Balkcom N Bannister N Barfoot
Bargeron N Barnett.B Y Barnett,M N Bates NBeck N Benefield
Benn N Birdsong Y Bishop
Bostick N Branch N Breedlove Y Brooks
Brown Buck N Buford NByrd N Campbell Carrell N Carter N Chambless N Chance Cheeks

N Childers
Y Clark.B Y Clark.H
Clark,L Coleman N Colwell N Connell E Couch N Crawford
N Crosby N Cummings.B Y Cummings.M N Davis.C Y Davis.G N Davis.M
Dixon.H N Dixon,S
Dobbs N Dover N Dunn N Edwards
N Ehrhart Felton
N Fennel N Floyd,J.M N Floyd,J.W N Foster
N Godbee YGoodwin N Green
Greene Gresham N Griffin
N Groover N Hamilton
N Hanner

N Harris
N Hasty N Heard N Herbert N Holcomb
Holland Y Holmes
Hooks N Howren
Hudson N Irwin N Isakson N Jackson,J N Jackson.W N Jamieson N Jenkins Y Johnson N Jones N Kilgore N Kingston
Lane.D N Lane.R N Langford N Lawrence N Lawson NLee Y Under
N Long Lord
Y Lucas Lupton Mangum
Y Martin
NMcCoy McDonald
N McKelvey

Y McKinney,B Y McKinney.C
N Meadows NMilam Y Mobley N Moody NMorton
Moultrie N MueUer N Oliver.C N Oliver.M YOrr Y Orrock N Padgett N Pannell
Par ham Parrish N Patten Pettit N Pinkston
NPoag Porter Poston
N Powell YRandall N Ransom YRay N Reaves
Redding N Richardson N Ricketson N Robinson
N Royal NSelman N Simpson Y Sinkfield

N Smith,L N Smith,P
Smith,T
N Smith.W YSmyre NSnow N Stancil.F N Stancil.S Y Stanley
NSteele N Stephens
Streat NTeper N Thomas.C Y Thomas.M
N Thompson Y Thurmond N Titus N Tolbert Y Townsend
Twiggs N Vaughan N Waddle Y Walker.C N Walker,L N Wall
Ware
N Watson N Watts Y White Y Wilder N Williams,B
Williams,J
N Yates N Yeargin
Murphy,Spkr

On the adoption of the Floor substitute, the ayes were 33, nays 109. The Floor substitute, was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Aaron
Y Abernathy Y Adams Y Aiken Y Alford
Y Alien N Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates

YBeck
Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks
Brown Buck
Y Buford YByrd Y Campbell
Carrell
Y Carter Y Chamblesa

Y Chance
Cheeks Y Childers N Clark.B Y Clark.H
Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B N Cummings.M Y Davis.C N Davis.G N Davis.M

Dixon.H
Y Dixon,S Dobbs
Y Dover Y Dunn
Y Edwards Y Ehrhart
Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster N Godbee Y Goodwin Y Green
Greene Y Gresham

Y Griffin
Y Groover Y Hamilton Y Hanner
Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J

MONDAY, FEBRUARY 26, 1990

1765

Y Jackson, W
YJamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D Y Lane.R
YLangford Y Lawrence YLawson Y Lee Y Linder Y Long
Lord Y Lucas
Lupton Mangum

Y Martin
Y McCoy McDonald
Y McKelvey N McKinney.B N McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Mortal Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell

Y Parham
Y Parrish Y Patten
Pettit Y Pinkston Y Poag
Porter Y Postal Y Powell
Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman

Y Simpson
N Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil,F
Y Stancil,S N Stanley Y Steele
Stephens Streat Y Teper Y Thomas,C N Thomas.M Y Thompson Y Thurmond

Y Titus
Y Tolbert Townsend
Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts N White Y Wilder Y Williams,B
WiUiams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 138, nays 14. The Bill, having received the requisite constitutional majority, was passed.

HB 1574.

By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Ransom of the 90th and Walker of the 85th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to six the number of judges for the Augusta Judicial Circuit.

The following substitute, offered by Representative McKinney of the 35th, was read:

A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-member districts in the judicial circuits; to provide for nonpartisan elections and terms of office; to provide for residency requirements for superior court judges; to provide for the election of a superior court judge by the electors of the single-member district in which the judge is to serve; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-2, which reads as follows:
"15-6-2. The number of judges for each of the superior courts for each of the judicial circuits shall be as follows:
(1) Alapaha Circuit..................................................................................................... 2 (2) Alcovy Circuit........................................................................................................ 2 (2.1) Appalachian Circuit........................................................................................... 2 (3) Atlanta Circuit.................................................................................................... 13 (4) Atlantic Circuit..................................................................................................... 4 (5) Augusta Circuit..................................................................................................... 5 (6) Blue Ridge Circuit................................................................................................ 2 (7) Brunswick Circuit................................................................................................. 4 (8) Chattahoochee Circuit.......................................................................................... 5 (9) Cherokee Circuit................................................................................................... 3 (10) Clayton Circuit...................................................................................................... 4 (11) Cobb Circuit.......................................................................................................... 7 (12) Conasauga Circuit................................................................................................. 3 (13) Cordele Circuit...................................................................................................... 2

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(14) Coweta Circuit...................................................................................................... 3

(15) Dougherty Circuit................................................................................................. 2

(15.1) Douglas Circuit................................................................................................. 2

(16) Dublin Circuit....................................................................................................... 2

(17) Eastern Circuit...................................................................................................... 5

(18) Flint Circuit........................................................................................................... 2

(19) Griffin Circuit....................................................................................................... 3

(20) Gwinnett Circuit................................................................................................... 5

(21) Houston Circuit.................................................................................................... 2

(22) Lookout Mountain Circuit.................................................................................. 3

(23) Macon Circuit....................................................................................................... 4

(24) Middle Circuit....................................................................................................... 2

(25) Mountain Circuit.................................................................................................. 2

(26) Northeastern Circuit............................................................................................ 3

(27) Northern Circuit................................................................................................... 2

(28) Ocmulgee Circuit.................................................................................................. 3

(29) Oconee Circuit....................................................................................................... 2

(30) Ogeechee Circuit................................................................................................... 2

(31) Pataula Circuit...................................................................................................... 2

(32) Piedmont Circuit.................................................................................................. 2

(32.1) Rockdale Circuit.............................................................................................. 1

(33) Rome Circuit......................................................................................................... 3

(34) South Georgia Circuit.......................................................................................... 2

(35) Southern Circuit................................................................................................... 4

(36) Southwestern Circuit........................................................................................... 2

(37) Stone Mountain Circuit....................................................................................... 9

(38) Tallapoosa Circuit................................................................................................ 2

(39) Tifton Circuit........................................................................................................ 2

(40) Toombs Circuit..................................................................................................... 2

(41) Waycross Circuit.'.................................................................................................. 3

(42) Western Circuit........................................................................................................ 2",

in its entirety and inserting in lieu thereof a new Code Section 15-6-2 to read as follows:

"15-6-2. (a) The judges of the superior courts for each of the judicial circuits shall

be elected on a nonpartisan basis for a term of four years from single-member districts.

For the purpose of electing such judges, each judicial circuit shall be divided into elec-

tion districts as follows:

(1) Alapaha Circuit

District 1

(To be inserted)

District 2

(2) Alcovy Circuit District 1 District 2

(3) Appalachian Circuit District 1 District 2

(4) Atlanta Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9

MONDAY, FEBRUARY 26, 1990

1767

District 10

|

District 11

1

District 12

5

District 13

(5) Atlantic Circuit District 1 District 2 District 3 District 4

(6) Augusta Circuit District 1 District 2 District 3 District 4 District 5

(7) Blue Ridge Circuit District 1 District 2

(8) Brunswick Circuit

District 1

;

District 2

;

District 3

5

District 4

(9) Chattahoochee Circuit

District 1

District 2

.".

District 3

District 4

District 5

(10) Cherokee Circuit District 1 District 2 District 3

(11) Clayton Circuit District 1 District 2 District 3 District 4

(12) Cobb Circuit

District 1

District 2

District 3

District 4

District 5

District 6

;

District 7

(13) Conasauga Circuit District 1 District 2 District 3

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JOURNAL OF THE HOUSE,

(14) Cordele Circuit District 1 District 2
(15) Coweta Circuit District 1 District 2 District 3
(16) Dougherty Circuit District 1 District 2
(17) Douglas Circuit District 1 District 2
(18) Dublin Circuit District 1 District 2
(19) Eastern Circuit District 1 District 2 District 3 District 4 District 5
(20) Flint Circuit District 1 District 2
(21) Griffin Circuit District 1 District 2 District 3
(22) Gwinnett Circuit District 1 District 2 District 3 District 4 District 5
(23) Houston Circuit District 1 District 2
(24) Lookout Mountain Circuit District 1 District 2 District 3
(25) Macon Circuit District 1 District 2 District 3 District 4
(26) Middle Circuit District 1 District 2

MONDAY, FEBRUARY 26, 1990

1769

(27) Mountain Circuit District 1 District 2
(28) Northeastern Circuit District 1 District 2 District 3
(29) Northern Circuit District 1 District 2
(30) Ocmulgee Circuit District 1 District 2 District 3
(31) Oconee Circuit District 1 District 2
(32) Ogeechee Circuit District 1 District 2
(33) Pataula Circuit District 1 District 2
(34) Piedmont Circuit District 1 District 2
(35) Rockdale Circuit District 1
(36) Rome Circuit District 1 District 2 District 3
(37) South Georgia Circuit District 1 District 2
(38) Southern Circuit District 1 District 2 District 3 District 4
(39) Southwestern Circuit District 1 District 2
(40) Stone Mountain Circuit District 1 District 2 District 3 District 4 District 5

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District 6 District 7 District 8 District 9
(41) Tallapoosa Circuit District 1 District 2
(42) Tifton Circuit District 1 District 2
(43) Toombs Circuit District 1 District 2
(44) Waycross Circuit District 1 District 2 District 3
(45) Western Circuit District 1 District 2
(b) At the time of his election, a judge must be a resident of the circuit in which he is to serve. Each judge shall be elected only by the voters of his judicial district.
(c) The first judges elected pursu'ant to this Code section shall be those who are elected at the November, 1990, general election to take office on the first day of January, 1991. The remaining judges whose terms of office normally expire on December 31, 1992, shall remain in office until the normal expiration of their terms and until their successors are elected and qualified pursuant to this Code section and shall continue to serve in the judicial circuits from which elected. The provisions of this Code section shall be effective for the nonpartisan primary and general elections of 1990 for the purpose of electing judges in 1990 who are to take office in 1991 and for the nonpartisan primary and general elections of 1992 for the purpose of electing judges in 1992 who are to take office in 1993. Successors to those judges elected in 1990 and successors to the judges elected in 1992 shall likewise be elected under this Code section.
(d) For the purposes of this Code section: (1) The terms 'Census County Division,' 'Tract,' 'Census Tract,' 'Block Group,' and
'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any judicial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (e) Any part of the State of Georgia which is not included in any judicial district described in this Code section shall be included within that judicial district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 15-6-4.1 in its entirety and inserting in lieu thereof a new Code Section 15-6-4.1 to read as follows:
"15-6-4.1. Each judge of the superior courts shall be elected by the electors of the judicial circuit single-member district in which the judge is to serve."
Section 3. AH laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 26, 1990

1771

Y Aaron Y Abernathy N Adams N Aiken N Alford Y Alien N Athon N Atkins N Bailey
Baker N Balkcom N Bannister N Barfoot
Bargeron N Barnett.B Y Barnett,M N Bates NBeck N Benefield
Benn N Birdsong
Y Bishop Bostick
N Branch N Breedlove Y Brooks Y Brown
Buck N Buford
Byrd N Campbell
Carrell N Carter
N Chambless N Chance
Cheeks

N Childers
Y Clark,B N Clark.H
N ClarkJL N Coleman
Colwell N Connell E Couch N Crawford N Crosby N Cummings.B Y Cummings.M N Davis.C Y Davis.G
Davis.M Dixon.H N Dixon,S N Dobbs N Dover NDunn N Edwards N Ehrhart Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster NGodbee Y Goodwin N Green Greene Gresham N Griffin
N Groover N Hamilton N Manner

N Harris
N Hasty Y Heard N Herbert N Holcomb
Holland Holmes Hooks Howren N Hudson N Irwin N Isakson N Jackson,J N Jackson.W N Jamieson Jenkins Y Johnson N Jones N Kilgore N Kingston Lane,D
N Lane,R N Langford N Lawrence N Lawson NLee Y Under
NLong Lord
Y Lucas Lupton Mangum
N Martin
NMcCoy N McDonald N McKelvey

Y McKinney,B Y McKinney.C
N Meadows NMilam N Mobley N Moody YMorton N Moultrie N Mueller
N Oliver.C N Oliver.M YOrr
YOrrock N Padgett N Pannell
NParham N Parrish N Patten
Pettit N Pinkston NPoag N Porter N Poston N Powell YRandaU N Ransom
Ray N Reaves Y Redding N Richardson
Ricketson N Robinson
N Royal Selman
N Simpson Y Sinkfield

N Smith.L N Smith.P
Smith,T
N Smith.W YSmyre NSnow N Stancil,F
N Stancil,S Y Stanley N Steele N Stephens N Streat NTeper N Thomas.C Y Thomas.M
Thompson Y Thurmond N Titus N Tolbert Y Townsend
Twiggs N Vaughan
N Waddle Y Walker.C N Walker,L N Wall
Ware
N Watson N Watts Y White Y Wilder N Williams.B
Williams^
N Yates N Yeargin
Murphy,Spkr

On the adoption of the Floor substitute, the ayes were 31, nays 115. The Floor substitute was lost.

The following substitute, offered by Representative Brooks of the 34th, was read:

A BILL

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges; to provide for limited voting; to provide for nonpartisan, plurality elections; to provide for qualification of candidates; to provide for the time and method of election and related practices and procedures; to provide for registration of voters; to provide for the number of judgeships for each circuit and the number of votes to be cast by each elector; to provide for other related matters; to provide for effectiveness and an effective date to be conditioned upon ratification of a certain constitutional amendment; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, is amended by striking the Code section in its entirety and inserting in its place a new Code section to read as follows:
"15-6-2. The number of superior court judgeships for each of the judicial circuits shall be as shown in the following table. Each elector in each judicial circuit shall in the nonpartisan superior court judges' election vote for the number of candidates shown in the following table.

Number of

Number of

Votes Cast by

Judicial Circuit

Judgeships

Each Elector

Alapaha Circuit...............................................2 ...................................................................1

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Alcovy Circuit .................................................2 ...................................................................1 Appalachian Circuit .......................................2 ...................................................................1 Atlanta Circuit..............................................13 ...................................................................7 Atlantic Circuit...............................................4 ...................................................................2 Augusta Circuit...............................................5 ...................................................................2 Blue Ridge Circuit .........................................2 ...................................................................1 Brunswick Circuit...........................................4 ...................................................................2 Chattahoochee Circuit ...................................5 ...................................................................2 Cherokee Circuit.............................................3 ...................................................................1 Clayton Circuit...............................................4 ...................................................................1 Cobb Circuit....................................................? ...................................................................1 Conasauga Circuit ..........................................3 ...................................................................1 Cordele Circuit................................................2 ...................................................................1 Coweta Circuit................................................3 ...................................................................1 Dougherty Circuit...........................................2 ...................................................................1 Douglas Circuit...............................................2 ...................................................................1 Dublin Circuit.................................................2 ...................................................................1 Eastern Circuit ...............................................5 ...................................................................2 Flint Circuit....................................................2 ...................................................................1 Griffin Circuit.................................................3 ...................................................................1 Gwinnett Circuit.............................................5 ...................................................................1 Houston Circuit..............................................2 ...................................................................1 Lookout Mountain Circuit............................3 ...................................................................1 Macon Circuit .................................................4 ...................................................................2 Middle Circuit ................................................2 ...................................................................1 Mountain Circuit............................................2 ...................................................................1 Northeastern Circuit......................................3 ...................................................................1 Northern Circuit.............................................2 ...................................................................1 Ocmulgee Circuit............................................3 ...................................................................2 Oconee Circuit................................................2 ...................................................................1 Ogeechee Circuit.............................................2 ...................................................................1 Pataula Circuit................................................2 ...................................................................1 Piedmont Circuit............................................2 ...................................................................1 Rockdale Circuit.............................................! ...................................................................1 Rome Circuit...................................................3 ...................................................................1 South Georgia Circuit....................................2 ...................................................................1 Southern Circuit.............................................4 ...................................................................2 Southwestern Circuit .....................................2 ...................................................................1 Stone Mountain Circuit ................................9 ...................................................................3 Tallapoosa Circuit ..........................................2 ...................................................................1 Tifton Circuit..................................................2 ...................................................................1 Toombs Circuit...............................................2 ...................................................................1 Waycross Circuit ............................................3 ...................................................................1 Western Circuit ..............................................2 .................................................................1"
Section 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by striking Code Section 21-2-9, relating to date of election of certain officers, and inserting in its place a new Code section to read as follows:
"21-2-9. The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges ef the superior courts district attorneys, members of the General Assembly, and county officers shall be elected in the November election next preceding the expiration of the term of office."
Section 3. Said chapter is further amended by striking Code Section 21-2-130, relating to procedures for qualification of candidates, and inserting in its place a new Code section to read as follows:

MONDAY, FEBRUARY 26, 1990

1773

"21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nomi-
nee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
(3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;
(4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party;
(5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively;
(6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132;
(7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; er
(8) Nomination in a nonpartisan primary for the office of judge of a state court, jttdge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138r ; or
(9) Candidacy in a nonpartisan superior court judges' election."
Section 4. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 21-2-131, relating to qualifying fees, and inserting in its place a new paragraph to read as follows:
"(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election or nonpartisan superior court judges' election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;".
Section 5. Said chapter is further amended by striking subsections (b) and (b.l) of Code Section 21-2-132, relating to qualifying, and inserting in their place new subsections to read as follows:
"(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court and all candidates seeking election in the nonpartisan superior court judges' election shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary or election ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary or election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge ef the superior court, Judge of the Court of Appeals^ or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary

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of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of superior court judge, or his agent, desiring to have his name placed on the nonpartisan election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) (3) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April."
Section 6. Said chapter is further amended by striking paragraph (4) of subsection (d) of said Code Section 21-2-132 and inserting in its place a new paragraph to describe a class of candidates for whom nomination petitions are not required and to read as follows:
"(4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpora"r.tisan primary; or a candidate seeking election to the office of superior court judge;
Section 7. Said chapter is further amended by striking subsection (b) of Code Section 21-2-135, relating to designation of the specific office sought by a candidate, and inserting in its place new subsections (b) and (c) to read as follows:
"(b) In the case of the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections.
(c) This Code section shall not apply with respect to candidates for election to the office of superior court judge."
Section 8. Said chapter is further amended by striking Code Section 21-2-136, relating to restriction of the number of offices sought by a candidate, and inserting in its place a new Code section to read as follows:
"21-2-136. (a) No person shall be nominated, nor shall any person be a candidate in a primary or election, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, judge of the probate court, clerk of the superior court, tax commissioner, tax collector, sheriff, judge ef the superior court, county treasurer, county school superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly.
(b) No superior court judge-elect or person who is a candidate for the office of superior court judge shall in the same year be a candidate in a primary or election for any office referred to in subsection (a) of this Code section."
Section 9. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan judicial primaries and elections, and inserting in its place a new Code Section to read as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of jrcdge ef a superior court, Judge of the Court of Appeals; or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be

MONDAY, FEBRUARY 26, 1990

1775

placed on the ballot in a nonpartisan primary to be held and conducted jointly with the general primary in each even-numbered year. The names of candidates nominated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan judicial candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections."
Section 10. Said chapter is further amended by adding, immediately after Code Section 21-2-138, a new Code Section 21-2-138.1 to read as follows:
"21-2-138.1. (a) The provisions of this Code section shall, with respect to the election of superior court judges, control over any other conflicting provision of law.
(b) The term of office of each superior court judge who is in office on December 31, 1992, shall terminate as of Midnight on December 31, 1992. A successor to each such superior court judge shall be elected in 1992 and quadrennially thereafter at the superior court judges' election provided for in this Code section; and each superior court judge so elected shall take office on the first day of January next following his or her election for a term of four years. All superior court judges shall, however, serve until their successors are elected and qualified.
(c) In 1992 and quadrennially thereafter a superior court judges' election shall be held and conducted jointly with the general primary. Such election shall be a nonpartisan election; and no candidates for the office of superior court judge shall be nominated by a political party or by petition as candidates of a political body or as independent candidates.
(d) In the nonpartisan superior court judges' election, candidates for such office shall have their names placed on the nonpartisan portion of each political party's ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan candidates for superior court judge for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in the nonpartisan election as provided in Code Section 21-2-284.1.
(e) In the nonpartisan superior court judges' election, no candidate in a multi-judge superior court circuit shall in any manner designate a particular post for which he is running. In each superior court circuit, the number of judges elected shall be as fixed in Code Section 15-6-2. In each superior court circuit, each elector shall cast his or her vote for the number of candidates fixed in Code Section 15-6-2. If an elector votes for more than the number of candidates allowed by Code Section 15-6-2, then all of his or her votes for candidates for superior court judge shall be void and shall not be counted; but if an elector votes for fewer than the number of candidates allowed by Code Section 15-6-2, then all his or her votes for candidates for superior court judge shall be valid and shall be counted.

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(f) (1) (A) There shall be no majority vote requirement for election to the office of superior court judge. In each judicial circuit the candidates shall be ranked according to the number of votes received, with the candidate receiving the higher number of votes having the lower rank, so that the candidate receiving the highest number of votes shall be ranked No. 1, the candidate receiving the next highest number of votes shall be ranked No. 2, and other candidates shall be ranked in the same manner according to descending numbers of votes received. Those candidates whose rank is represented by a number equal to or lower than the number of judgeships to be filled in each circuit shall be elected as the judges for that circuit. (B) As an illustration of the provisions of subparagraph (A) of this paragraph: (1) in a circuit having one judgeship, the top vote getter shall be elected; (ii) in a circuit having two judgeships, the top two vote getters shall be elected; and (iii) in a circuit having (X) number of judgeships, the top (X) number of vote getters shall be elected. (2) (A) There shall be no run-off elections for superior court judgeships except in a case where: (i) there is an exact tie in the number of votes received by two or more candidates; and (ii) such tied candidates are, according to the ranking system of this subsection, tied for election to a number of judgeships which is less than the number of tied candidates. In all other cases ties shall be disregarded and the tied candidates shall be ranked arbitrarily. (B) As illustrations of the provisions of subparagraph (A) of this paragraph: (i) In a circuit with three judgeships and two candidates exactly tied for the No. 2 ranking, the tie shall be disregarded, the tied candidates shall be arbitrarily ranked as No. 2 and No. 3, and both tied candidates shall be elected; (ii) In a circuit with three judgeships and two or more candidates tied for a ranking of No. 4 or higher, the tie shall be disregarded, the tied candidates shall be ranked arbitrarily as among themselves, and none of the tied candidates shall be elected; (iii) In a circuit with three judgeships and two or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates for the No. 3 ranking and the candidate winning the runoff shall be elected; and (iv) In a circuit with four judgeships and three or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates and the two top vote getters in the runoff shall be elected. (C) Any run-off election shall be conducted in the same manner as the original election, except that each elector of the circuit shall cast his vote for one candidate.
(g) Except as otherwise specified in this Code section, the procedures to be employed in conducting the nonpartisan election of superior court judges shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."
Section 11. Said chapter is further amended by striking subsection (b) of Code Section 21-2-150, relating to dates of primaries, and inserting in its place a new subsection to read as follows:
"(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge ef the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section."
Section 12. Said chapter is further amended by striking subsection (b) of Code Section 21-2-151, relating to authorization for primaries, and inserting in its place a new subsection to read as follows:
"(b) Candidates for the office of judge of the state courts, judge ef th superior courts, Judge of the Court of Appeals, or Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices

MONDAY, FEBRUARY 26, 1990

1777

shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates' names will be listed on the ballot."
Section 13. Said chapter is further amended by adding at the end of Code Section 21-2-155, relating to reopening of qualification, a new subsection (c) to read as follows:
"(c) In the event of the death of a candidate prior to the date of a nonpartisan superior court judges' election, the Secretary of State shall reopen qualifications for a period of not less than one nor more than three days."
Section 14. Said chapter is further amended by striking subsection (a) of Code Section 21-2-227, relating to registration for primaries and elections other than November elections, and inserting in its place a new subsection to read as follows:
"(a) If any person whose name is not on such registration list desires to vote at any general primary or any nonpartisan superior court judges' election or any general election other than a November general election, he shall, 30 days prior to the primary or election at which he desires to vote, apply to be registered as an elector; and his application shall be processed in the same manner as the application of persons qualifying to vote in a November general election."
Section 15. Said chapter is further amended by striking Code Section 21-2-284.1, relating to nonpartisan primary ballots for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-284.1. (a) The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, judge ef a saperier court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed next to last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the
words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (f) mark in the square opposite the name of each nonpartisan candidate for whom you choose to
vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word 'Incumbent* beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this subsection. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office.
(b) The names of all candidates seeking election in the nonpartisan election for the office of superior court judge shall be printed on the ballot of each political party; and insofar as practicable such offices shall be separated from the names of the primary candidates by being listed last on each political party ballot, with the top of that portion

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JOURNAL OF THE HOUSE,

of the ballot relating to the nonpartisan election for superior court judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BAL-
LOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (f) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for
a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for the office of superior court judge. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan election."
Section 16. Said chapter is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-285.1. The names of all candidates nominated in the nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NON-
PARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (v) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a per-
son whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a runoff ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
Section 17. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 21-2-325, relating to form of ballot labels on voting machines, and inserting in their place new subsections to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of candidates and independent candidates shall be arranged under or opposite

MONDAY, FEBRUARY 26, 1990

1779

the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political par-
ties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices
are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) (1) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285.
(2) In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.'
(3) For nonpartisan superior court judges' elections, the ballot labels shall include a separate portion for the names of candidates seeking election to the office of superior court judge and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination and election in a nonpartisan primary for state and county judicial offices and nonpartisan election, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination and election in a nonpartisan primary and election for state and county judicial offices shall appear on all machines."
Section 18. Said chapter is further amended by striking subsection (a) of Code Section 21-2-501, relating to election by majority vote, and inserting in its place a new subsection to read as follows:
"(a) Except as otherwise provided in this Code section and Code Section 21-2-138.1, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such office which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election, provided that unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to

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JOURNAL OF THE HOUSE,

be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off primary or run-off election shall be a continuation of the primary or election for the particular office concerned, and only the electors who were entitled to vote in the primary or election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff primary or run-off election shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235."
Section 19. This Act shall become effective only if there is ratified at the 1990 general election a constitutional amendment which by its terms authorizes the General Assembly to shorten the terms of certain superior court judges so as to change the method of election of superior court judges. If such a constitutional amendment is so ratified this Act shall become effective January 1, 1991, and otherwise this Act shall not take effect.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams
Y Aiken N Alford Y Alien N Athon N Atkins N Bailey
Baker N Balkcom N Bannister N Barfoot
Bargeron N Barnett,B
Y Barnett,M N Bates NBeck N Benefield
Benn N Birdsong Y Bishop
Bostick N Branch N Breedlove Y Brooks Y Brown
Buck
N Buford
Byrd N Campbell
Carrell N Carter
N Chambless N Chance
Cheeks

N Childers
Y Clark,B
Y Clark.H N Clark,L N Coleman
Colwell N Connell E Couch N Crawford
N Crosby N Cummings,B Y Cummings.M N Davis.C Y Davis.G N Davis.M
Dixon,H N Dixon,S N Dobbs N Dover N Dunn
N Edwards N Ehrhart
Felton N Fennel N Floyd,J.M N Floyd,J.W N Foster
N Godbee Y Goodwin N Green
Greene N Gresham N Griffin
N Groover N Hamilton
N Manner

N Harris N Hasty Y Heard
N Herbert N Holcomb
Holland Y Holmes
Hooks N Howren
N Hudson N Irwin N Isakson
N Jackson,,] N Jackson.W N Jamieson
Jenkins Y Johnson N Jones N Kilgore Y Kingston
Lane,D NLane,R N Langford N Lawrence N Lawson NLee Y Linder NLong
Lord Y Lucas
Lupton Mangum Y Martin
NMcCoy N McDonald N McKelvey

Y McKinney,B Y McKinney.C N Meadows NMilam Y Mobley N Moody N Morton N Moultrie N Mueller N Oliver.C N Oliver,M YOrr Y Orrock
N Padgett N Pannell
N Parham N Parrish N Patten
Pettit N Pinkston N Poag
N Porter N Poston N Powell YRandall N Ransom
Ray N Reaves
Redding
Y Richardson Ricketson
N Robinson
N Royal N Selman N Simpson Y Sinkfield

N Smith.L N Smith,P
Smith.T
N Smith,W Y Smyre NSnow N Stancil,F N Stancil.S Y Stanley N Steele N Stephens N Streat NTeper N Thomas,C Y Thomas.M
Thompson Y Thurmond N Titus N Tolbert Y Townsend NTwiggs
Y Vaughan N Waddle Y Walker.C N Walker,L NWall
Ware
N Watson N Watts Y White Y Wilder
N Williams,B Williams,J
N Yates N Yeargin
Murphy,Spkr

On the adoption of the Floor substitute, the ayes were 37, nays 114. The Floor substitute was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, FEBRUARY 26, 1990

1781

On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien N Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister YBarfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks Y Brown
Buck Y Buford YByrd Y Campbell
Carrell Y Carter
Y Chambless Y Chance
Cheeks

Y Childers
N Clark,B Y Clark.H
Y Clark.L Y Coleman
Colwell Y Connell E Couch
Crawford Y Crosby Y Cummings.B N Cummings.M Y Davis.C N Davis.G Y Davis.M
N Dixon,H Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster NGodbee Y Goodwin Y Green
Greene Gresham Y Griffin
Y Groover Y Hamilton Y Banner

Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins N Johnson Y Jones Y Kilgore Y Kingston
Lane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong Lord
Y Lucas Y Lupton
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

N McKinney.B
N McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie
Y MueUer Y Oliver,C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell
Y Parham YParrish
Patten Pettit Y Pinkston
YPoag Y Porter YPoston Y Powell YRandall Y Ransom
Ray Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal
YSelman Y Simpson N Sinkfield

Y Smith,L Y Smith.P Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil,F
Y Stancil,S N Stanley YSteele
Stephens YStreat YTeper Y Thomas.C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watoon Y Watts N White Y Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 140, nays 15. The Bill, having received the requisite constitutional majority, was passed.

HB 1305. By Representatives Holmes of the 28th and Lupton of the 25th:
A bill to provide for an additional judge of the Superior Court of the Atlanta Judicial Circuit.

The following substitute, offered by Representative McKinney of the 35th was read and withdrawn:

A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-member districts in the judicial circuits; to provide for nonpartisan elections and terms of office; to provide for residency requirements for superior court judges; to provide for the election of a superior court judge by the electors of the single-member district in which the judge is to serve; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-2, which reads as follows:
"15-6-2. The number of judges for each of the superior courts for each of the judicial circuits shall be as follows:
(1) Alapaha Circuit..................................................................................................... 2 (2) Alcovy Circuit........................................................................................................ 2

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(2.1) Appalachian Circuit........................................................................................... 2

(3) Atlanta Circuit...................................................................................................... 13

(4) Atlantic Circuit..................................................................................................... 4

(5) Augusta Circuit..................................................................................................... 5

(6) Blue Ridge Circuit................................................................................................ 2

(7) Brunswick Circuit................................................................................................. 4

(8) Chattahoochee Circuit.......................................................................................... 5

(9) Cherokee Circuit................................................................................................... 3

(10) Clayton Circuit...................................................................................................... 4

(11) Cobb Circuit.......................................................................................................... 7

(12) Conasauga Circuit................................................................................................. 3

(13) Cordele Circuit...................................................................................................... 2

(14) Coweta Circuit...................................................................................................... 3

(15) Dougherty Circuit................................................................................................. 2

(15.1) Douglas Circuit................................................................................................. 2

(16) Dublin Circuit....................................................................................................... 2

(17) Eastern Circuit...................................................................................................... 5

(18) Flint Circuit........................................................................................................... 2

(19) Griffin Circuit....................................................................................................... 3

(20) Gwinnett Circuit................................................................................................... 5

(21) Houston Circuit.................................................................................................... 2

(22) Lookout Mountain Circuit.................................................................................. 3

(23) Macon Circuit....................................................................................................... 4

(24) Middle Circuit....................................................................................................... 2

(25) Mountain Circuit.................................................................................................. 2

(26) Northeastern Circuit............................................................................................ 3

(27) Northern Circuit................................................................................................... 2

(28) Ocmulgee Circuit.................................................................................................. 3

(29) Oconee Circuit....................................................................................................... 2

(30) Ogeechee Circuit................................................................................................... 2

(31) Pataula Circuit...................................................................................................... 2

(32) Piedmont Circuit.................................................................................................. 2

(32.1) Rockdale Circuit.............................................................................................. 1

(33) Rome Circuit......................................................................................................... 3

(34) South Georgia Circuit.......................................................................................... 2

(35) Southern Circuit................................................................................................... 4

(36) Southwestern Circuit........................................................................................... 2

(37) Stone Mountain Circuit....................................................................................... 9

(38) Tallapoosa Circuit................................................................................................ 2

(39) Tifton Circuit........................................................................................................ 2

(40) Toombs Circuit..................................................................................................... 2

(41) Waycross Circuit................................................................................................... 3

(42) Western Circuit........................................................................................................ 2",

in its entirety and inserting in lieu thereof a new Code Section 15-6-2 to read as follows:

"15-6-2. (a) The judges of the superior courts for each of the judicial circuits shall

be elected on a nonpartisan basis for a term of four years from single-member districts.

For the purpose of electing such judges, each judicial circuit shall be divided into elec-

tion districts as follows:

(1) Alapaha Circuit

District 1

(To be inserted)

District 2

(2) Alcovy Circuit District 1 District 2

(3) Appalachian Circuit District 1 District 2

MONDAY, FEBRUARY 26, 1990

1783

(4) Atlanta Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13
(5) Atlantic Circuit District 1 District 2 District 3 District 4
(6) Augusta Circuit District 1 District 2 District 3 District 4 District 5
(7) Blue Ridge Circuit District 1 District 2
(8) Brunswick Circuit District 1 District 2 District 3 District 4
(9) Chattahoochee Circuit District 1 District 2 District 3 District 4 District 5
(10) Cherokee Circuit District 1 District 2 District 3
(11) Clayton Circuit District 1 District 2 District 3 District 4
(12) Cobb Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7

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JOURNAL OF THE HOUSE,

(13) Conasauga Circuit District 1 District 2 District 3
(14) Cordele Circuit District 1 District 2
(15) Coweta Circuit District 1 District 2 District 3
(16) Dougherty Circuit District 1 District 2
(17) Douglas Circuit District 1 District 2
(18) Dublin Circuit District 1 District 2
(19) Eastern Circuit District 1 District 2 District 3 District 4 District 5
(20) Flint Circuit District 1 District 2
(21) Griffin Circuit District 1 District 2 District 3
(22) Gwinnett Circuit District 1 District 2 District 3 District 4 District 5
(23) Houston Circuit District 1 District 2
(24) Lookout Mountain Circuit District 1 District 2 District 3
(25) Macon Circuit District 1 District 2 District 3 District 4

MONDAY, FEBRUARY 26, 1990

1785

(26) Middle Circuit District 1 District 2
(27) Mountain Circuit District 1 District 2
(28) Northeastern Circuit District 1 District 2 District 3
(29) Northern Circuit District 1 District 2
(30) Ocmulgee Circuit District 1 District 2 District 3
(31) Oconee Circuit District 1 District 2
(32) Ogeechee Circuit District 1 District 2
(33) Pataula Circuit District 1 District 2
(34) Piedmont Circuit District 1 District 2
(35) Rockdale Circuit District 1
(36) Rome Circuit District 1 District 2 District 3
(37) South Georgia Circuit District 1 District 2
(38) Southern Circuit District 1 District 2 District 3 District 4
(39) Southwestern Circuit District 1 District 2
(40) Stone Mountain Circuit District 1 District 2

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District 3 District 4 District 5 District 6 District 7 District 8 District 9
(41) Tallapoosa Circuit District 1 District 2
(42) Tifton Circuit District 1 District 2
(43) Toombs Circuit District 1 District 2
(44) Waycross Circuit District 1 District 2 District 3
(45) Western Circuit District 1 District 2
(b) At the time of his election, a judge must be a resident of the circuit in which he is to serve. Each judge shall be elected only by the voters of his judicial district.
(c) The first judges elected pursuant to this Code section shall be those who are elected at the November, 1990, general election to take office on the first day of January, 1991. The remaining judges whose terms of office normally expire on December 31, 1992, shall remain in office until the normal expiration of their terms and until their successors are elected and qualified pursuant to this Code section and shall continue to serve in the judicial circuits from which elected. The provisions of this Code section shall be effective for the nonpartisan primary and general elections of 1990 for the purpose of electing judges in 1990 who are to take office in 1991 and for the nonpartisan primary and general elections of 1992 for the purpose of electing judges in 1992 who are to take office in 1993. Successors to those judges elected in 1990 and successors to the judges elected in 1992 shall likewise be elected under this Code section.
(d) For the purposes of this Code section: (1) The terms 'Census County Division,' 'Tract,' 'Census Tract,' 'Block Group,' and
'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any judicial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (e) Any part of the State of Georgia which is not included in any judicial district described in this Code section shall be included within that judicial district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 15-6-4.1 in its entirety and inserting in lieu thereof a new Code Section 15-6-4.1 to read as follows:
"15-6-4.1. Each judge of the superior courts shall be elected by the electors of the judicial circuit single-member district in which the judge is to serve."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 26, 1990

1787

The following substitute, offered by Representative Brooks of the 34th, was read:

A BILL

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges; to provide for limited voting; to provide for nonpartisan, plurality elections; to provide for qualification of candidates; to provide for the time and method of election and related practices and procedures; to provide for registration of voters; to provide for the number of judgeships for each circuit and the number of votes to be cast by each elector; to provide for other related matters; to provide for effectiveness and an effective date to be conditioned upon ratification of a certain constitutional amendment; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, is amended by striking the Code section in its entirety and inserting in its place a new Code section to read as follows:
"15-6-2. The number of superior court judgeships for each of the judicial circuits shall be as shown in the following table. Each elector in each judicial circuit shall in the nonpartisan superior court judges' election vote for the number of candidates shown in the following table.

Number of

Number of

Votes Cast by

Judicial Circuit

Judgeships

Each Elector

Alapaha Circuit...............................................2 ...................................................................1

Alcovy Circuit .................................................2 ...................................................................1

Appalachian Circuit .......................................2 ...................................................................1

Atlanta Circuit..............................................l3 ...................................................................7

Atlantic Circuit...............................................4 ...................................................................2

Augusta Circuit...............................................5 ...................................................................2

Blue Ridge Circuit .........................................2 ...................................................................1

Brunswick Circuit...........................................4 ...................................................................2

Chattahoochee Circuit ...................................5 ...................................................................2

Cherokee Circuit.............................................3 ...................................................................1

Clayton Circuit...............................................4 ...................................................................1

Cobb Circuit....................................................? ...................................................................1

Conasauga Circuit ..........................................3 ...................................................................1

Cordele Circuit................................................2 ...................................................................1

Coweta Circuit................................................3 ...................................................................1

Dougherty Circuit...........................................2 ...................................................................1

Douglas Circuit ...............................................2 ...................................................................1

Dublin Circuit.................................................2 ...................................................................1

Eastern Circuit ...............................................5 ...................................................................2

Flint Circuit ....................................................2 ...................................................................1

Griffin Circuit.................................................3 ...................................................................1

Gwinnett Circuit.............................................5 ...................................................................1

Houston Circuit..............................................2 ...................................................................1

Lookout Mountain Circuit............................3 ...................................................................1

Macon Circuit .................................................4 ...................................................................2

Middle Circuit ................................................2 ...................................................................1

Mountain Circuit............................................2 ...................................................................1

Northeastern Circuit......................................3 ...................................................................1

Northern Circuit.............................................2 ...................................................................1

Ocmulgee Circuit ............................................3 ...................................................................2

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JOURNAL OF THE HOUSE,

Oconee Circuit ................................................2 ...................................................................1 Ogeechee Circuit.............................................2 ...................................................................1 PataulaCircuit................................................2 ...................................................................1 Piedmont Circuit............................................2 ...................................................................1 Rockdale Circuit.............................................! ...................................................................1 Rome Circuit...................................................3 ...................................................................1 South Georgia Circuit....................................2 .......................................................,...........! Southern Circuit.............................................4 ...................................................................2 Southwestern Circuit.....................................2 .......................................................,...........! Stone Mountain Circuit ................................9 ...................................................................3 Tallapoosa Circuit..........................................2 ...................................................................1 TiftonCircuit..................................................2 ...................................................................1 Toombs Circuit...............................................2 ...................................................................1 Waycross Circuit ............................................3 ...................................................................1 Western Circuit ..............................................2 .................................................................1"
Section 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by striking Code Section 21-2-9, relating to date of election of certain officers, and inserting in its place a new Code section to read as follows:
"21-2-9. The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges ef th superior courts, district attorneys, members of the General Assembly, and county officers shall be elected in the November election next preceding the expiration of the term of office."
Section 3. Said chapter is further amended by striking Code Section 21-2-130, relating to procedures for qualification of candidates, and inserting in its place a new Code section to read as follows:
"21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nomi-
nee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
(3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;
(4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party;
(5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively;
(6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132;
(7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; er
(8) Nomination in a nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138r ] or
(9) Candidacy in a nonpartisan superior court judges' election."
Section 4. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 21-2-131, relating to qualifying fees, and inserting in its place a new paragraph to read as follows:
"(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying

MONDAY, FEBRUARY 26, 1990

1789

by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election or nonpartisan superior court judges' election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;".
Section 5. Said chapter is further amended by striking subsections (b) and (b.l) of Code Section 21-2-132, relating to qualifying, and inserting in their place new subsections to read as follows:
"(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court and all candidates seeking election in the nonpartisan superior court judges' election shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary or election ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary or election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge ef the superior court, Judge of the Court of Appeals; or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of superior court judge, or his agent, desiring to have his name placed on the nonpartisan election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
{2} (3) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April."
Section 6. Said chapter is further amended by striking paragraph (4) of subsection (d) of said Code Section 21-2-132 and inserting in its place a new paragraph to describe a class of candidates for whom nomination petitions are not required and to read as follows:
"(4) A candidate seeking election to the office of judge of a state court, jwdge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpora"r.tisan primary; or a candidate seeking election to the office of superior court judge;

Section 7. Said chapter is further amended by striking subsection (b) of Code Section 21-2-135, relating to designation of the specific office sought by a candidate, and inserting in its place new subsections (b) and (c) to read as follows:
"(b) In the case of the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person

1790

JOURNAL OF THE HOUSE,

such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections.
(c) This Code section shall not apply with respect to candidates for election to the office of superior court judge."
Section 8. Said chapter is further amended by striking Code Section 21-2-136, relating to restriction of the number of offices sought by a candidate, and inserting in its place a new Code section to read as follows:
"21-2-136. (a) No person shall be nominated, nor shall any person be a candidate in a primary or election, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, judge of the probate court, clerk of the superior court, tax commissioner, tax collector, sheriff, judge ef the superior court, county treasurer, county school superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly.
(b) No superior court judge-elect or person who is a candidate for the office of superior court judge shall in the same year be a candidate in a primary or election for any office referred to in subsection (a) of this Code section."
Section 9. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan judicial primaries and elections, and inserting in its place a new Code Section to read as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge ef a superior court^ Judge of the Court of Appeals^ or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary to be held and conducted jointly with the general primary in each even-numbered year. The names of candidates nominated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan judicial candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, judges ef superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections."
Section 10. Said chapter is further amended by adding, immediately after Code Section 21-2-138, a new Code Section 21-2-138.1 to read as follows:
"21-2-138.1. (a) The provisions of this Code section shall, with respect to the election of superior court judges, control over any other conflicting provision of law.
(b) The term of office of each superior court judge who is in office on December 31, 1992, shall terminate as of Midnight on December 31, 1992. A successor to each such

MONDAY, FEBRUARY 26, 1990

1791

superior court judge shall be elected in 1992 and quadrennially thereafter at the superior court judges' election provided for in this Code section; and each superior court judge so elected shall take office on the first day of January next following his or her election for a term of four years. All superior court judges shall, however, serve until their successors are elected and qualified.
(c) In 1992 and quadrennially thereafter a superior court judges' election shall be held and conducted jointly with the general primary. Such election shall be a nonpartisan election; and no candidates for the office of superior court judge shall be nominated by a political party or by petition as candidates of a political body or as independent candidates.
(d) In the nonpartisan superior court judges' election, candidates for such office shall have their names placed on the nonpartisan portion of each political party's ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan candidates for superior court judge for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in the nonpartisan election as provided in Code Section 21-2-284.1.
(e) In the nonpartisan superior court judges' election, no candidate in a multi-judge superior court circuit shall in any manner designate a particular post for which he is running. In each superior court circuit, the number of judges elected shall be as fixed in Code Section 15-6-2. In each superior court circuit, each elector shall cast his or her vote for the number of candidates fixed in Code Section 15-6-2. If an elector votes for more than the number of candidates allowed by Code Section 15-6-2, then all of his or her votes for candidates for superior court judge shall be void and shall not be counted; but if an elector votes for fewer than the number of candidates allowed by Code Section 15-6-2, then all his or her votes for candidates for superior court judge shall be valid and shall be counted.
(f) (1) (A) There shall be no majority vote requirement for election to the office of superior court judge. In each judicial circuit the candidates shall be ranked according to the number of votes received, with the candidate receiving the higher number of votes having the lower rank, so that the candidate receiving the highest number of votes shall be ranked No. 1, the candidate receiving the next highest number of votes shall be ranked No. 2, and other candidates shall be ranked in the same manner according to descending numbers of votes received. Those candidates whose rank is represented by a number equal to or lower than the number of judgeships to be filled in each circuit shall be elected as the judges for that circuit.
(B) As an illustration of the provisions of subparagraph (A) of this paragraph: (1) in a circuit having one judgeship, the top vote getter shall be elected; (ii) in a
circuit having two judgeships, the top two vote getters shall be elected; and (iii) in a circuit having (X) number of judgeships, the top (X) number of vote getters shall
be elected. (2) (A) There shall be no run-off elections for superior court judgeships except in
a case where: (i) there is an exact tie in the number of votes received by two or more candidates; and (ii) such tied candidates are, according to the ranking system
of this subsection, tied for election to a number of judgeships which is less than the number of tied candidates. In all other cases ties shall be disregarded and the tied
candidates shall be ranked arbitrarily.
(B) As illustrations of the provisions of subparagraph (A) of this paragraph:
(i) In a circuit with three judgeships and two candidates exactly tied for the No. 2 ranking, the tie shall be disregarded, the tied candidates shall be arbi-
trarily ranked as No. 2 and No. 3, and both tied candidates shall be elected;
(ii) In a circuit with three judgeships and two or more candidates tied for
a ranking of No. 4 or higher, the tie shall be disregarded, the tied candidates shall be ranked arbitrarily as among themselves, and none of the tied candidates
shall be elected;

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JOURNAL OF THE HOUSE,

(iii) In a circuit with three judgeships and two or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates for the No. 3 ranking and the candidate winning the runoff shall be elected; and
(iv) In a circuit with four judgeships and three or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates and the two top vote getters in the runoff shall be elected. (C) Any run-off election shall be conducted in the same manner as the original election, except that each elector of the circuit shall cast his vote for one candidate, (g) Except as otherwise specified in this Code section, the procedures to be employed in conducting the nonpartisan election of superior court judges shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."
Section 11. Said chapter is further amended by striking subsection (b) of Code Section 21-2-150, relating to dates of primaries, and inserting in its place a new subsection to read as follows:
"(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, jttdge ef th superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section."
Section 12. Said chapter is further amended by striking subsection (b) of Code Section 21-2-151, relating to authorization for primaries, and inserting in its place a new subsection to read as follows:
"(b) Candidates for the office of judge of the state courts, jttdge ef the superior courts, Judge of the Court of Appeals, or Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates' names will be listed on the ballot."
Section 13. Said chapter is further amended by adding at the end of Code Section 21-2-155, relating to reopening of qualification, a new subsection (c) to read as follows:
"(c) In the event of the death of a candidate prior to the date of a nonpartisan superior court judges' election, the Secretary of State shall reopen qualifications for a period of not less than one nor more than three days."
Section 14. Said chapter is further amended by striking subsection (a) of Code Section 21-2-227, relating to registration for primaries and elections other than November elections, and inserting in its place a new subsection to read as follows:
"(a) If any person whose name is not on such registration list desires to vote at any general primary or any nonpartisan superior court judges' election or any general election other than a November general election, he shall, 30 days prior to the primary or election at which he desires to vote, apply to be registered as an elector; and his application shall be processed in the same manner as the application of persons qualifying to vote in a November general election."
Section 15. Said chapter is further amended by striking Code Section 21-2-284.1, relating to nonpartisan primary ballots for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-284.1. (a) The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, judge ef a superior court7 Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed next to last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the

MONDAY, FEBRUARY 26, 1990

1793

words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (^) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this subsection. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office.
(b) The names of all candidates seeking election in the nonpartisan election for the office of superior court judge shall be printed on the ballot of each political party; and insofar as practicable such offices shall be separated from the names of the primary candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan election for superior court judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BAL;
LOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (Q mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for
a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for the office of superior court judge. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan election."
Section 16. Said chapter is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-285.1. The names of all candidates nominated in the nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check ( ) mark in the square opposite

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JOURNAL OF THE HOUSE,

the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a runoff ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
Section 17. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 21-2-325, relating to form of ballot labels on voting machines, and inserting in their place new subsections to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, jtidfe ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) (1) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285.
(2) In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTI-
SAN PRIMARY BALLOT.' (3) For nonpartisan superior court judges' elections, the ballot labels shall include
a separate portion for the names of candidates seeking election to the office of superior court judge and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'

MONDAY, FEBRUARY 26, 1990

1795

(i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination and election in a nonpartisan primary for state and county judicial offices and nonpartisan election, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination and election in a nonpartisan primary and election for state and eettftty judicial offices shall appear on all machines."
Section 18. Said chapter is further amended by striking subsection (a) of Code Section 21-2-501, relating to election by majority vote, and inserting in its place a new subsection to read as follows:
"(a) Except as otherwise provided in this Code section and Code Section 21-2-138.1, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such office which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election, provided that unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off primary or run-off election shall be a continuation of the primary or election for the particular office concerned, and only the electors who were entitled to vote in the primary or election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff primary or run-off election shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235."
Section 19. This Act shall become effective only if there is ratified at the 1990 general election a constitutional amendment which by its terms authorizes the General Assembly to shorten the terms of certain superior court judges so as to change the method of election of superior court judges. If such a constitutional amendment is so ratified this Act shall become effective January 1, 1991, and otherwise this Act shall not take effect.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
N Adams Y Aiken N Alford Y Alien

N Athon N Atkins
N Bailey Baker
N Balkcom N Bannister

N Barfoot Baigeron
N Barnett,B Y Barnett,M N Bates N Beck

N Benefield Benn
N Birdsong Y Bishop
Bostick N Branch

N Breedlove Y Brooks
Y Brown Buck
N Buford N Byrd

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JOURNAL OF THE HOUSE,

N Campbell N Carrell N Carter N Chambless N Chance
Cheeks N Childers Y Clark.B Y Clark,H
N Clark.L N Coleman
Colwell N Connell E Couch N Crawford
N Crosby N Cummings.B Y Cummings,M N Davis.C Y Davis.G N Davis,M N Dixon,H N Dixon,S NDobbs N Dover NDunn N Edwards
NEhrhart Felton
N Fennel

N Floyd,J.M
N Floyd,J.W N Foster
NGodbee YGoodwin N Green
Greene Gresham N Griffin
N Groover N Hamilton
Manner N Harris
N Hasty Y Heard
N Herbert N Holcomb
Holland Y Holmes
Hooks N Howren
N Hudson N Irwin
Isakson N Jackson,J N Jackson,W N Jamieson
Jenkins Johnson N Jones

N Kilgore N Kingston
Lane.D
NLane,R N Langford N Lawrence
N Lawson NLee Y Linder
N Long Lord
Y Lucas Y Lupton
Mangum Y Martin
NMcCoy N McDonald N McKelvey Y McKinney.B Y McKinney.C N Meadows
N Milan)
Y Mobley N Moody N Morton N Moultrie N Mueller N Oliver.C N Oliver.M YOrr

Y Orrock
N Padgett N Pannell
N Parham N Parrish
Patten N Pettit
Pinkston
NPoag
N Porter
N Poston N Powell YRandall N Ransom
Ray N Reaves
Redding N Richardson
Ricketson N Robinson
N Royal NSelman N Simpson Y Sinkfield N Smith,L N Smith,P Y Smith.T
N Smith,W YSmyre NSnow

N Stancil.F N Stancil,S Y Stanley N Steele N Stephens
Streat NTeper N Thomas.C
Y Thomas,M Thompson
Y Thurmond N Titus N Tolbert Y Townsend N Twiggs
N Vaughan N Waddle Y Walker.C N Walker.L Y Wall
Ware
N Watson N Watts Y White Y Wilder N Williams,B
Williams,J
N Yates N Yeargin
Murphy.Spkr

On the adoption of the Floor substitute, the ayes were 36, nays 114. The Floor substitute was lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford
Y Alien N Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron N Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove N Brooks Y Brown
Buck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Y Chance Cheeks

Y Childers
Y Clark,B Y Clark.H
Y Clark,L Y Coleman
Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis,C Y Davis.G
Davis.M
N Dixon,H Y Dixon.S N Dobbs Y Dover YDunn Y Edwards N Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster N Godbee Y Goodwin Y Green
Greene Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson
Y Irwin Isakson
Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones
Y Kilgore Y Kingston
Lane,D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong Lord
Y Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

Y McKinney,B N McKinney.C Y Meadows
Y Milam Y Mobley Y Moody N Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston
YPoag
Porter Y Poston Y Powell
YRandall Y Ransom
Ray Y Reaves
Redding
Y Richardson Ricketson
Y Robinson Y Royal YSelman Y Simpson N Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil.S N Stanley
Y Steele Y Stephens
Streat Y Teper Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L NWall
Ware Y Watson Y Watts N White Y Wilder Y Williams,B
Williams,J
N Yates Y Yeargin
Murphy,Spkr

MONDAY, FEBRUARY 26, 1990

1797

On the passage of the Bill, the ayes were 137, nays 14. The Bill, having received the requisite constitutional majority, was passed.

HB 1969.

By Representative Thomas of the 69th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to provide that the temporary assignments of judges shall be made by the district administrative judge.

The following substitute, offered by Representative McKinney of the 35th, was read:

A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-member districts in the judicial circuits; to provide for nonpartisan elections and terms of office; to provide for residency requirements for superior court judges; to provide for the election of a superior court judge by the electors of the single-member district in which the judge is to serve; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-2, which reads as follows:
"15-6-2. The number of judges for each of the superior courts for each of the judicial circuits shall be as follows:
(1) Alapaha Circuit..................................................................................................... 2 (2) Alcovy Circuit........................................................................................................ 2 (2.1) Appalachian Circuit........................................................................................... 2 (3) Atlanta Circuit...................................................................................................... 13 (4) Atlantic Circuit..................................................................................................... 4 (5) Augusta Circuit..................................................................................................... 5 (6) Blue Ridge Circuit................................................................................................ 2 (7) Brunswick Circuit................................................................................................. 4 (8) Chattahoochee Circuit.......................................................................................... 5 (9) Cherokee Circuit................................................................................................... 3 (10) Clayton Circuit...................................................................................................... 4 (11) Cobb Circuit.......................................................................................................... 7 (12) Conasauga Circuit................................................................................................. 3 (13) Cordele Circuit...................................................................................................... 2 (14) Coweta Circuit...................................................................................................... 3 (15) Dougherty Circuit................................................................................................. 2 (15.1) Douglas Circuit................................................................................................. 2 (16) Dublin Circuit....................................................................................................... 2 (17) Eastern Circuit...................................................................................................... 5 (18) Flint Circuit........................................................................................................... 2 (19) Griffin Circuit....................................................................................................... 3 (20) Gwinnett Circuit................................................................................................... 5 (21) Houston Circuit.................................................................................................... 2 (22) Lookout Mountain Circuit.................................................................................. 3 (23) Macon Circuit....................................................................................................... 4 (24) Middle Circuit....................................................................................................... 2 (25) Mountain Circuit.................................................................................................. 2 (26) Northeastern Circuit............................................................................................ 3 (27) Northern Circuit................................................................................................... 2

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(28) Ocmulgee Circuit.................................................................................................. 3

(29) Oconee Circuit....................................................................................................... 2

(30) Ogeechee Circuit................................................................................................... 2

(31) Pataula Circuit...................................................................................................... 2

(32) Piedmont Circuit.................................................................................................. 2

(32.1) Rockdale Circuit.............................................................................................. 1

(33) Rome Circuit......................................................................................................... 3

(34) South Georgia Circuit.......................................................................................... 2

(35) Southern Circuit................................................................................................... 4

(36) Southwestern Circuit........................................................................................... 2

(37) Stone Mountain Circuit....................................................................................... 9

(38) Tallapoosa Circuit................................................................................................ 2

(39) Tifton Circuit........................................................................................................ 2

(40) Toombs Circuit..................................................................................................... 2

(41) Waycross Circuit................................................................................................... 3

(42) Western Circuit........................................................................................................ 2",

in its entirety and inserting in lieu thereof a new Code Section 15-6-2 to read as follows:

"15-6-2. (a) The judges of the superior courts for each of the judicial circuits shall

be elected on a nonpartisan basis for a term of four years from single-member districts.

For the purpose of electing such judges, each judicial circuit shall be divided into elec-

tion districts as follows:

(1) Alapaha Circuit

District 1

(To be inserted)

District 2

(2) Alcovy Circuit District 1 District 2

(3) Appalachian Circuit District 1 District 2

(4) Atlanta Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13

(5) Atlantic Circuit District 1 District 2 District 3 District 4

(6) Augusta Circuit District 1 District 2 District 3 District 4 District 5

MONDAY, FEBRUARY 26, 1990

1799

(7) Blue Ridge Circuit District 1 District 2
(8) Brunswick Circuit District 1 District 2 District 3 District 4
(9) Chattahoochee Circuit District 1 District 2 District 3 District 4 District 5
(10) Cherokee Circuit District 1 District 2 District 3
(11) Clayton Circuit District 1 District 2 District 3 District 4
(12) Cobb Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7
(13) Conasauga Circuit District 1 District 2 District 3
(14) Cordele Circuit District 1 District 2
(15) Coweta Circuit District 1 District 2 District 3
(16) Dougherty Circuit District 1 District 2
(17) Douglas Circuit District 1 District 2
(18) Dublin Circuit District 1 District 2

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JOURNAL OF THE HOUSE,

(19) Eastern Circuit District 1 District 2 District 3 District 4 District 5
(20) Flint Circuit District 1 District 2
(21) Griffin Circuit District 1 District 2 District 3
(22) Gwinnett Circuit District 1 District 2 District 3 District 4 District 5
(23) Houston Circuit District 1 District 2
(24) Lookout Mountain Circuit District 1 District 2 District 3
(25) Macon Circuit District 1 District 2 District 3 District 4
(26) Middle Circuit District 1 District 2
(27) Mountain Circuit District 1 District 2
(28) Northeastern Circuit District 1 District 2 District 3
(29) Northern Circuit District 1 District 2
(30) Ocmulgee Circuit District 1 District 2 District 3
(31) Oconee Circuit District 1 District 2

MONDAY, FEBRUARY 26, 1990

1801

(32) Ogeechee Circuit District 1 District 2
(33) Pataula Circuit District 1 District 2
(34) Piedmont Circuit District 1 District 2
(35) Rockdale Circuit District 1
(36) Rome Circuit District 1 District 2 District 3
(37) South Georgia Circuit District 1 District 2
(38) Southern Circuit District 1 District 2 District 3 District 4
(39) Southwestern Circuit District 1 District 2
(40) Stone Mountain Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9
(41) Tallapoosa Circuit District 1 District 2
(42) Tifton Circuit District 1 District 2
(43) Toombs Circuit District 1 District 2
(44) Waycross Circuit District 1 District 2 District 3

1802

JOURNAL OF THE HOUSE,

(45) Western Circuit District 1 District 2
(b) At the time of his election, a judge must be a resident of the circuit in which he is to serve. Each judge shall be elected only by the voters of his judicial district.
(c) The first judges elected pursuant to this Code section shall be those who are elected at the November, 1990, general election to take office on the first day of January, 1991. The remaining judges whose terms of office normally expire on December 31, 1992, shall remain in office until the normal expiration of their terms and until their successors are elected and qualified pursuant to this Code section and shall continue to serve in the judicial circuits from which elected. The provisions of this Code section shall be effective for the nonpartisan primary and general elections of 1990 for the purpose of electing judges in 1990 who are to take office in 1991 and for the nonpartisan primary and general elections of 1992 for the purpose of electing judges in 1992 who are to take office in 1993. Successors to those judges elected in 1990 and successors to the judges elected in 1992 shall likewise be elected under this Code section.
(d) For the purposes of this Code section: (1) The terms 'Census County Division,' 'Tract,' 'Census Tract,' 'Block Group,' and
'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any judicial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (e) Any part of the State of Georgia which is not included in any judicial district described in this Code section shall be included within that judicial district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 15-6-4.1 in its entirety and inserting in lieu thereof a new Code Section 15-6-4.1 to read as follows:
"15-6-4.1. Each judge of the superior courts shall be elected by the electors of the judicial circuit single-member district in which the judge is to serve."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy N Adams
Aiken N Alford Y Alien N Athon
N Atkins N Bailey
Baker
N Balkcom N Bannister
Barfoot
Bargeron N Barnett,B N Barnett.M N Bates NBeck N Benefield
Benn N Birdsong Y Bishop N Bostick N Branch N Breedlove

Y Brooks
Y Brown NBuck
N Buford NByrd N Campbell N Carrell
N Carter N Chambless N Chance Y Cheeks N Childers
Y Clark.B N Clark,H
Clark.L N Coleman
Colwell N Connell E Couch
N Crawford N Crosby N Cummings,B Y Cummings.M Y Davis,C Y Davis.G

N Davis.M
N Dixon.H N Dixon,S N Dobbs N Dover N Dunn N Edwards
N Ehrhart Felton
N Fennel N Floyd,J.M N Floyd,J.W N Foster
NGodbee Y Goodwin N Green
Greene Gresham N Griffin
N Groover N Hamilton N Manner N Harris N Hasty N Heard

N Herbert N Holcomb
Holland Y Holmes
Hooks N Howren
N Hudson NIrwin N Isakson N JacksonJ N Jackson.W N Jamieson N Jenkins Y Johnson
N Jones N Kilgore Y Kingston
Lane.D NLane.R
N Langford N Lawrence N Lawson NLee Y Linder NLong

Lord N Lucas Y Lupton
Mangum
N Martin NMcCoy N McDonald N McKelvey Y McKinney,B Y McKinney.C N Meadows
Milam N Mobley
N Moody NMorton N Moultrie N Mueller N Oliver.C N OUver,M YOrr YOrrock N Padgett N Pannell N Parham N Parrish

MONDAY, FEBRUARY 26, 1990

1803

Patten N Pettit
Pinkston
N Poag N Porter N Poston N Powell Y Randall N Ransom
Ray
N Reaves

Y Redding N Richardson N Ricketson
N Robinson N Royal
Selman N Simpson Y Sinkfield N Smith,L NSmith,P
Smith,T

N Smith,W Y Smyre N Snow
N Stancil,F Stancil,S
Y Stanley Steele Stephens
N Streat N Teper
N Thomas.C

Y Thomas.M N Thompson
Thuimond
N Titus N Tolbert Y Townsend N Twiggs N Vaughan N Waddle Y Walker.C
N Walker,L

N Wall Ware
N Watson
N Watts Y White Y Wilder
Williams,B Williams,J N Yates N Yeargin
Murphy,Spkr

On the adoption of the Floor substitute, the ayes were 31, nays 119. The Floor substitute was lost.

The following substitute, offered by Representative Brooks of the 34th, was read:

A BILL

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges; to provide for limited voting; to provide for nonpartisan, plurality elections; to provide for qualification of candidates; to provide for the time and method of election and related practices and procedures; to provide for registration of voters; to provide for the number of judgeships for each circuit and the number of votes to be cast by each elector; to provide for other related matters; to provide for effectiveness and an effective date to be conditioned upon ratification of a certain constitutional amendment; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, is amended by striking the Code section in its entirety and inserting in its place a new Code section to read as follows:
"15-6-2. The number of superior court judgeships for each of the judicial circuits shall be as shown in the following table. Each elector in each judicial circuit shall in the nonpartisan superior court judges' election vote for the number of candidates shown in the following table.

Number of

Number of

Votes Cast by

Judicial Circuit

Judgeships

Each Elector

Alapaha Circuit...............................................2 ...................................................................1

Alcovy Circuit .................................................2 ...................................................................1

Appalachian Circuit .......................................2 ...................................................................1

Atlanta Circuit..............................................l3 ...................................................................7

Atlantic Circuit...............................................4 ...................................................................2

Augusta Circuit...............................................5 ...................................................................2

Blue Ridge Circuit .........................................2 ...................................................................1

Brunswick Circuit...........................................4 ...................................................................2

Chattahoochee Circuit ...................................5 ...................................................................2

Cherokee Circuit.............................................3 ...................................................................1

Clayton Circuit ...............................................4 ...................................................................1

Cobb Circuit....................................................? ...................................................................1

Conasauga Circuit ..........................................3 ...................................................................1

CordeleCircuit................................................2 ...................................................................1

Coweta Circuit................................................3 ...................................................................1

Dougherty Circuit...........................................2 ...................................................................1

Douglas Circuit ...............................................2 ...................................................................1

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JOURNAL OF THE HOUSE,

Dublin Circuit.................................................2 ...................................................................1 Eastern Circuit ...............................................5 ...................................................................2 Flint Circuit ....................................................2 ...................................................................1 Griffin Circuit.................................................3 ...................................................................1 Gwinnett Circuit.............................................5 ...................................................................1 Houston Circuit ..............................................2 ...................................................................1 Lookout Mountain Circuit............................3 ......,............,...............................................! Macon Circuit .................................................4 ...................................................................2 Middle Circuit ................................................2 ...................................................................I Mountain Circuit............................................2 ...................................................................1 Northeastern Circuit......................................3 ...................................................................1 Northern Circuit.............................................2 ...................................................................1 Ocmulgee Circuit............................................3 ...................................................................2 Oconee Circuit ................................................2 ...................................................................1 Ogeechee Circuit.............................................2 ...................................................................1 Pataula Circuit................................................2 ...................................................................1 Piedmont Circuit............................................2 ...................................................................1 Rockdale Circuit.............................................! ...................................................................1 Rome Circuit...................................................3 ...................................................................1 South Georgia Circuit....................................2 ...................................................................1 Southern Circuit.............................................4 ...................................................................2 Southwestern Circuit .....................................2 ...................................................................1 Stone Mountain Circuit ................................9 ...................................................................3 Tallapoosa Circuit..........................................2 ...................................................................1 Tifton Circuit..................................................2 ...................................................................1 Toombs Circuit...............................................2 ...................................................................1 Waycross Circuit ............................................3 ...................................................................1 Western Circuit ..............................................2 .................................................................1"
Section 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by striking Code Section 21-2-9, relating to date of election of certain officers, and inserting in its place a new Code section to read as follows:
"21-2-9. The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges ef the superior courts, district attorneys, members of the General Assembly, and county officers shall be elected in the November election next preceding the expiration of the term of office."
Section 3. Said chapter is further amended by striking Code Section 21-2-130, relating to procedures for qualification of candidates, and inserting in its place a new Code section to read as follows:
"21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nomi-
nee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172;
(3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180;
(4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party;
(5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively;

MONDAY, FEBRUARY 26, 1990

1805

(6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132;
(7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; er
(8) Nomination in a nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138; ] or
(9) Candidacy in a nonpartisan superior court judges' election."
Section 4. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 21-2-131, relating to qualifying fees, and inserting in its place a new paragraph to read as follows:
"(2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his notice of candidacy for a general or special election or nonpartisan superior court judges' election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;".
Section 5. Said chapter is further amended by striking subsections (b) and (b.l) of Code Section 21-2-132, relating to qualifying, and inserting in their place new subsections to read as follows:
"(b) Candidates seeking nomination in a nonpartisan primary for the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court and all candidates seeking election in the nonpartisan superior court judges' election shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary or election ballots.
(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary or election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge ef the superior court, Judge of the Court of Appeals^ or Justice of the Supreme Court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
(2) Each candidate for the office of superior court judge, or his agent, desiring to have his name placed on the nonpartisan election ballot shall file a notice of his candidacy, giving his name, residence address, and the office he is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April;
{2} (3) Each candidate for the office of judge of a state court, or his agent, desiring to have his name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April."

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JOURNAL OF THE HOUSE,

Section 6. Said chapter is further amended by striking paragraph (4) of subsection (d) of said Code Section 21-2-132 and inserting in its place a new paragraph to describe a class of candidates for whom nomination petitions are not required and to read as fol-
lows: "(4) A candidate seeking election to the office of judge of a state court, judge ef a
superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonopra"r.tisan primary; or a candidate seeking election to the office of superior court judge;

Section 7. Said chapter is further amended by striking subsection (b) of Code Section 21-2-135, relating to designation of the specific office sought by a candidate, and inserting in its place new subsections (b) and (c) to read as follows:
"(b) In the case of the office of judge of a state court, judge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections.
(c) This Code section shall not apply with respect to candidates for election to the office of superior court judge."
Section 8. Said chapter is further amended by striking Code Section 21-2-136, relating to restriction of the number of offices sought by a candidate, and inserting in its place a new Code section to read as follows:
"21-2-136. (a) No person shall be nominated, nor shall any person be a candidate in a primary or election, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, judge of the probate court, clerk of the superior court, tax commissioner, tax collector, sheriff, judge ef the superior court, county treasurer, county school superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly.
(b) No superior court judge-elect or person who is a candidate for the office of superior court judge shall in the same year be a candidate in a primary or election for any office referred to in subsection (a) of this Code section."
Section 9. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan judicial primaries and elections, and inserting in its place a new Code Section to read as follows:
"21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of jttdge ef a superior court, Judge of the Court of Appeals^ or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary to be held and conducted jointly with the general primary in each even-numbered year. The names of candidates nominated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan judicial candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and

MONDAY, FEBRUARY 26, 1990

1807

21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, judges ef superior courts; Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections."
Section 10. Said chapter is further amended by adding, immediately after Code Section 21-2-138, a new Code Section 21-2-138.1 to read as follows:
"21-2-138.1. (a) The provisions of this Code section shall, with respect to the election of superior court judges, control over any other conflicting provision of law.
(b) The term of office of each superior court judge who is in office on December 31, 1992, shall terminate as of Midnight on December 31, 1992. A successor to each such superior court judge shall be elected in 1992 and quadrennially thereafter at the superior court judges' election provided for in this Code section; and each superior court judge so elected shall take office on the first day of January next following his or her election for a term of four years. All superior court judges shall, however, serve until their successors are elected and qualified.
(c) In 1992 and quadrennially thereafter a superior court judges' election shall be held and conducted jointly with the general primary. Such election shall be a nonpartisan election; and no candidates for the office of superior court judge shall be nominated by a political party or by petition as candidates of a political body or as independent candidates.
(d) In the nonpartisan superior court judges' election, candidates for such office shall have their names placed on the nonpartisan portion of each political party's ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan candidates for superior court judge for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in the nonpartisan election as provided in Code Section 21-2-284.1.
(e) In the nonpartisan superior court judges' election, no candidate in a multi-judge superior court circuit shall in any manner designate a particular post for which he is running. In each superior court circuit, the number of judges elected shall be as fixed in Code Section 15-6-2. In each superior court circuit, each elector shall cast his or her vote for the number of candidates fixed in Code Section 15-6-2. If an elector votes for more than the number of candidates allowed by Code Section 15-6-2, then all of his or her votes for candidates for superior court judge shall be void and shall not be counted; but if an elector votes for fewer than the number of candidates allowed by Code Section 15-6-2, then all his or her votes for candidates for superior court judge shall be valid and shall be counted.
(f) (1) (A) There shall be no majority vote requirement for election to the office of superior court judge. In each judicial circuit the candidates shall be ranked according to the number of votes received, with the candidate receiving the higher number of votes having the lower rank, so that the candidate receiving the highest number of votes shall be ranked No. 1, the candidate receiving the next highest number of votes shall be ranked No. 2, and other candidates shall be ranked in the same manner according to descending numbers of votes received. Those candidates whose rank is represented by a number equal to or lower than the number of judgeships to be filled in each circuit shall be elected as the judges for that circuit. (B) As an illustration of the provisions of subparagraph (A) of this paragraph: (i) in a circuit having one judgeship, the top vote getter shall be elected; (ii) in a circuit having two judgeships, the top two vote getters shall be elected; and (iii) in a circuit having (X) number of judgeships, the top (X) number of vote getters shall be elected.

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JOURNAL OP THE HOUSE,

(2) (A) There shall be no run-off elections for superior court judgeships except in a case where: (i) there is an exact tie in the number of votes received by two or more candidates; and (ii) such tied candidates are, according to the ranking system of this subsection, tied for election to a number of judgeships which is less than the number of tied candidates. In all other cases ties shall be disregarded and the tied candidates shall be ranked arbitrarily.
(B) As illustrations of the provisions of subparagraph (A) of this paragraph: (i) In a circuit with three judgeships and two candidates exactly tied for
the No. 2 ranking, the tie shall be disregarded, the tied candidates shall be arbitrarily ranked as No. 2 and No. 3, and both tied candidates shall be elected;
(ii) In a circuit with three judgeships and two or more candidates tied for a ranking of No. 4 or higher, the tie shall be disregarded, the tied candidates shall be ranked arbitrarily as among themselves, and none of the tied candidates shall be elected;
(iii) In a circuit with three judgeships and two or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates for the No. 3 ranking and the candidate winning the runoff shall be elected; and
(iv) In a circuit with four judgeships and three or more candidates tied for the No. 3 ranking, there shall be a runoff between the tied candidates and the two top vote getters in the runoff shall be elected. (C) Any run-off election shall be conducted in the same manner as the original election, except that each elector of the circuit shall cast his vote for one candidate, (g) Except as otherwise specified in this Code section, the procedures to be employed in conducting the nonpartisan election of superior court judges shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."
Section 11. Said chapter is further amended by striking subsection (b) of Code Section 21-2-150, relating to dates of primaries, and inserting in its place a new subsection to read as follows:
"(b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge ef the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section."
Section 12. Said chapter is further amended by striking subsection (b) of Code Section 21-2-151, relating to authorization for primaries, and inserting in its place a new subsection to read as follows:
"(b) Candidates for the office of judge of the state courts, judge ef the superior courts, Judge of the Court of Appeals, or Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates' names will be listed on the ballot."
Section 13. Said chapter is further amended by adding at the end of Code Section 21-2-155, relating to reopening of qualification, a new subsection (c) to read as follows:
"(c) In the event of the death of a candidate prior to the date of a nonpartisan superior court judges' election, the Secretary of State shall reopen qualifications for a period of not less than one nor more than three days."
Section 14. Said chapter is further amended by striking subsection (a) of Code Section 21-2-227, relating to registration for primaries and elections other than November elections, and inserting in its place a new subsection to read as follows:
"(a) If any person whose name is not on such registration list desires to vote at any general primary or any nonpartisan superior court judges' election or any general election other than a November general election, he shall, 30 days prior to the primary or

MONDAY, FEBRUARY 26, 1990

1809

election at which he desires to vote, apply to be registered as an elector; and his application shall be processed in the same manner as the application of persons qualifying to vote in a November general election."
Section 15. Said chapter is further amended by striking Code Section 21-2-284.1, relating to nonpartisan primary ballots for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-284.1. (a) The names of all candidates seeking nomination in the nonpartisan primary for the office of judge of a state court, jwdge ef a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed next to last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary for judges to have printed in prominent type the
words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (") mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this subsection. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office.
(b) The names of all candidates seeking election in the nonpartisan election for the office of superior court judge shall be printed on the ballot of each political party; and insofar as practicable such offices shall be separated from the names of the primary candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan election for superior court judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BAL-
LOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (") mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for
a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for the office of superior court judge. The incumbency of a nonpartisan candidate seeking nomination for the public office he then holds shall be indicated on the ballots by printing the word 'Incumbent' beside his name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan election."

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JOURNAL OF THE HOUSE,

Section 16. Said chapter is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections for judicial offices, and inserting in its place a new Code section to read as follows:
"21-2-285.1. The names of all candidates nominated in the nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election of judges to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (^) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a per-
son whose name is not on the ballot, manually write his name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil." Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates for judges are to be placed on a runoff ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election of judges. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
Section 17. Said chapter is further amended by striking subsections (g), (h), and (i) of Code Section 21-2-325, relating to form of ballot labels on voting machines, and inserting in their place new subsections to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column, to the left or top of which shall be a straight party or body lever by means of which an elector may, in one operation, vote for all the candidates of that party or body for every office to be voted for, with the exception of candidates for the offices of presidential electors. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, jttdge ef a superior court,- Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(h) (1) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285.

MONDAY, FEBRUARY 26, 1990

1811

(2) In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.'
(3) For nonpartisan superior court judges' elections, the ballot labels shall include a separate portion for the names of candidates seeking election to the office of superior court judge and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
(i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination and election in a nonpartisan primary for state ad county judicial offices and nonpartisan election, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination and election in a nonpartisan primary and election for state and county judicial offices shall appear on all machines."
Section 18. Said chapter is further amended by striking subsection (a) of Code Section 21-2-501, relating to election by majority vote, and inserting in its place a new subsection to read as follows:
"(a) Except as otherwise provided in this Code section and Code Section 21-2-138.1, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such office which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election, provided that unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office he seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The run-off primary or run-off election shall be a continuation of the primary or election for the particular office concerned, and only the electors who were entitled to vote in the primary or election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such runoff primary or run-off election shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235."

Section 19. This Act shall become effective only if there is ratified at the 1990 general election a constitutional amendment which by its terms authorizes the General Assembly to shorten the terms of certain superior court judges so as to change the method of

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election of superior court judges. If such a constitutional amendment is so ratified this Act shall become effective January 1, 1991, and otherwise this Act shall not take effect.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams
Aiken N Alford
Y Alien N Athon N Atkins N Bailey
Baker N Balkcom N Bannister
Barfoot Bargeron N Barnett,B N Barnett,M N Bates
NBeck N Benefield
Benn N Birdsong Y Bishop N Bostick
N Branch N Breedlove Y Brooks Y Brown N Buck N Buford
NByrd N Campbell N Carrell N Carter N Chambless N Chance N Cheeks

N Childers
Y Clark,B N Clark.H
Clark,L Coteman Colwell N Connell E Couch N Crawford
N Crosby N Cummings.B Y Cummings.M
N Davis.C Y Davis.G N Davis,M N Dixon.H N Dixon.S NDobbs N Dover N Dunn
N Edwards N Ehrhart
Felton
N Fennel N Floyd,J.M N Floyd,J.W N Foster NGodbee YGoodwin
N Green Greene Gresham
N Griffin N Groover N Hamilton
Manner

N Harris N Hasty N Heard N Herbert N Holcomb
Holland Y Holmes
Hooks N Howren N Hudson N Irwin
N Isakson N Jackson,J N Jackson.W N Jamieson
Jenkins Y Johnson N Jones N Kilgore
Kingston
Lane.D NLane,R N Langford
N Lawrence N Lawson
NLee Y Linder NLong
Lord
N Lucas Y Lupton
Mangum N Martin N McCoy N McDonald N McKelvey

Y McKinney.B Y McKinney.C N Meadows
Milam Y Mobley
N Moody N Morion N Moultrie N Mueller N Oliver.C N Oliver.M YOrr Y Orrock N Padgett N Pannell N Parham N Parrish
Patten
N Pettit Pinkston
NPoag N Porter NPoston N Powell
YRandall N Ransom YRay N Reaves Y Redding N Richardson N Ricketson N Robinson N Royal
Selman N Simpson Y Sinkfleld

N Smith.L N Smith,P
Smith.T N Smith,W YSmyre
N Snow N StanciLF
N Stancil,S Y Stanley
Steele Stephens
Streat NTeper N Thomas.C Y Thomas,M N Thompson
Thurmond N Titus
N Tolbert Y Townsend
Twiggs N Vaughan N Waddle Y Walker.C N Walker,L N Wall
Ware N Watson N Watts Y White Y Wilder
Williams.B Williams.J
NYates N Yeargin
Murphy,Spkr

On the adoption of the Floor substitute, the ayes were 30, nays 116. The Floor substitute was lost.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend HB 1969 as follows: By striking "subsection (d) of on line 28 page 8.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy Y Adams Y Aiken Y Alford N Alien
Y Athon

Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Bargeron

Y Barnett,B Y Barnett.M
N Bates YBeck Y Benefield
Benn Y Birdsong

Y Bishop
Y Bostick Y Branch Y Breedlove N Brooks N Brown YBuck

Y Buford
YByrd Y Campbell
Y Carrell
Y Carter Y Chambless
Y Chance

MONDAY, FEBRUARY 26, 1990

1813

Y Cheeks Y Childers N Clark,B Y Claik.H Y CIark,L Y Coleman
Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings,B N Cummings.M Y Davis,C N Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd^J.W
Y Foster N Godbee

Y Goodwin
Y Green Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Banner
Harris
Y Hasty Y Heard Y Herbert Y Holcomb N Holland N Holmes
Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J
Y Jackson,W Y Jamieson N Jenkins
N Johnson Y Jones Y Kilgore
Kingston Lane,D

YLane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder
YLong Lord
N Lucas Y Lupton
Mangum Y Martin YMcCoy Y McDonald Y McKelvey
N McKinney.B N McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M NOrr N Orrock Y Padgett

Y Pannell
YParham Y Parrish
Patten Y Pettit Y Pinkston
NPoag Y Porter
Y Postal Y Powell NRandall Y Ransom NRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson N Sinkfield Y Smith,L Y Smith,P
Smith.T Y Smith,W YSmyre YSnow Y Stancil,F

Stancil,S N Stanley
Steele Y Stephens
Streat YTeper Y Thomas.C N Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle N Walker.C Y Walker,L Y Wall
Ware Y Watson
Y Watts N White Y Wilder Y Williams.B
Williams.J N Yates
Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 129, nays 27.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1143. By Representatives Mangum of the 57th, Athon of the 57th, Smith of the 152nd and Hamilton of the 124th:
A bill to amend Code Section 20-2-270 of the Official Code of Georgia Annotated, establishing a state-wide network of regional educational service agencies, so as to change the assistance to be provided to member local school systems.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1663.

By Representative Buford of the 103rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for the continuation of certain personnel positions in the offices of district attorneys under certain circumstances; to provide for position transfers.

The following substitute, offered by Representative McKinney of the 35th, was read and withdrawn:

A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-member districts

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JOURNAL OF THE HOUSE,

in the judicial circuits; to provide for nonpartisan elections and terms of office; to provide for residency requirements for superior court judges; to provide for the election of a superior court judge by the electors of the single-member district in which the judge is to serve; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-2, which reads as follows:
"15-6-2. The number of judges for each of the superior courts for each of the judicial circuits shall be as follows:
(1) Alapaha Circuit..................................................................................................... 2 (2) Alcovy Circuit........................................................................................................ 2 (2.1) Appalachian Circuit........................................................................................... 2 (3) Atlanta Circuit...................................................................................................... 13 (4) Atlantic Circuit..................................................................................................... 4 (5) Augusta Circuit..................................................................................................... 5 (6) Blue Ridge Circuit................................................................................................ 2 (7) Brunswick Circuit................................................................................................. 4 (8) Chattahoochee Circuit.......................................................................................... 5 (9) Cherokee Circuit................................................................................................... 3 (10) Clayton Circuit...................................................................................................... 4 (11) Cobb Circuit.......................................................................................................... 7 (12) Conasauga Circuit................................................................................................. 3 (13) Cordele Circuit...................................................................................................... 2 (14) Coweta Circuit...................................................................................................... 3 (15) Dougherty Circuit................................................................................................. 2 (15.1) Douglas Circuit................................................................................................. 2 (16) Dublin Circuit....................................................................................................... 2 (17) Eastern Circuit...................................................................................................... 5 (18) Flint Circuit........................................................................................................... 2 (19) Griffin Circuit....................................................................................................... 3 (20) Gwinnett Circuit................................................................................................... 5 (21) Houston Circuit.................................................................................................... 2 (22) Lookout Mountain Circuit.................................................................................. 3 (23) Macon Circuit....................................................................................................... 4 (24) Middle Circuit....................................................................................................... 2 (25) Mountain Circuit.................................................................................................. 2 (26) Northeastern Circuit............................................................................................ 3 (27) Northern Circuit................................................................................................... 2 (28) Ocmulgee Circuit.................................................................................................. 3 (29) Oconee Circuit....................................................................................................... 2 (30) Ogeechee Circuit................................................................................................... 2 (31) Pataula Circuit...................................................................................................... 2 (32) Piedmont Circuit.................................................................................................. 2 (32.1) Rockdale Circuit.............................................................................................. 1 (33) Rome Circuit......................................................................................................... 3 (34) South Georgia Circuit.......................................................................................... 2 (35) Southern Circuit................................................................................................... 4 (36) Southwestern Circuit........................................................................................... 2 (37) Stone Mountain Circuit....................................................................................... 9 (38) Tallapoosa Circuit................................................................................................ 2 (39) Tifton Circuit........................................................................................................ 2 (40) Toombs Circuit..................................................................................................... 2 (41) Waycross Circuit................................................................................................... 3 (42) Western Circuit........................................................................................................ 2", in its entirety and inserting in lieu thereof a new Code Section 15-6-2 to read as follows:

MONDAY, FEBRUARY 26, 1990

1815

"15-6-2. (a) The judges of the superior courts for each of the judicial circuits shall

be elected on a nonpartisan basis for a term of four years from single-member districts.

For the purpose of electing such judges, each judicial circuit shall be divided into elec-

tion districts as follows:

(1) Alapaha Circuit

District 1

(To be inserted)

District 2

(2) Alcovy Circuit District 1
District 2

(3) Appalachian Circuit District 1
District 2

(4) Atlanta Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13

(5) Atlantic Circuit District 1 District 2
District 3 District 4

(6) Augusta Circuit District 1 District 2 District 3 District 4 District 5

(7) Blue Ridge Circuit District 1
District 2

(8) Brunswick Circuit District 1 District 2 District 3 District 4

(9) Chattahoochee Circuit District 1 District 2 District 3 District 4 District 5

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JOURNAL OF THE HOUSE,

(10) Cherokee Circuit District 1 District 2 District 3
(11) Clayton Circuit District 1 District 2 District 3 District 4
(12) Cobb Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7
(13) Conasauga Circuit District 1 District 2 District 3
(14) Cordele Circuit District 1 District 2
(15) Coweta Circuit District 1 District 2 District 3
(16) Dougherty Circuit District 1 District 2
(17) Douglas Circuit District 1 District 2
(18) Dublin Circuit District 1 District 2
(19) Eastern Circuit District 1 District 2 District 3 District 4 District 5
(20) Flint Circuit District 1 District 2
(21) Griffin Circuit District 1 District 2 District 3

MONDAY, FEBRUARY 26, 1990

1817

(22) Gwinnett Circuit District 1 District 2 District 3 District 4 District 5
(23) Houston Circuit District 1 District 2
(24) Lookout Mountain Circuit District 1 District 2 District 3
(25) Macon Circuit District 1 District 2 District 3 District 4
(26) Middle Circuit District 1 District 2
(27) Mountain Circuit District 1 District 2
(28) Northeastern Circuit District 1 District 2 District 3
(29) Northern Circuit District 1 District 2
(30) Ocmulgee Circuit District 1 District 2 District 3
(31) Oconee Circuit District 1 District 2
(32) Ogeechee Circuit District 1 District 2
(33) Pataula Circuit District 1 District 2
(34) Piedmont Circuit District 1 District 2
(35) Rockdale Circuit District 1

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(36) Rome Circuit District 1 District 2 District 3
(37) South Georgia Circuit District 1 District 2
(38) Southern Circuit District 1 District 2 District 3 District 4
(39) Southwestern Circuit District 1 District 2
(40) Stone Mountain Circuit District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9
(41) Tallapoosa Circuit District 1 District 2
(42) Tifton Circuit District 1 District 2
(43) Toombs Circuit District 1 District 2
(44) Waycross Circuit District 1 District 2 District 3
(45) Western Circuit District 1 District 2
(b) At the time of his election, a judge must be a resident of the circuit in which he is to serve. Each judge shall be elected only by the voters of his judicial district.
(c) The first judges elected pursuant to this Code section shall be those who are elected at the November, 1990, general election to take office on the first day of January, 1991. The remaining judges whose terms of office normally expire on December 31, 1992, shall remain in office until the normal expiration of their terms and until their successors are elected and qualified pursuant to this Code section and shall continue to serve in the judicial circuits from which elected. The provisions of this Code section shall be effective for the nonpartisan primary and general elections of 1990 for the purpose of electing judges in 1990 who are to take office in 1991 and for the nonpartisan

MONDAY, FEBRUARY 26, 1990

1819

primary and general elections of 1992 for the purpose of electing judges in 1992 who are to take office in 1993. Successors to those judges elected in 1990 and successors to the judges elected in 1992 shall likewise be elected under this Code section.
(d) For the purposes of this Code section: (1) The terms 'Census County Division,' 'Tract,' 'Census Tract,' 'Block Group,' and
'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any judicial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (e) Any part of the State of Georgia which is not included in any judicial district described in this Code section shall be included within that judicial district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."
Section 2. Said article is further amended by striking Code Section 15-6-4.1 in its entirety and inserting in lieu thereof a new Code Section 15-6-4.1 to read as follows:
"15-6-4.1. Each judge of the superior courts shall be elected by the electors of the judicial circuit single-member district in which the judge is to serve."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1834.

By Representatives Holland of the 136th, Moultrie of the 93rd and Poston of the 2nd:
A bill to amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to the renouncement of succession, so as to provide that the document stating such renouncement shall be delivered to the transferor or his personal representative by hand delivery or by mail.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HR 574. By Representative Smith of the 78th: A resolution compensating Mr. Chris A. Smith.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 682. By Representative Smith of the 16th: A resolution compensating the Richard B. Russell Airport.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 719. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 776. By Representative Childers of the 15th: A resolution compensating Mr. Hoyt L. Nelson.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 785. By Representative Powell of the 145th: A resolution compensating Mr. Harold O. Day.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 785 by striking on 1. 19, p. 1 the figure $3,681.00 and inserting in lieu thereof $2,409.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 786. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Rebecca Jane Miller.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 787. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Melissa D. Walker.

MONDAY, FEBRUARY 26, 1990

1821

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 787 by striking on line 22, page 1 the figure $1,308.03 and inserting in lieu thereof $410.03.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 848. By Representatives Hudson of the 117th and Birdsong of the 104th: A resolution designating the Everett Floyd Dykes Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 92, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 909. By Representative Edwards of the 112th: A resolution designating the Eloise Wooldridge Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, McDonald of the 12th and others:
A resolution relative to establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; establishing a conference steering committee.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 101, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1827.

By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE,

A BILL
To amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals; to change certain exceptions from such requirements; to provide that such requirements shall not be construed as prohibiting local governments from enacting ordinances which provide stricter requirements; to provide for legislative findings and purpose; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, is amended by striking Code Section 8-2-1, relating to requirements for toilets, shower heads, and faucets, in its entirety and inserting new Code Sections 8-2-1, 8-2-2, and 8-2-3 to read as follows:
"8-2-1. The General Assembly finds that an adequate supply of clean drinking water is a precious and essential resource upon which life depends. The General Assembly further finds that the average annual per capita consumption of potable water due to indoor water-using activities in the United States exceeds 18,000 gallons and that the demand for clean water supplies continues to increase despite the limitations of availability and affordability of such supplies. The General Assembly further finds that technology is available to improve the efficiency of plumbing products.
8-2-2. The purposes of this part are as follows: (1) To promote greater efficiency in residential and commercial water use and pre-
serve the natural resources of this state; (2) To reduce consumer water and energy costs by reducing indoor water use,
reducing the need for new water supplies and treatment facilities, lowering operation and maintenance costs for water and sewer utilities, and reducing the amount of energy used to heat, treat, and transport water; and
(3) To generate consumer awareness of the need to save water and of the savings that can result from the use of efficient plumbing products. 8-2-1. 8-2-3. (a) As used in this Code section, the term 'construction' means the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building^ btrt such word dees net mean and shall net include the ere replacement of a malfunctioning, unserviceable, or obsolete faucet, shower head, or toilet in an existing building. (b) After July 1, 1080 1991, there shall not be initiated within this state the construction of any building of any type which:
(1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that
uses more than an average of tM 1.6 gallons of water per flush; er (2) Employs a shower head er faucet that allows a flow of more than an average
of 3r6 2.5 gallons of water per minute at 60 pounds per square inch of pressure; \
(3) Employs a urinal that uses more than an average of 1.0 gallon of water per flush;
(4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or
(5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute.
(c) The requirements of subsection (b) of this Code section shall apply to any construction initiated after July 1, 1080 1091, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both.
(d) Counties and municipalities are authorized and directed to provide by ordinance for an exemption to the requirements of subsections (b) and (c) of this Code section, relative to new construction and to the repair or renovation of an existing building, under the following conditions:

MONDAY, FEBRUARY 26, 1990

1823

(1) When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets, or shower heads within such existing building;
(2) When such plumbing or sewage system within such existing building, because of its capacity, design, or installation, would not function properly if the toilets, faucets, or shower heads required by this part were installed;
(3) When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or
(4) When units to be installed are: (A) Specifically designed for use by the handicapped; (B) Specifically designed to withstand unusual abuse or installation in a penal
institution; or \\^j j VV 8ll"liuiij5 tfliiK typc toilets j (B) One-piece, tow-profile toilets; er {E) (C) Toilets for juveniles.
(e) The ordinances adopted by counties and municipalities pursuant to subsection (d) of this Code section shall provide procedures and requirements to apply for the exemption authorized by said subsection.
(f) This Code section shall not apply to any construction the contract for which was entered into prior to July 1, 4986 1991.
(g) Any person who installs any toilet, faucet, urinal, or shower head in violation of this Code section shall be guilty of a misdemeanor.
(h) The provisions of this Code section shall not be construed to prohibit counties or municipalities from enacting local ordinances which provide requirements which are more stringent than the requirements of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Bates YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch N Breedlove
Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell

Y Carter
Y Chambless Y Chance
Cheeks Y Childers
Clark,B Y Clark,H
Clark.L Y Coleman Y Colwell Y Connell
E Couch Y Crawford
Crosby Cummings,B Cummings,M N Davis.C
Y Davis.G
Y Davis,M Dixon,H
Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee

Good win Y Green
N Greene Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson
Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D
Lane.R Y Langford Y Lawrence

Y Lawson
YLee Y Linder YLong YLord
N Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell YParham
YParrish Patten
Y Pettit Y Pinkston

Y Porter Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson
Robinson Royal Y Selman Simpson Y Sinkfield Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley YSteele Y Stephens
Streat YTeper
Y Thomas.C Y Thomas.M Y Thompson

1824

JOURNAL OF THE HOUSE,

Thurmond
Y Titus Y Tolbert Y Townsend

Y Twiggs
Y Vaughan Y Waddle
Walker.C

Y Walker.L
Y Wall Ware
Y Watson

Y Watts Y White Y Wilder Y Williams,B

Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 141, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lucas of the 102nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.
HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams N Aiken
Y Alford Y Alien N Athon
Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett.B N Barnett,M
Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck
Y Buford Byrd
Y Campbell Y Carrell Y Carter
Chambless
Y Chance Cheeks

Y Childers Clark,B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings,M Y Davis.C
Davis.G N Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore
Kingston YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong
Lord N Lucas
Lupton N Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam
Mobley Y Moody YMorton
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit Y Pinkston YPoag
Porter
YPoston Y Powell
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith.P Y Smith,T Y Smith.W
Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 140, nays 6. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 26, 1990

1825

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 278. By Representative Felton of the 22nd:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an exception for certain municipal corporations.

Representative Aaron of the 56th moved that HB 278 be placed upon the table On the motion to table, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams N Aiken Y Alford N Alien
N Athon N Atkins N Bailey Y Baker
Balkcom N Bannister
Y Barfoot N Bargeron N Barnett,B N Barnett.M N Bates
Beck N Benefield YBenn N Birdsong Y Bishop N Bostick N Branch N Breedlove Y Brooks
Brown NBuck N Buford NByrd
N Campbell N Carrell N Carter N Chambless N Chance
Cheeks

Y Childers
Y Clark.B N Clark,H N Clark.L
Coleman Colwell
N Connell E Couch
Crawford Crosby N Cummings,B Y Cummings,M
N Davis.C Y Davis.G N Davis.M N Dixon,H N Dixon,S N Dobbs N Dover YDunn N Edwards N Ehrhart N Felton N Fennel
N FIoyd,J.M N Floyd,J.W
Foster Y Godbee N Goodwin N Green N Greene
Gresham Griffin Y Groover Y Hamilton Manner

N Harris
N Hasty N Heard N Herbert N Holcomb N Holland Y Holmes N Hooks N Howren N Hudson NIrwin N Isakson N Jackson,J N Jackson,W N Jamieson N Jenkins
Johnson N Jones
Kilgore Kingston N Lane,D Lane.R Langford N Lawrence N Lawson NLee N Linder N Long Lord Y Lucas N Lupton
N Mangum Y Martin N McCoy
McDonald Y McKelvey

Y McKinney.B
Y McKinney.C N Meadows YMilam N Mobley N Moody N Morton
Moultrie N Mueller N Oliver.C Y Oliver.M NOrr
YOrrock N Padgett
Pannell NParham
N Parrish Patten
N Pettit N Pinkston NPoag
Porter NPoston N Powell YBandall N Ransom NRay N Reaves
Redding Y Richardson N Ricketson N Robinson N Royal NSelman N Simpson Y Sinkfield

N Smith.L
N Smith.P N Smith.T N Smith, W NSmyre NSnow N Stancil.F N Stancil,S N Stanley N Steele Y Stephens
Streat NTeper N Thomas,C
Thomas.M N Thompson
Thurmond N Titus N Tolbert N Townsend NTwiggs N Vaughan N Waddle Y Walker.C
Y Walker,L N Wall
Ware N Wateon N Watts N White
N Wilder N Williams.B
WiUiams,J N Yates
Yeargin Murphy.Spkr

On the motion, the ayes were 31, nays 117. The motion was lost.

The following amendment was read:

The Committee on State Planning and Community Affairs moves to amend HB 278 by striking on line 17 of page 1 the number "290,000" and inserting in lieu thereof the number "300,000".
"199B0"y. striking on line 21 on page 1 the date "1989" and inserting in lieu thereof the date

1826

JOURNAL OF THE HOUSE,

The following amendment was read:
Representative Isakson of the 21st moves to amend the Committee amendment to HB 278 as follows:
By striking lines 3 through 5.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey N Baker
Balkcom Y Bannister
YBarfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Beck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks
Brown
YBuck Buford
YByrd Y Campbell Y Carrell Y Carter
Chambless Y Chance
Cheeks

Y Childers
N Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell
E Couch Crawford Crosby
Y Cummings,B Y Cummings.M
Y Davis,C N Davis.G Y Davis.M
Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Godbee YGoodwin Y Green
Y Greene Gresham
Y Griffin
N Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland N Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins N Johnson Y Jones
Kilgore Kingston YLane,D
YLane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder
YLong Lord
N Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

N McKinney,B N McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
N Orrock Y Padgett
Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston
NPoag Y Porter YPoston Y Powell
Randall
Y Ransom YRay Y Reaves
Redding N Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson N Sinkfield

On the adoption of the amendment, the ayes were 135, nays 16. The amendment was adopted.

Y Smith,L Y Smith.P
Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B
Williams.J YYates Y Yeargin
Murphy,Spkr

An amendment, offered by Representative Groover of the 99th was read and withdrawn.

The Committee amendment, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams Y Aiken

N Alford Y Alien
Y Athon Y Atkins

N Bailey N Baker
Balkcom Y Bannister

Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M

Y Bates Beck
Y Benefield NBenn

MONDAY, FEBRUARY 26, 1990

1827

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove N Brooks N Brown YBuck N Buford N Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks N Childers N Clark.B Y Clark.H Y Clark.L N Coleman
Colwell Y Connell E Couch
Crawford Crosby N Cummings,B N Cummings.M
Y Davis.C N Davis.G Y Davis.M
Dixon.H

Y Dixon,S
Y Dobbs Y Dover
Dunn Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster NGodbee Y Goodwin Y Green N Greene
Gresham Y Griffin
N Groover N Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland N Holmes
Y Hooks Y Howien Y Hudson Ylrwin
Y Isakson

Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins N Johnson Y Jones
Kilgore
Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson NLee Y Linder YLong
Lord N Lucas Y Lupton Y Mangum N Martin N McCoy
McDonald Y McKelvey N McKinney.B N McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie

Y Mueller Y Oliver.C N Oliver,M
YOrr N Orrock Y Padgett
PanneU YParham Y Parrish
Patten Y Pettit Y Pinkston YPoag N Porter NPoston Y Powell
NRandall Y Ransom NRay Y Reaves
Redding
N Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson N Sinkfield Y Smith.L Y Smith,P Y Smith,T Y Smith,W

N Smyre YSnow Y Stancil,F
Y Stancil,S Stanley Steele
N Stephens Streat
NTeper
N Thomas,C N Thomas,M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle N Walker.C N Walker,L Y Wall
Ware
Y Watson Y Watts N White Y Wilder Y Williams,B
WiUiams,J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 108, nays 44.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Steele of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 26, 1990
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 26, 1990, by adding the following:
HB 253 Supplemental Appropriations; FY Ending 1990 HB 1203 Drug-Free Public Work Force Act of 1990; Enact HB 1272 Family Practice; Joint Board; Members Expense Allowance HB 1393 Controlled Substances; Distributing to Unborn Child; Penalty HB 1427 Accident and Sickness Insurance; Mammograms/Pap Smears; Coverage HB 1549 Parole; Notification to Victims of Crime HB 1578 Ad Valorem; Landmark Historic Prop.; Fair Market Value HB 1618 Sales Tax; Certain Dealers; Estimated Tax Liability HB 1621 Tax/License Fees; Payment; Amend Provisions HB 1640 Student Teacher; Supervisors; Support Specialists; Payment HB 1700 Ad Valorem Tax; Disapproved County Digests; Collection HB 1702 Ad Valorem Tax; Digest Disapproval; Additional Assessment HB 1756 QBE; Program Weights; Modification HB 1763 Rapid Rail Passenger Service; PSC; Jurisdiction HB 1810 Motor Vehicles; Damage to New Vehicles; Disclosure

1828

JOURNAL OF THE HOUSE,

HB 1854 Census Data; Bds. Comms., & Bodies; Membership; Congressional Dist.
HR 849 Georgia Courts Automation Commission; Create HR 930 Nat Resources Dept.; Cert. Income and Expenditures; Rpt. Req.
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Clark of the 55th moved that the House reconsider its action in giving the requisite constitutional majority to HB 278.
On the motion, the roll call was ordered, and the vote was as follows:

Y Aaron Y Abernathy Y Adams N Aiken N Alford N Alien N Athon N Atkins N Bailey Y Baker
Balkcom N Bannister N Barfoot N Bargeron N Barnett,B N Barnett.M N Bates
Beck N Benefield YBenn
Birdsong
Y Bishop N Bostick
N Branch N Breedlove Y Brooks Y Brown YBuck
Buford
NByrd N Campbell N Carrell N Carter N Chambless N Chance
Cheeks

N Childers Y Clark.B
N Clark.H N Clark.L N Coleman N Colwell N Connell E Couch
Crawford N Crosby Y Cummings,B Y Cummings,M N Davis,C Y Davis,G N Davis.M N Dixon.H N Dixon,S
Dobbs N Dover
Dunn
N Edwards NEhrhart N Felton
N Fennel N Floyd,J.M N Floyd,J.W N Foster YGodbee N Goodwin
N Green Greene Gresham
N Griffin N Groover N Hamilton
Manner

N Harris N Hasty N Heard N Herbert N Holcomb N Holland Y Holmes N Hooks N Howren N Hudson N Irwin N Isakson N Jackson,J N Jackson.W N Jamieson N Jenkins
Y Johnson Jones Kilgore Kingston
NLane.D N Lane,R N Langford N Lawrence N Lawson NLee
Linder N Long
Lord Y Lucas N Lupton N Mangum Y Martin
N McCoy N McDonald
N McKelvey

On the motion, the ayes were 31, nays 116. The motion was lost.

Y McKinney,B Y McKinney.C N Meadows
Milam
N Mobley N Moody N Morton
Moultrie N Mueller
N Oliver.C N Oliver.M
NOrr Y Orrock N Padgett
Pannell
Parham Parrish Patten N Pettit N Pinkston Poag Y Porter N Poston N Powell YRandall
N Ransom NRay N Reaves
Redding Y Richardson N Ricketson N Robinson N Royal N Selman N Simpson
Y Sinkfield

N Smith,L N Smith.P Y Smith.T N Smith,W
Smyre N Snow N Stancil,F
N Stancil,S N Stanley NSteele Y Stephens
Streat YTeper
Thomas,C Y Thomas,M N Thompson
Thurmond
N Titus N Tolbert N Townsend NTwiggs N Vaughan
N Waddle Y Walker.C N Walker,L
N Wall Ware
N Watson N Watts Y White N Wilder N Williams.B
Williams,J Yates N Yeargin Murphy,Spkr

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 253. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 1990, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.

MONDAY, FEBRUARY 26, 1990

1829

The following Committee substitute was read and adopted:

A BILL
To provide supplementary appropriations to the Department of Defense for the remainder of the State Fiscal Year ending June 30, 1990, for the payment of disaster relief claims; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The sums of money hereinafter provided are hereby appropriated as supplementary appropriations to the Department of Defense for the remainder of the State Fiscal Year ending June 30, 1990, for the payment of disaster relief claims, and are in addition to any other appropriations heretofore or hereafter made.
Budget Unit: Department of Defense Disaster Relief Payments.......................................................................................$8,800,000 Total Funds Budgeted............................................................................................$8,800,000 Federal Funds Budgeted........................................................................................$6,600,000 State Funds Budgeted ............................................................................................$2,200,000
Section 2. TOTAL STATE APPROPRIATION STATE FISCAL YEAR 1990 ..........,..............................................................................................$2,200,000
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter

Y Chambless
Y Chance
Cheeks Y Childers
Clark.B Y Clark,H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis.C
Davis.G Davis,M
Y Dixon.H Y Dixon,S YDobbs Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Y Goodwin Y Green

Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Kingston
YLane,D YLane,R Y Langford Y Lawrence YLawson YLee Y Linder

YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald
McKelvey McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley
Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M YOrr
Y Orrock Y Padgett
Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell

Randall
Ransom YRay Y Reaves
Redding Y Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith.L Y Smith,P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs

1830

JOURNAL OF THE HOUSE,

Y Vaughan Y Waddle
Walker.C

Y Walker.L Y Wall
Ware

Y Watson
Y Watts White

Wilder Y Williams.B
Williams,J

YYates
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1272.

By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th and Jackson of the 9th:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimbursement; to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimbursement of travel expenses.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck
Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd
Y Campbell Y Carrell
Y Carter Y Chambless
Chance Cheeks

Y Childers
Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Jones Y Kilgore
Kingston
YLane,D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten
Y Pettit Pinkston
YPoag Y Porter Y Postal
Y Powell YRandall
Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman Simpson
Y Sinkfield

Y Smith.L Y Smith,P
Y Smith,T Smith.W
YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley YSteele
Y Stephens Streat
YTeper Thomas,C
Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan
Waddle Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts White
Y Wilder Williams.B WilliamsJ
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 26, 1990

1831

HR 849. By Representative McDonald of the 12th: A resolution creating the Georgia Courts Automation Commission.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown YBuck
Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark.L Y Coleman Y Colwell
Y Connell E Couch Y Crawford
Y Crosby Y Cummings.B
Cummings,M
Y Davis,C Y Davis.G Y Davis.M Y Dixon.H Y Dkon,S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton Y Banner

Y Harris
Y Hasty
Y Heard Herbert
Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson
Y Jackson,J Y Jackson,W
Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Kingston
YLane,D YLane.R Y Langford Y Lawrence
YLawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney.B
McKinney.C Y Meadows YMilam Y Mobley Y Moody
YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter YPoston
Y Powell Randall
Y Ransom YRay Y Reaves Y Redding
Richardson
Y Ricketson Y Robinson Y Royal YSelman
Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley YSteele Y Stephens YStreat
YTeper Y Thomas.C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts
White
Wilder Y Williams,B
Williams.J
YYates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1756. By Representatives Smyre of the 92nd, Mangum of the 57th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to provide for variations in the program weights; to change certain minimum expenditure requirements.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned

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to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to provide for variations in the program weights; to change certain minimum expenditure requirements; to provide for other matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof a new Code Section 20-2-161 to read as follows:
"20-2-161. (a) The instructional program for grades fear six through eight is declared to be the base program against which the cost of all other instructional pro-
General Appropriations Act the The amount of funds needed by each full-time equivalent student in that the base program, in order that the base such program can be sufficiently funded to provide quality basic education to all enrolled students; This amount ef ftmds j shall be known as the 'base amount' and shall reflect program components which constitute the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186. The program weights listed in subsection (b) of this Code section were calculated using component costs recommended by the task force appointed pursuant to subsection (f) of this Code section. Such component costs include a total of $1,701.93 for the base amount in Fiscal Year 1991 dollars. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories.
(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights:
(1) Kindergarten program .................................................................................4r339 1.342
(2) Primary grades program (1-3) ....................................................................1723? 1.262
(3) Upper elementary grades program (4-5)..............................................................1.020
{3} {4} Middle grades program (4-8 6-8) .................................................................1.000
{4) {51 High school general education program (9-12) ...............................Qr996 1.001
{5} (6) High school nonvocational laboratory program (9-12)..................................................................................-fc296 1.220
{6) 7} Vocational laboratory program (9-12) ..........,...................................ir332 1.335
{?) (8) Program for the handicapped: Category I .......................................2r416 2.250
{8} 19) Program for the handicapped: Category II......................................&872 2.591
(9) (10) Program for the handicapped: Category III....................................&638 3.276
(11) Program for the handicapped: Category IV....................................6^736 5.256
(12) Program for intellectually gifted students: Category V........................................................................................4.W6 1.586
(13) Remedial education program.............................................................ir314 1.310

MONDAY, FEBRUARY 26, 1990

1833

of calculating the annual allotment of funds to each local school __ _ ram weights may be carried to as many additional decimal places as needed and may be varied from the weights stated in subsection (b) of this Code section by not more than 1 '/2 percent. The weights so calculated shall be annually stated in the General Appropriations Act. fe) (d) The total funds needed for the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section:
(1) Multiply the average full-time equivalent program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section;
(2) Multiply the product computed in paragraph (1) of this subsection by the base amount as established in the General Appropriations Act; and
(3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the instructional program in accordance with subsection (d) of this Code section. The process and associated components contained within this Code section shall be known as the 'Quality Basic Education Formula.' {d} (e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of June for the most recent year that these data are available] provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. Such additional amount shall be known as 'program adjustment amount for training and experience.' {*} (f) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems."
Section 2. Said article is further amended in Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs, by striking paragraphs (1) and (2) of subsection (a) in their entirety and inserting in lieu thereof new paragraphs (1) and (2) of subsection (a) to read as follows:
"(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for special education. T-he direct instructional costs for the kindergarten progrflm iiiu pnniftry ^jrflctcs pro^rsm sriflii OG suminBO. into one sinount tor tftc cflriy GIGmcntary grades. Of For each program, each local school system shall spend a minimum of 90 percent of the total funds designated for salaries in direct instructional costs for each program, for such salaries and a minimum of 90 percent shaH be spent n of the funds designated for operational costs in direct instructional costs ef for such program operational costs, except as modified in this paragraph. For each local school system

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which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amount amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 90 percent amount for the appropriate portions of the direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated fulltime equivalent counts and reduce the 90 percent amount for the appropriate portions of the direct instructional costs of the instructional programs which experienced the lower than anticipated full-time equivalent counts; provided, however, that the combined amount of such reductions shall be equal to the combined amount of increases in the 90 percent amount amounts for programs with greater than anticipated full-time equivalent program counts; provided, further, that the 90 percent amount amounts for direct instructional costs for any instructional program which experienced a lower than anticipated full-time equivalent count shall not be reduced below the 90 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for the appropriate portions of the direct instructional costs of that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costSj specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for media center salary costs for this purpose, such salaries and a minimum of 90 percent of the funds designated for media center materials costs for such materials. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161."
Section 3. Said article is further amended by striking Code Section 20-2-181, relating to the base school sizes reflected in program weights, in its entirety and inserting in lieu thereof a new Code Section 20-2-181 to read as follows:
"20-2-181. The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the

MONDAY, FEBRUARY 26, 1990

1835

kindergarten prograrn, and the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the special education programs, and the remedial education program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school nonvocational and vocational laboratory programs shall reflect a base school size of 970 full-time equivalent students."
Section 4. Said article is further amended in Code Section 20-2-182, relating to the payment of salaries and benefits reflected in program weights, by striking subsections (b), (c), and (g) and inserting in lieu thereof new subsections (b), (c), and (g) to read as follows:
"(b) The program weights for the kindergarten program, the primary grades program, and the remedial education program shall reflect sufficient funds to provide instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional aides. Further, the base amount and program weight weights for the upper elementary grades (4-5) program and the middle grades (6-8) program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, subject to appropriation by the General Assembly."
"(c) The program weights for the primary^ upper elementary, and middle grades programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly."
"(g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation] provided, however, that such limit shall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20-2-212. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may not be used for activities occurring during the period of the fiscal year that an employee is uilder contract. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development stipends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232."
Section 5. Said article is further amended by striking Code Section 20-2-186, relating to the salaries of superintendents, visiting teachers, and certain other personnel reflected

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in program weights, and inserting in lieu thereof a new Code Section 20-2-186 to read as follows:
"20-2-186. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel ad seheot psychologists and psychomctrists essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system."
Section 6. This Act shall become effective July 1, 1990.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister YBarfoot
Bargeron Y Barnett,B
Barnett,M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Cheeks

Y Childers
Clark.B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C
Davis,G Y Davis.M Y Dixon.H Y Dixon,S YDobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Ylsakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Kingston YLane,D YLane,R
Y Langford Y Lawrence YLawson
YLee Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
Y McDonald Y McKelvey

McKinney.B McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver.C
Y Oliver,M YOrr YOrrock
Y Padgett Y Pannell YParham
YParrish Patten
Y Pettit Pinkston
YPoag Y Porter
Y Poston Y Powell
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Y Sinkfield

Y Smith,L Y Smith.P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus
Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
WiUiama.J YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.

MONDAY, FEBRUARY 26, 1990

1837

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1925 Do Pass, by Substitute
Respectfully submitted, /a/ Balkcom of the 140th
Chairman

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1763.

By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the construction and operation of rapid rail passenger service lines generally.

The following Committee substitute was read and adopted:

A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons or private companies operating such lines in this state; to provide an exception; to define a certain term; to require a person to obtain a permit from the Public Service Commission prior to the operation of a rapid rail passenger service line; to authorize the Public Service Commission to promulgate rules and regulations with respect to applications for permits and the establishment of guidelines and standards which an applicant must comply with prior to being issued a permit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking in their entirety subsections (a) and (d) of Code Section 46-2-20, relating to the jurisdiction of the Public Service Commission generally, and inserting in lieu thereof new subsections (a) and (d) to read as follows:
"(a) Except as otherwise provided by law, the commission shall have the general supervision of all common carriers, express companies, railroad or street railroad companies, dock or wharfage companies, terminal or terminal station companies, telephone and

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JOURNAL OF THE HOUSE,

telegraph companies, and gas or electric light and power companiesj and persons or private companies who operate rapid rail passenger service lines within this state- provided, however, that nothing in this subsection shall be deemed to extend the jurisdiction of the commission to include the operations of the Metropolitan Atlanta Rapid Transit Authority created in an Act approved March 10, 1965 (Ga. L. 1965, p_. 2243), as amended."
"(d) The commission may require common carriers and persons or private companies who operate rapid rail passenger service lines to publish their schedules in newspapers of towns through which their lines extend, in such manner as may be reasonable and as the public convenience demands."
Section 2. Said title is further amended by adding between Chapters 8 and 9 a new Chapter 8A to read as follows:
"CHAPTER 8A
46-8A-1. As used in this chapter, the term 'person' means any corporation, company, firm, association, or individual operating a public rapid rail passenger service line in this state, provided that said term shall not include any public corporation or governmental entity.
46-8A-2. Except as provided in Code Section 46-8A-4, no person shall operate any rapid rail passenger service line or system or any extension thereof in this state without first obtaining a permit from the Public Service Commission. The commission shall grant a permit to any person who complies with the guidelines and standards established by the commission.
46-8A-3. The application for any permit provided for in Code Section 46-8A-2 shall be made under such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application for such permit, the commission shall cause notice thereof to be given by mail or by personal service to the chief executive officer of the municipalities affected, if any, and shall publish such notice once a week for three consecutive weeks in a newspaper of general circulation in each county affected.
46-8A-4. This Code section shall not be construed to require any person to secure a permit for an extension of a rapid rail passenger service line or system into territory contiguous to that already served by that person and not receiving similar service from another person if no permit has been issued to or applied for by any other person."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams YAiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck

Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers
Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell E Couch Y Crawtord Y Crosby Y Cummings,B
Cummings,M Y Davis,C
Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs

Y Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones

MONDAY, FEBRUARY 26, 1990

1839

Y Kilgore
Kingston Y Lane,D YLane,R YLangford Y Lawrence YLawson Y Lee Y Linder
Y Long Y Lord
Lucas YLupton
YMangum Y Martin
YMcCoy Y McDonald YMcKelvey

McKinney.B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C 01iver,M
Y Orr Orrock
Y Padgett Y Pannell
YParham Y Parrish
Patten

Y Pettit
Pinkston Y Poag Y Porter
Poston Y Powell
Randall Y Ransom Y Ray
Reaves Y Redding
Y Richardson YRicketson
Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith.L
Y Smith,P Y Smith,T Y Smith,W Y Smyre
Snow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper
Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus

Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker C Y Walker.L Y Wall
Ware
Y Watson Y Watts
Y White Y Wilder
Y William8,B Williams,J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the following Bill of the Senate was withdrawn from the General Calendar and recommitted to the Committee on Transportation:

SB 547. By Senator Peevy of the 48th:
A bill to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking, and passing, so as to authorize the Department of Transportation and local governing authorities to designate certain lanes of a highway or street as a two way left turn only lane; to provide for the regulation and authorized use of such lanes; to provide for prohibited acts.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1578.

By Representatives Martin of the 26th and Lupton of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of landmark historic property under certain circumstances; to change the provisions relating to the assessment of tangible property.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of landmark historic property under certain circumstances; to change the provisions relating to the assessment of tangible property; to provide for the preferential classification and assessment of landmark historic property; to define the term "landmark historic property"; to provide exceptions; to provide for applications for preferential classification and assessment of landmark historic property; to provide for application fees; to provide procedures; to provide for determinations by the Department of Natural Resources and local governing

1840

JOURNAL OF THE HOUSE,

authorities; to provide that the assessed value of certain property shall not be increased during certain periods of time; to require certain duties to be performed by the county board of tax assessors; to provide which property qualifies as landmark historic property; to provide for the payment of certain taxes; to provide for certain appeal hearings and court review; to provide the effective date of preferential assessment of landmark historic property; to provide for the classification of landmark historic property on tax digests; to provide for the disqualification of property for preferential classification and assessment as landmark historic property; to prohibit simultaneous eligibility for more than one preferential classification and assessment; to provide that certain taxes and interest shall constitute a prior lien; to provide for other matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem taxation of property, is amended by adding at the end of paragraph (1) of Code Section 48-5-2, relating to definitions applicable to said Chapter 5, a new subparagraph to be designated subparagraph (D), to read as follows:
"(D) Fair market value of 'landmark historic property' as such term is defined in subsection (a) of Code Section 48-5-7.3 means:
(i) For the first eight years in which the property is classified as 'landmark historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3;
(ii) For the ninth year in which the property is classified as 'landmark historic property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph."
Section 2. Said article is further amended by adding a new subsection immediately following subsection (c) of Code Section 48-5-7, relating to assessment of tangible property, to be designated subsection (c.l), to read as follows:
"(c.l) Tangible real property which qualifies as landmark historic property pursuant to the provisions of Code Section 48-5-7.3 shall be assessed at 40 percent of its fair market value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of landmark historic property pursuant to the provisions of subparagraph (D) of paragraph (1) of Code Section 48-5-2."
Section 3. Said article is further amended by adding a new Code section describing the preferential assessment for certified landmark historic property immediately following Code Section 48-5-7.2, to be designated Code Section 48-5-7.3, to read as follows:
"48-5-7.3. (a) (1) For the purposes of this Code section, 'landmark historic property' means tangible income-producing real property which:
(A) Has been listed on the National Register of Historic Places or on the Georgia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12 and has been so certified by the Department of Natural Resources; and
(B) Has been certified by a local government as landmark historic property having exceptional architectural, historic, or cultural significance pursuant to a comprehensive local historic preservation or landmark ordinance which is of general application within such locality and has been approved as such by the state historic preservation officer.

MONDAY, FEBRUARY 26, 1990

1841

(2) The preferential classification and assessment of landmark historic property provided for in this Code section shall apply to the building or structure which is listed on the National Register of Historic Places or on the Georgia Register of Historic Places, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law.
(3) Property may qualify as landmark historic property and be eligible to receive the preferential assessment provided for in this Code section only if the local governing authority has adopted an ordinance authorizing such preferential assessments for landmark historic property under this Code section. (b) In order for property to qualify under this Code section for preferential assessment as provided for in subsection (c.l) of Code Section 48-5-7, the property must receive the certifications required for landmark historic property as defined in paragraph (1) of subsection (a) of this Code section. (c) Upon receipt of said certifications, a property owner desiring classification of any such historic property as landmark historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said
certifications with such application. The county board of tax assessors shall determine if the provisions of this Code section have been complied with and upon such determina-
tion, the county board of tax assessors shall be required to grant preferential assessment to such property. The county board of tax assessors shall make the determination within
30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from
the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant
to Code Section 48-5-311. (d) (1) Property which has been classified by the county board of tax assessors as
landmark historic property shall be immediately eligible for the preferential assessment provided for in subsection (c.l) of Code Section 48-5-7; provided, however, that,
for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the certification was filed with the county board
of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.
(2) Property which is subject to preferential assessment shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment.
(3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of landmark historic property a value equal to the
greater of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time certification on
such property was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as landmark historic property shall
be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation 'landmark historic property' shall be entered on
the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter
upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (D) of paragraph (1) of Code Section 48-5-2.
(e) (1) When property has once been classified and assessed as landmark historic property, it shall remain so classified and be granted the special assessment until the
property becomes disqualified by any one of the following: (A) Written notice by the taxpayer to the county tax commissioner or receiver
to remove the preferential classification and assessment; (B) Sale or transfer of ownership making the property exempt from property
taxation; (C) Decertification of such property by the Department of Natural Resources.
The Department of Natural Resources has the authority to decertify any property

1842

JOURNAL OF THE HOUSE,

which no longer possesses the qualities and features which made it eligible for the Georgia Register of Historic Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify the property from preferential classification and assessment so long as the property continues to qualify as landmark historic property, except as specified in subparagraph (B) of this paragraph. When for any reason the property or any portion thereof ceases to qualify as landmark historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January;
(D) Decertification of such property by the local governing authority for failure to maintain such property in a standard condition as specified in the local historic preservation or landmark ordinance or in local building codes; or
(E) The expiration of nine years during which the property was classified and assessed as landmark historic property; provided, however, that any such property may qualify thereafter as landmark historic property if such property is subject to subsequent rehabilitation and qualifies under other portions of the historic properties tax incentive program contained within the provisions of this Code section. (2) Except as otherwise provided in this Code section, if a property becomes disqualified pursuant to any provision of this subsection, the decertification shall be transmitted to the county board of tax assessors and said assessors shall appropriately notate the property as decertified. Such property shall not be eligible to receive the preferential assessment provided for in this Code section during the taxable year in which such disqualification occurs. (f) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this subsection shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) No property shall be eligible to receive simultaneously more than one of the preferential assessments provided for in this Code section and Code Section 48-5-7.2. (h) Any landmark historic property which lies within a locally designated landmark or historic preservation district which is predominantly a residential district as determined by the local governing authority shall not be eligible for the preferential assessment provided for in this subsection if such landmark historic property constitutes a nonconforming use pursuant to applicable local zoning ordinances or if such landmark historic property does not contribute to the architectural, historic, or cultural values for which said district is significant. (i) (1) The difference between the preferential assessment granted by this Code section and the taxes which would otherwise be assessed and interest thereon shall constitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but shall only be due, payable, and delinquent as provided in this Code section. (2) Such liens for taxes, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to Chapter 5 of Title 53."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

MONDAY, FEBRUARY 26, 1990

1843

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark.L Y Coleman Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C
Davis,G Y Davis.M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover YDunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D
YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney,B McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter
Poston Y Powell
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfleld

Y Smith,L Y Smith,P
Smith.T
Y Smith,W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens
Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware
Y Watson Y Watts
Y White Y Wilder Y Williams,B
Williams,J
Y Yates YYeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1427.

By Representatives Richardson of the 52nd, Thomas of the 31st, Sinkfield of the 37th, Davis of the 29th, Williams of the 48th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual and group accident and sickness insurance coverage of mammograms and Pap smears.

The following Committee substitute was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to make available optional individual and group accident and sickness insurance coverage of mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits; to provide for applicability to certain societies, corporations, plans, organizations, and entities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Code Section 33-29-3.1 a new Code section to read as follows:

1844

JOURNAL OF THE HOUSE,

"33-29-3.2. (a) As used in this Code section, the term: (1) 'Mammogram' means any radiological examination of the breast for purposes
of detecting breast cancer when performed as a result of a physician referral or by a health testing service which utilizes radiological equipment approved by the Department of Human Resources, which examination may be made with the following minimum frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and
(D) When recommended by a physician for a female, without regard to age, where needed for diagnostic purposes or when she, her mother, or her sister has had a prior history of breast cancer. (2) 'Pap smear' or 'Papanicolaou smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation of a physician, which examination may be made once a year or more often if recommended by a physician. (3) 'Policy' means any benefit plan, contract, or policy. (b) Every insurer authorized to issue an individual accident and sickness insurance policy in this state which includes coverage for any female shall be required to offer, either as part of or as an optional endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1990, coverage for mammograms and Pap smears for the covered females. (c) The coverage required to be offered under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance policy.
(d) Nothing in this Code section shall be construed to prohibit the issuance of individual accident and sickness insurance policies which provide benefits greater than those
required to be offered by subsections (b) and (c) of this Code section or more favorable to the insured than those required to be offered by subsections (b) and (c) of this Code
section. (e) The provisions of this Code section shall apply to individual accident and sick-
ness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health mainte-
nance organization, or any similar entity."
Section 2. Said title is further amended by adding after Code Section 33-30-4.1 a
new Code section to read as follows: "33-30-4.2. (a) As used in this Code section, the term: (1) 'Mammogram' means any radiological examination of the breast for purposes
of detecting breast cancer when performed as a result of a physician referral or by a health testing service which utilizes radiological equipment approved by the Depart-
ment of Human Resources, which examination may be made with the following minimum frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and (D) When recommended by a physician for a female, without regard to age,
where needed for diagnostic purposes or when she, her mother, or her sister has had a prior history of breast cancer. (2) 'Pap smear' or 'Papanicolaou smear' means an examination of the tissues of the
cervix of the uterus for the purpose of detecting cancer when performed upon the rec-
ommendation of a physician, which examination may be made once a year or more often if recommended by a physician.

MONDAY, FEBRUARY 26, 1990

1845

(3) 'Policy' means any benefit plan, contract, or policy. (b) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage for any female shall be required to offer, either as a part of the policy or as an optional endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1990, coverage for mammograms and Pap smears for the covered females. (c) The coverage required to be offered under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance policy. (d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness insurance policies which provide benefits greater than those required to be offered by subsections (b) and (c) of this Code section or more favorable to the insured than those required to be offered by subsections (b) and (c) of this Code section. (e) The provisions of this Code section shall apply to group accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any similar entity."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister YBarfoot
Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield
YBenn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chain bleas Chance Cheeks

Y Childers Clark,B
Y Clark.H
Y Clark,L Y Coleman Y Colwell
Connell
E Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis.C
Davis,G Y Davis,M
Y Dixon,H Y Dixon.S
YDobbs Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Banner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Pettit
Pinkston YPoag
Y Porter YPoston Y PoweU
Y Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder
Y Williams,B Y WiUiams,J YYates Y Yeargin Y Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 0.

1846

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1810. By Representatives Porter of the 119th, Jackson of the 9th and Barnett of the 10th:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed; to provide definitions; to provide exceptions; to provide limitations on certain remedies; to provide penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, is amended by adding after Code Section 40-1-4 a new Code Section 40-1-5 to read as follows:
"40-1-5. (a) As used in this Code section, the terms 'dealer,' 'distributor,' 'manufacturer,' and 'new motor vehicle,' shall have the same meaning as set forth in Code Section 40-2-36.1.
(b) Except as provided in this subsection and in subsection (c) of this Code section, prior to the sale of a new motor vehicle, a dealer must disclose to the buyer any damage which has occurred to the vehicle of which the dealer has actual knowledge and which costs more than 5 percent of the manufacturer's suggested retail price to repair. Prior to the sale of a new motor vehicle, a dealer must also disclose to the buyer any damage which has occurred to the paint of which the dealer has actual knowledge and which costs more than $500.00 to repair. Damages shall be calculated at the actual cost of such repair.
(c) Notwithstanding anything to the contrary in subsection (b) of this Code section, in calculating the amount of damage for purposes of disclosure under subsection (b) of this Code section, a dealer shall not be required to take into account nor shall a dealer be required to disclose damage to glass, tires, wheels, bumpers, radio, or in-dash audio equipment, regardless of cost, so long as the item is replaced with original or reasonably comparable equipment.
(d) Prior to the delivery of a new motor vehicle, each manufacturer, distributor, carrier, or motor vehicle importer must disclose to the dealer any damage which has occurred to the vehicle of which the manufacturer, distributor, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, distributor, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the dealer for any liability imposed on such dealer for a failure on the part of the dealer to comply with the requirements of this Code section.
(e) Prior to the delivery of a new motor vehicle, each manufacturer, carrier, or motor vehicle importer must disclose to the distributor any damage which has occurred to the vehicle of which the manufacturer, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the distributor for any liability imposed on such distributor for a failure on the part of the distributor to comply with the requirements of this Code section.

MONDAY, FEBRUARY 26, 1990

1847

(f) If disclosure is not required under this Code section, a buyer may not revoke or rescind a sales contract, and relief may not be sought under this or any other provision of this Code, including Part 2 of Article 15 of Chapter 1 of Title 10 due to the fact that the new motor vehicle was damaged and repaired prior to the sale.
(g) A violation of this Code section shall be a per se violation of Code Section 10-1-393, and the penalties, procedures, and remedies applicable to violations of Code Section 10-1-393 shall be applicable to a violation of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Athon
Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers Clark,B
Y Clark.H Clark.L
Y Coleman Colwell Connell
E Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings.M
Y Davis,C Davis,G
Y Davis,M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isaksdn Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston
Y Lane,D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Under YLong YLord
Y Lucas Y Lupton
Mangum Martin Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell YParham
Y Parrish Patten
Y Pettit Pinkston
YPoag Y Porter YPoston
Y Powell YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfleld

Y Smith,L Y Smith,P Y Smith.T Y Smith.W YSmyre
Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Y Streat Y Teper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1854. By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Hanner of the 131st, Connell of the 87th and others:
A bill to amend various provisions of the Official Code of Georgia Annotated, so as to provide for the effects of changes in decennial census data and changes in congressional districts with respect to the membership of various boards, commissions, and bodies.

1848

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers
Y Clark.B Y Clark,H
Clark,L Y Coleman Y Colwell
Connell
E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C N Davis.G Y Davis,M Y Diion.H Y Dixon,S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton
Mangum Martin Y McCoy Y McDonald Y McKelvey

McKinney.B
McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y MueUer Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Y Pinkston
YPoag Y Porter YPoston Y Powell YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfleld

Y Smith,L
Y Smith.P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil,F
Y Stancil,S Stanley
YSteele Y Stephens
Streat YTeper
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Ware
Y Watson
Y Watts Y White Y Wilder
Y Williams,B Williaras.J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 154, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Davis of the 29th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1618. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, so as to change certain provisions regarding the calculation of estimated tax liability.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, so as to change certain provisions regarding the calculation of estimated tax liability; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 26, 1990

1849

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his average monthly payments for the last fiscal year or his payment for the corresponding month ef the test fiscal yea*. If the estimated tax liability of a dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more. No local sales taxes shall be included in determining any estimated tax liability."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Chance Cheeks

Y Childers Clark,B
Y Clark.H Y Clark,L
Coleman Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Davis.G Y Davis.M
Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards YEhrhart Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y JacksontJ Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long
YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney.B Y McKinney,C
Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham
Y Parrish Patten
Y Pettit Y Pinkston YPoag
Porter
YPoston Y Powell
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selraan Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Smith.W
YSmyre Snow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson
Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams,B
Williams^ Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.

1850

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1621.

By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Y Bates Beck
Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck
Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers Clark.B
Y Clark.H Y Clark,L
Y Coleman Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings.B
Cummings.M
Y Davis,C Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee YGoodwin Y Green
Y Greene Gresham
Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long
YLord Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston
YPoag Y Porter
Y Poston Y Powell YRandaU Y Ransom YRay
Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L Y Smith,?
Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S
Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Y Thurmond Y Titus
Y Tolbert Y Townsend
YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L YWall
Ware Y Wataon
Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1702. By Representative Coleman of the 118th:
A bill to amend Code Section 48-5-349.2 of the Official Code of Georgia Annotated, relating to procedure for appeals to the Ad Valorem Assessment Review Commission, so as to provide for additional assessments in certain cases involving disapproval by the state revenue commission of a subsequent digest.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, FEBRUARY 26, 1990

1851

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks
Brown YBuck Y Buford N Byrd Y Campbell N Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers
Y Clark.B Y Clark,H Y Clark,L
Coleman
Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings.B
Y Cummings,M
N Davis.C Davis.G
N Davis.M Y Dixon.H Y Dixon,S N Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton
Fennel
FIoyd,J.M Y Floyd,J.W N Foster YGodbee Y Goodwin Y Green
Y Greene Gresham
N Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
N Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin NIsakson Y Jackson,J N Jackson, W Y Jamieson N Jenkins Y Johnson Y Jones
Y Kilgore Kingston
N Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C N Meadows YMilam Y Mobley N Moody N Morton N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Y Pannell YParham
Y Parrish
Patten Pettit Y Pinkston NPoag Porter
YPoston
Y Powell Randall
Y Ransom NRay Y Reaves
Y Redding Y Richardson
N Ricketaon Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

N Smith,L
N Smith,? Y Smith,T
N Smith,W YSmyre YSnow
Y Stancil.F Y Stancil,S Y Stanley
Steele Stephens Y Streat
YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend NTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L YWall
Ware
Y Watson Y Watts Y White
N Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 126, nays 27. The Bill, having received the requisite constitutional majority, was passed.

HB 1700.

By Representative Coleman of the 118th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to examination of county tax digests, so as to limit the circumstances under which taxes may be collected under a disapproved digest.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M

Y Bates Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck
Buford
YByrd Y Campbell Y Carrell

Y Carter
Y Chambless Chance Cheeks
Y Childers Y Clark,B
Y Clark.H Y Clark,L Y Coleman
Colwell Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M

Y Davis.C
Davis.G Y Davis,M Y Dixon.H Y Dkon,S
Y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee

Y Goodwin Y Green
Greene
Gresham Y Griffin Y Groover Y Hamilton
Y Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

1852

JOURNAL OF THE HOUSE,

Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Y Linder Y Long

Y Lord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orr

Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom Y Ray Reaves Y Redding Y Richardson
Y Ricketson Y Robinson

Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P Y Smith,T
Smith, W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas,C
Y Thomas,M Y Thompson

Y Thurmond
Y Titus Y Tolbert Y Townsend N Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams^ Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1549. By Representatives Campbell of the 23rd, Stancil of the 8th, Isakson of the 21st, Tolbert of the 58th, Howren of the 20th and others:
A bill to amend Code Section 17-10-1.1 of the Official Code of Georgia Annotated, relating to victim impact statements, so as to provide that prosecuting attorneys shall provide victim impact statement forms to victims; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim; to provide that such victim or, if such victim is deceased, such victim's spouse, children, or parents shall be entitled to appear before the board or make a written statement to the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, is amended by striking Code Section 42-9-46, relating to notification of consideration of parole, in its entirety and inserting in lieu thereof a new Code Section 42-9-46 to read as follows:
"42-9-46. Notwithstanding any other provisions of law to the contrary, if the board is to consider any case in which an inmate has failed to serve ths time required by law for automatic initial consideration, the board shall notify in writing, at least ten days prior to consideration, the sentencing judge ad , the district attorney of the county in which the person was sentenced2 and any victim of crimes against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such

MONDAY, FEBRUARY 26, 1990

1853

person's name and address are provided on the impact statement pursuant to Code Section 17-10-1.1. The sentencing judge er t district attorney, or both victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim may appear at a hearing held by the board or make a written statement to the board expressing their views and making their recommendation as to whether the person should be paroled."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abemathy Y Adams Y Aiken Y Alford
Alien YAthon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister YBarfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates
Beck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Chance Cheeks

Y Childers
Y Clark.B Y Clark,H
Y Clark.L Y Coleman Y Colwell
Connell E Couch Y Crawford
Y Crosby Y Cummings.B
Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Pelton Y Fennel Y Ployd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney.B McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Waddle Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williama.J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1640. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-833 of the Official Code of Georgia Annotated, relating to additional payments to certain supervisors of student teachers, so as to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional payments to supervisors of student teachers.

The following Committee substitute was read and adopted:

1854

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 20-2-833 of the Official Code of Georgia Annotated, relating to additional payments to certain supervisors of student teachers, so as to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional payments to supervisors of student teachers; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-833 of the Official Code of Georgia Annotated, relating to additional payments to certain supervisors of student teachers, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-2-833 to read as follows:
"20-2-833. (a) As used in this Code section, the term: (1) 'Student teaching' means the full-time component of a teacher education pro-
gram in which a student preparing for the education profession is jointly assigned by a teacher education institution and a school system2 state operated school, or school operated by the United States Department of Defense on a military reservation for classroom experience and which is designated in a teacher education program approved by the Department of Education as student teaching or internship.
(2) 'Supervising teacher' means a public schoolteacher who is employed by a local board of education, state operated school, or school operated by the United States Department of Defense on a military reservation and who is designated to provide professional supervisory services in the supervision of a specific student teacher.
(3) 'Supervising teacher services certificate' or 'teacher support specialist certificate' means the a supplementary certificate available from the Department of Education to persons who have completed a supervising teacher services or teacher support specialist program approved by the Department of Education. (b) The Department of Education ad the Georgia Association ef Colleges ef Teacher Education shall jointly establish minimum requirements to be met by each supervising teacher or teacher support specialist. (c) The Department of Education shall make payments to supervising teachers or teacher support specialists for each quarter or semester in which supervising teacher services are provided by such personnel as follows:
(1) A teacher who meets the minimum requirements established pursuant to subsection (b) of this Code section and holds a valid supervising teacher services or teacher support specialist certificate shall receive $126.00 $750.00 for each such quarter or semester; and
(2) A teacher who meets the minimum requirements established pursuant to subsection (b) of this Code section but does not hold a valid supervising teacher services or teacher support specialist certificate shall receive $50.00 for each such quarter or semester. (d) Payments made under this Code section shall be in addition to and not in lieu of any compensation otherwise payable to supervising teachers or teacher support specialists. Such payments shall be made from funds appropriated or otherwise available to the Department of Education. In the event that in any fiscal year sufficient funds are not appropriated or available to make the full amount of all payments provided for in this Code section, the payment to each supervising teacher or teacher support specialist shall be reduced pro rata."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 26, 1990

1855

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Y Alien Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis,C
Davis,G Y Davis,M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Irwin Y Isakson
Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane.D YLane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody
YMorton Y Moultrie Y Mueller
Oliver.C Y Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten
Y Pettit Pinkston
YPoag Y Porter
Poston Y Powell
YRandall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith,W
YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat
YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs YVaughan Y Waddle
Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams,B
Williains,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 26, 1990
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 26, 1990, by adding the following:
HB 1925 Hunting Licenses; Disabled Vet; Fla. Resident; Reciprocity
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, Lee of the 72nd Chairman

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1925. By Representative Twiggs of the 4th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting and fishing licenses, permits, and stamps generally, so as to provide for hunting license reciprocity for Florida residents who are disabled veterans.

1856

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL

To amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to game and fish license, permit, and stamp fees, so as to change the fees for certain nonresident hunting licenses; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to game and fish license, permit, and stamp fees, is amended by striking paragraph (1) and inserting in its place a new paragraph to read as follows:
"(1) Hunting licenses:

(A) Resident

hunting

license

Season

8.50

(B) Nonresident hunting license; including nonresident big game license

Season

6&ee

121.00

(C) Nonresident

<S) (C) Resident archery license
{E} (D) Nonresident archery license
{F} (E) Resident big game license
{G) Nonresident big game

beven~Q8y Season Season Season

^i.uu 6.50 21.00 7.50

} (F) Nonresident shooting preserve hunting license
(G) Commercial fox hunting preserve license
(H) Commercial fox breeder license

Season Season Season

10.00 50.00 50.00

MONDAY, FEBRUARY 26, 1990

1857

HI Resident

waterfowl

stamp

Season

5.50

(J) Nonresident waterfowl stamp

Season

5.50".

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Reaves of the 147th moves to amend the Committee substitute to HB 1925 as follows:
By adding between lines 23 and 24 page 1 the following:
"Provided, however, a nonresident of Georgia who owns real property in Georgia may hunt on such property with a resident hunting license."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers
Y Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Davis.C Davis.G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee YGoodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin
Ylsakson Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder Y Long YLord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y PanneU YParham Y Parrish
Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F
Y Stancil,S Y Stanley YSteele Y Stephens Y Streat
YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thunnond Y Titus Y Tolbert
Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Y Williams.B Williams.J
Y Yates Y Yeargin
Murpby,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.

1858

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 1203.

By Representatives Dover of the llth, Murphy of the 18th, Lee of the 72nd, Lane of the 27th and Walker of the 115th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide a comprehensive statute to facilitate a drug-free public work force in Georgia; to provide a short title.

The following Committee substitute was read and adopted:

A BILL
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide a comprehensive statute to facilitate a drug-free public work force in Georgia; to provide a short title; to provide a statement of purpose; to provide for definitions; to create a disqualification from public employment for any person who is convicted of an offense under Chapter 13 of Title 16; to provide for the separation and disqualification from public service of any public employee convicted of an offense under Chapter 13 of Title 16; to provide for the separation and disqualification from public employment of any public employee who knowingly manufactures, uses, possesses, or distributes any controlled substance or other dangerous drug without being in total compliance with the law; to provide that such separation from employment shall be a voluntary separation resulting in disqualification from certain benefits; to provide for a notice of separation or disqualification; to provide an appeal for any public employee separated or any person disqualified from public employment; to provide for certain rights of employees; to provide for continued employment under certain circumstances; to provide for drug counseling and referral services; to provide for the probationary status of certain employees; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding at the end thereof a new chapter, to be designated Chapter 23, to read as follows:
"CHAPTER 23
45-23-1. This chapter shall be known and may be cited as the 'Drug-free Public Work Force Act of 1990.'
45-23-2. The General Assembly of the State of Georgia finds that the manufacture, distribution, possession, or use of controlled substances and other dangerous drugs in an unlawful manner to be a serious threat to the public health and welfare of the citizens of this state. It is declared to be a primary purpose and goal of this state, each of its agencies and instrumentalities, and all public employees and officials to take all steps possible to eradicate the unlawful manufacture, distribution, possession, or use of controlled substances and other dangerous drugs. With this purpose in mind, the General Assembly declares that its work force must be absolutely free of any person who would knowingly manufacture, distribute, possess, or use a controlled substance or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this chapter.
45-23-3. As used in this chapter, the term: (1) 'Controlled substance' means any drug or substance or immediate precursor to
such drug or substance included in the definition of controlled substance in paragraph (4) of Code Section 16-13-21.

MONDAY, FEBRUARY 26, 1990

1859

(2) 'Convicted' or 'conviction' means a plea of guilty, a finding of guilty by a court of competent jurisdiction, or the acceptance of a nolo contendere plea or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief.
(3) 'Dangerous drug' means any drug defined as such under Code Section 16-13-71. (4) 'Date of conviction' means the date that the trial court determines guilt and enters judgment thereon or the date on which the court accepts a plea of nolo contendere or formally allows the employee or other person to receive first offender treatment, whichever is later. (5) 'Public employee' means any person employed on a full-time, part-time, temporary, or intermittent basis by the state, including any agency, authority, department, bureau, or instrumentality thereof or by any entity covered under the State Merit System of Personnel Administration. Such term shall also include all employees, officials, or administrators of any public school system, including, but not limited to, primary, secondary, or postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof. (6) 'Public employer' means any state agency, department, board, bureau, or other instrumentality. This term also includes any agency covered under the State Merit System of Personnel Administration or any public school system, including, but not limited to, primary, secondary, or postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.
(7) 'Public employment' means employment by any public employer.
45-23-4. Any person who has been convicted of a felony offense or has been convicted of, entered a plea of guilty to, or has entered a plea of nolo contendere to a second or subsequent misdemeanor offense under Chapter 13 of Title 16, relating to controlled substances, shall be disqualified from seeking or holding any position of public employment for not less than two years from the date of conviction. Any person who has been convicted of a first offense which is a misdemeanor under said Chapter 13 of Title 16 shall be disqualified from seeking or holding any position of public employment for not less than one year from the date of conviction.
45-23-5. (a) A public employee shall be separated from employment if the public employee subsequent to the date of the employment has been convicted of a felony offense or has been convicted of a second or subsequent misdemeanor offense under Chapter 13 of Title 16. A public employee shall be suspended for a period of 90 days by the public employer if the employee subsequent to the date of employment has been convicted of a first offense which is a misdemeanor under Chapter 13 of Title 16. The
public employer, as a condition of reemployment after a separation, shall require a public employee to show that the employee has undergone appropriate drug treatment and
counseling.
(b) A public employee who is separated from employment under subsection (a) of this Code section is disqualified from seeking or holding any other position as a public employee for a period of not less than two years from the effective date of the separation.
(c) It shall be the duty of the public employee to report to the public employer such employee's conviction of any offense under Chapter 13 of Title 16, relating to controlled substances. The public employer shall terminate the public employee if the public employee fails to report such conviction. A public employee whose employment has been terminated pursuant to this subsection shall not be entitled to seek or hold any position of public employment for a period of three years from the effective date of the separation.
45-23-6. Any public employee or official who is separated under the provisions of this chapter or any other person disqualified from public employment under this chapter shall be given a written notice of his separation or disqualification and the reason for the separation or disqualification, as well as notice of any proposed disqualification from future employment. Further, the employee shall be advised that separation under these conditions will result in his disqualification from unemployment benefits and ineligibility

1860

JOURNAL OF THE HOUSE,

for involuntary separation benefits under the Employees' Retirement System of Georgia, if appropriate. Where an employee has been separated without a conviction under the provisions of this chapter, the employee shall be given 15 days' written notice of his separation during which time he shall be afforded an opportunity to respond to the charges with a designated official in his employing agency or with some other person representing his public employer. At this meeting, the employee shall be allowed to respond to the charges; however, if it is found that the employee is guilty of manufacturing, using, possessing, or distributing a controlled substance or other dangerous drug in an unlawful manner, then the employee shall be separated on the date specified in the original written notice.
45-23-7. Any public employee who has been separated from his employment and any person who has been disqualified from future public employment under the provisions of this chapter shall have the right to file an appeal with the head of the department with which he was last employed or with the head of the department with which he is seeking employment. The department head may appoint someone to sit as a reviewing official who shall take testimony and other evidence and issue a recommendation to the department head as to whether the employee shall be required to face the sanctions set forth in this chapter. Neither the reviewing official nor the department head shall have any authority to mitigate or otherwise lessen the sanctions set forth in this chapter if the employee is found to have either been convicted of a crime involving the illegal manufacture, use, possession, or distribution of a controlled substance or other dangerous drug or been involved in such prohibited and illegal activity. The appeals under this provision are in lieu of all other administrative appeals and the state merit system or the state personnel board shall not have jurisdiction over such matters except as they involve employees of the department known as the state merit system.
45-23-8. Any person separated under the provisions of this chapter or disqualified from future employment under the provisions of this chapter can appeal the final decision of his employer or prospective employer by filing a petition with the superior court of the county in which he was last employed or with the Superior Court of Fulton County within 20 days after he has been either personally served or mailed a copy of the employer's or prospective employer's decision. If the decision is mailed, the time for appeal shall begin to run on the date mailed; provided, however, an extra three days shall be added to the time for appeal. If there is any evidence in the record to support the decision of the employer or prospective employer with regard to the employer's or prospective employer's findings of fact, those findings must be upheld by the superior court. Except as provided in this chapter, appeals to the superior court shall be governed by Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.'
45-23-9. Nothing contained in this chapter shall be construed to grant any employee or any other person any new or additional rights to public employment. Probationary, at-will, or discretionary employees can still be separated in the discretion of their employers; however, if they are charged with the offenses set forth in this chapter, then the procedures of this chapter shall be followed.
45-23-10. Notwithstanding any provision of law to the contrary, the right of a public employee to be secure in the public employee's person, house, personal papers, and effects against unreasonable drug testing shall not be violated by a public employer and no drug test shall be required of a public employee except upon a showing of probable cause to believe that the public employee uses drugs illegally.
45-23-11. (a) On and after July 1, 1990, if, prior to an arrest for the use or possession of a controlled substance or other drug in violation of Chapter 13 of Title 16, a public employee notifies the employee's public employer that the employee illegally uses a controlled substance or other drug, has submitted to an evaluation by a certified addiction counselor, and is receiving treatment as recommended in the evaluation, the public employee shall be entitled to maintain the employee's public employment as long as the employee follows the treatment plan for a period of up to one year, notwithstanding the employee's drug dependence. During this period, the public employee shall not be separated from public employment solely on the basis of the employee's drug dependence, but the employee's work activities shall be restructured if necessary to protect

MONDAY, FEBRUARY 26, 1990

1861

persons or property. No statement made by an employee to a supervisor of the public employee or other person in order to comply with this subsection shall be admissible in any civil, administrative, or criminal proceeding as evidence against the public employee. The rights granted by this subsection shall be available to a public employee only once during a five-year period.
(b) Each public employer shall provide drug counseling and referral services to public employees suspended from employment under subsection (a) of Code Section 45-23-5 and may require the public employee suspended from employment under subsection (a) of Code Section 45-23-5 to receive appropriate drug treatment.
(c) Each public employee who is reinstated or rehired after having been suspended or terminated shall be on probationary status for one year, and the public employer may require the public employee to submit to drug testing during the period of probation. If the public employee tests positive for drugs during the probationary period, the employee shall be terminated for a period of at least two years."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Y Clark.B
Y Clark,H
Y Clark.L Y Coleman Y Colwell
Connell E Couch
Y Crawford Crosby
Y Cummings,B Y Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon,H Y Dixon,S YDobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Manner

Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Ylrwin Y Isakson Y JacksontJ Y Jackson, W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D YLane.R Y Langford Y Lawrence Y Lawson YLee
Y Under YLong
Lord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Y Pinkston
YPoag Y Porter Y Postal Y Powell
Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson Robinson
Y Royal YSelman
Simpson Y Sinkfield

Y Smith.L Y Smith,P
Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens
Streat YTeper
Thomas,C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall
Ware Watson Watts Y White Wilder Y Williams,B William8,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1862

JOURNAL OF THE HOUSE,

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 26, 1990
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 26, 1990, by adding the following:
HB 516 State Employees; Certain Suggestions; Savings Awards HB 1680 Bldgs.; Standard Fire Prevention Code (SBCCI); Requirements HB 1808 Solid Waste Disposal; Location; Notification HB 1899 Liens; Real Estate Rentals; Provide
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 930. By Representatives Balkcom of the 140th, McDonald of the 12th and Patten of the 149th:
A resolution requiring the Department of Natural Resources to report to the General Assembly of Georgia certain income and expenditures of funds.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett,B Y Barnett,M
Bates Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford

YByrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance
Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L Y Coleman Y Colwell
Connell
E Couch Y Crawford Y Crosby
Y Cummings,B Y Cummings.M Y Davis,C
Davis,G Y Davis,M Y Dixon,H
Y Dison,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart

Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee YGoodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson

Y Jenkins Y Johnson Y Jones
Y Kilgore Kingston
Y Lane,D YLane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton
Moultrie

Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson
Y Royal YSelman Y Simpson Y Sinkfield Y Smith.L

MONDAY, FEBRUARY 26, 1990

1863

Y Smith,? Y Smith,T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S

Y Stanley
Y Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M

Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend
YTwiggs Y Vaughan

Y Waddle Walker.C
Y Walker.L Y Wall
Ware Y Watson Y Watts

Y White Y Wilder Y WiUiams,B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 516. By Representative Hamilton of the 124th:
A bill to amend Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, so as to provide for a tangible savings award to be granted under certain circumstances.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, so as to provide for a tangible and intangible savings award to be granted under certain circumstances; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 45-21-7 to read as follows:
"45-21-7. (a) Cash awards for suggestions submitted by an employee, implemented by a state department, and approved by the board which result in direct measurable cash savings or cost avoidance shall be paid to such employee in an amount equal to 10 percent of the first year's estimated net material and labor savings. The award shall be paid by the department or departments adopting the suggestion and shall be made within six months of the date the suggestion is implemented. Cash awards shall be for not less than $10.00 and for not more than $5,000.00 regardless of the number of departments adopting the suggestion. Funds necessary for providing the appropriate cash awards shall be drawn from the object class most directly affected by the approved suggestion. If the amount of a tangible savings award exceeds $100.00, the suggestion shall be reviewed by the department or departments implementing the suggestion one year from the date of implementation to determine actual net savings. If additional actual savings have resulted, a final additional award shall be made to such employee based on 10 percent of such actual net savings less any previous award payment. No award shall be made for any savings after the first year of implementation.
(b) (1) Suggestions involving improvements in working conditions; changes in procedures; revision of forms; improvement in employee morale, health, or safety; or related improvements for which the monetary value cannot be determined shall be eligible for award certificates or cash awards based on intangible savings.
(2) The board shall establish a method of evaluating such suggestions. Cash awards for suggestions involving intangible savings shall not exceed $100.00. (c) All employee suggestions shall be submitted in writing on a form to be made available by the commissioner in order to be eligible for consideration for an award. All submitted suggestions shall clearly and concisely define the specific situation or problem, state a detailed, proposed solution to such situation or problem, and indicate the expected benefit to the state. (d) Awards Other awards to state employees made under this chapter may include:

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JOURNAL OF THE HOUSE,

(1) A certificate of merit which shall be in such form and shall be awarded at such times as the board may fix and determine;
{2) Additional compensation based en a percentage of the amount ef savings
the department in which the suggestion is adopted; {3} (2) A certificate that shall indicate the number of years of state service which
for this purpose shall be ascertained by the director ef the Employees' Retirement
vice; or {4) (3) An appropriate pin, button, or other emblem which may be approved by
the board." Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Barfoot Bargeron
Barnett.B Y Barnett,M
Y Bates Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Cheeks

Y Childers
Y Clark.B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell
E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert
Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell YRandall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson Y Royal YSelrnan Y Simpson
Sinkfield

Y Smith,L
Y Smith.P Y Smith,T Y Smith.W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens
Streat YTeper
Y Thomas,C Y Thomas,M Y Thompson Y Thunnond Y Titus Y Tolbert
Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J
YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1680. By Representatives Teper of the 46th, Watson of the 114th and Stancil of the 66th:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes and other state codes, so as to provide that on and after October 1, 1991, the Standard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county.

MONDAY, FEBRUARY 26, 1990

1865

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford
Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot
Bargeron Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell YCarrell Y Carter Y Chambless
Chance Cheeks

Y Childers
Y Clark,B Y Clark.H Y Clark,L Y Coleman
Colwell Connell B Couch Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis,C
Davis.G Y Davis.M Y Dixon,H Y Dixon,S YDobbs
Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

N Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Y Hudson Ylrwin Ylsakson Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Lane,D YLane,R Y Langford Y Lawrence
Y Lawson YLee Y Under YLong YLord Y Lucas
Lupton Mangum Martin YMcCoy Y McDonald Y McKelvey

McKinney,B
N McKinney.C Y Meadows YMilam Y Mobley
Moody Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett Y Pannell YParham YParrish
Patten Y Pettit Y Pinkston YPoag Y Porter Y Postal Y Powell YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Y Smith,W YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley YSteele
Stephens Streat YTeper
Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,,) Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1808.

By Representative Crosby of the 150th:
A bill to amend Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, so as to provide that upon the approval, modification, or revocation of a permit for handling solid waste, and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal facility or site is located or to be located.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins

Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M

Y Bates Beck
Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch

Y Breedlove Brooks
Y Brown YBuck Y Buford
YByrd Y Campbell YCarrell

Y Carter Y Chamblea
Chance Cheeks Y Childers Clark,B Y Clark,H Y Clark,L

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JOURNAL OF THE HOUSE,

Y Coleman Y Colwell
Connell
E Couch Y Crawford Y Crosby Y Cummingg,B Y Cummings.M Y Davis,C
Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham

Y Griffin
Y Groover Hamilton
Hannet Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane,D
Y Lane,R Y Langford Y Lawrence

Y Lawson
YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham

Y Parrish
Patten Y Pettit Y Pinkston YPoag Y Porter
YPoston Y Powell YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith.P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,P Y Stancil,S

Y Stanley Y Steele
Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L YWall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williama.J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

HB 1899.

By Representative Dobbs of the 74th:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to change a certain definition; to provide for a lien for suppliers of rental tools, appliances, machinery, and equipment used to improve real estate.

The following amendment was read and adopted:

Representative Dobbs of the 74th moves to amend HB 1899 by adding after the word and symbol "estate;" on line 5 of page 1 the following:
"to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials; to provide a form for a partial waiver of lien and bond rights in connection with progress payments; to provide a form for a final waiver of lien and bond rights in connection with final payment; to provide for exceptions;".
By adding between lines 10 and 11 of page 3 the following:
"Section 3. Said article is further amended by adding a new Code Section 44-14-366 to read as follows:
'44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable.
(b) No oral or written statement purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless:

MONDAY, FEBRUARY 26, 1990

1867

(1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; or
(2) The claimant has actually received payment in full for the claim.
(c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of a progress payment and the claimant has not been paid in exchange for the waiver and release, or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must follow the following form:
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
(Use to Induce Progress Payment When Claimant is not Paid or Joint Check is Issued)
Upon receipt by the undersigned of a check from (maker of check) in the sum of
(amount of check) payable to (payee or payees of check) and
when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien or bond right the undersigned has on the job of _________________________________ (owner) located at _______________________________ (job description) to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to _______________________________ (contractor or subcontractor) to the extent of payments received only and does not cover any retention or items furnished after said date. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned.
Dated:_____________ _____________________________ (Company name)

By:_________________________
Title: (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of a progress payment and the claimant has been paid the progress payment, the waiver and release must be in the following form:
UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
(Use to Induce Progress Payment When Claimant Has Been Paid)
The undersigned has been paid and has received a progress payment in the sum of $___________________ for labor, services, equipment, or material furnished to _________________________________ (contractor or subcontractor) on the job of _________________________________ (owner) located at _______________________________ (job description) and does hereby release any mechanic's lien or bond right that the undersigned has on the above-referenced job to the following extent. This release covers a progress payment for labor, services, equipment, or materials furnished to _________________________________ (contractor or subcontractor) to the extent of payments received only and does not cover any retention or items furnished after that date.

1868

JOURNAL OF THE HOUSE,

Dated:

(Company name)

By:________________________

Title:____________________________ NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. (e) When the claimant is requested to execute a waiver and release in exchange for or in order to induce the payment of final payment and the claimant is not paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release must be in the following form:

CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT

(Use to Induce Final Payment When Claimant is not paid or is paid by Joint Check)

Upon receipt by the undersigned of a check from

_________________________________ (maker of check) in the sum of

$____________________

payable

to

(payee or payees of check) and

when the check has been properly endorsed and has been paid by the bank upon

which it is drawn, this document shall become effective to release any mechanic's

lien or bond right the undersigned has on the job of

__________________________________ (owner) located at

_________________________________ (job description). This release

covers the final payment to the undersigned for all labor, services, equipment, or

material furnished on the job, except for disputed claims for additional work in the

amount of $____________________. Before any recipient of this document

relies on it, the party should verify evidence of payment to the undersigned.

Dated:_____________ _____________________________ (Company name)

By:_________________________
Title:__________________________ (f) When the claimant is requested to execute a waiver and release in exchange for, or in order to induce payment of a final payment and the claimant has been paid the final payment, the waiver and release must be in the following form:
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
(Use to Induce Final Payment When Claimant has been Paid)
The undersigned has been paid in full for all labor, services, equipment, or material furnished to ____________________________________________ (contractor or subcontractor) on the job of _________________________________ (owner) located at _______________________________ (job description) and does hereby waive and release any right to a mechanic's lien or any right against a labor and material bond on the job except for disputed claims for extra work in the amount of $___________________.

Dated:

MONDAY, FEBRUARY 26, 1990

1869 (Company name)

Title: NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM. (g) This Code section does not affect the enforceability of either an accord and satisfaction regarding a bona fide dispute or any agreement made in settlement of an action pending in any court or an arbitration provided the accord and satisfaction or settlement agreement make specific reference to the mechanic's lien or bond claim and this Code section.'"
By redesignating Section 3 as Section 4.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot Bargeron Y Barnett,B Y Barnett.M Y Bates Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Y Brown YBuck
Y Buford YByrd
Y Campbell Y Carrell
Y Carter Y Chambless
Chance Cheeks

Y Childers Y Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Moody
YMorton Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham
YParrish Patten Pettit
Y Pinkston YPoag Y Porter
Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y StancilS Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
WiUiams,J
Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1870

JOURNAL OF THE HOUSE,

HB 1393.

By Representatives Abernathy of the 39th, Walker of the 115th, Lee of the 72nd, Benn of the 38th, Baker of the 51st and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, so as to provide for the crime of distributing a controlled substance to an unborn child.

The following amendment was read:

Representative Cummings of the 134th, et al. move to amend HB 1393 as follows:
On page 1 after subparagraph (a) a new paragraph to read:
It shall further be unlawful for any person to father a child with a partner who is addicted to a controlled substance.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Aaron N Abernathy
N Adams Y Aiken
Alford Y Alien
Athon Y Atkins N Bailey
Baker
N Balkcom Bannister Barfoot Bargeron
N Barnett.B Barnett,M
Y Bates Beck
N Benefield YBenn
N Birdsong Y Bishop Y Bostick
Branch N Breedlove Y Brooks
Y Brown YBuck
Buford NByrd
Campbell Y Carrell N Carter
Chambless Chance Cheeks

N Childers Y Clark,B
N Clark.H N Clark,L Y Coleman
Colwell Y Connell E Couch
Y Crawford N Crosby N Cummings,B Y Cummings,M N Davis,C
Davis.G Y Davis,M
Dixon.H
Dixon.S Y Dobbs Y Dover N Dunn
Edwards Y Ehrhart Y Felton N Fennel
N Floyd,J.M Floyd,J.W Foster Godbee
Y Goodwin N Green N Greene
Gresham Griffin N Groover N Hamilton
Hanner

N Harris
Hasty
N Heard Y Herbert N Holcomb N Holland Y Holmes Y Hooks
N Howren N Hudson Ylrwin Y Isakson
Jackaon,J Jackson.W
Jamieson N Jenkins Y Johnson N Jones N Kilgore
Kingston
Lane,D N Lane,R Y Langford N Lawrence
Lawson NLee Y Linder
Long Lord Y Lucas Y Lupton Mangum Y Martin N McCoy McDonald McKelvey

Y McKinney,B Y McKinney.C
Y Meadows Milam
Y Mobley Moody
Y Morton Moultrie
Y Mueller N Oliver.C Y Oliver,M NOrr Y Orrock N Padgett Y Pannell
N Parham N Parrish
Patten Pettit Pinkston NPoag Y Porter NPoston Y Powell YRandall Y Ransom
NRay N Reaves
Y Redding Y Richardson Y Ricketson
Robinson
Royal Selman Simpson Y Sinkfield

Y Smith,L Smith.P
N Smith.T Smith,W
YSmyre
NSnow N Stancil,F Y Stancil,S
Y Stanley N Steele
Stephens N Streat YTeper N Thomas.C Y Thomas,M Y Thompson Y Thurmond N Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C N Walker,L N Wall
Ware N Watson
Watts Y White Y Wilder
Williams.B Williams,J N Yates N Yeargin Murphy,Spkr

On the adoption of the amendment, the ayes were 65, nays 57. The amendment was lost.

The following amendment was read:

Representative Cummings of the 134th, et al. move to amend HB 1393 as follows: On page 1, line 26 change "may" to "shall".

MONDAY, FEBRUARY 26, 1990

1871

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien
Athon N Atkins
Bailey
Baker Y Balkcom
Bannister Barfoot Bargeron Barnett,B
Barnett,M Y Bates
Beck Y Benefield YBenn
Y Birdsong Y Bishop
Bostick Branch N Breedlove Y Brooks Y Brown
YBuck Buford Byrd Campbell
Y Carrell N Carter
Y Chambless Chance Cheeks

Y Childers
Y Clark,B Y Clark,H
Clark.L Y Coleman
Colwell Y Connell E Couch Y Crawford
N Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G N Davis,M
Dixon.H Dixon,S Y Dobbs Y Dover Y Dunn Edwards Y Ehrhart Felton Y Fennel N Floyd,J.M Floyd,J.W Foster
Godbee YGoodwin
Y Green N Greene
Gresham Griffin
Y Groover
Hamilton
Hanner

Harris
Hasty
N Heard
Y Herbert Holcomb
Y Holland Y Holmes Y Hooks Y Howren
N Hudson Ylrwin
Ylsakson Jackson,J Jackson,W Jamieson
N Jenkins
Y Johnson
Y Jones N Kilgore
Kingston Lane.D N Lane.R Y Langford N Lawrence N Lawson YLee Y Linder
Long Lord Y Lucas
Y Lupton
Mangum Y Martin Y McCoy
McDonald McKelvey

Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley
Moody N Morton
Moultrie Y Mueller
Y Oliver.C Y Oliver.M NOrr YOrrock Y Padgett Y Pannell N Parham
Y Parrish
Patten Pettit
Pinkaton
NPoag
Y Porter Y Poston Y Powell YRandall N Ransom NRay Y Reaves Y Redding Y Richardson N Ricketson
Robinson
Royal Sehnan Simpson Y Sinkfleld

On the adoption of the amendment, the ayes were 83, nays 29.

Smith,L Smith,P Smith,T
Smith,W YSmyre YSnow Y Stancil,F N Stancil,S
Y Stanley NSteele
Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thunnond N Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan N Waddle
Walker.C Y Walker,L NWall
Ware
N Watson N Watts Y White N Wilder Y WiUiams,B
Williams,J
Yates Yeargin
MurphytSpkr

The amendment was adopted.

Representative Orr of the 9th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Childers of the 15th moved that HB 1393 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:

Y Aaron
N Abemathy Y Adams Y Aiken
Alford Y Alien
Athon N Atkins
Y Bailey Baker
N Balkcom Bannister Barfoot Bargeron
Y Barnett,B Barnett.M
N Bates Beck
Y Benefield YBenn

Y Birdsong
Y Bishop
N Bostick Branch
Y Breedlove
Brooks Y Brown YBuck
Buford NByrd
Campbell
Y Carrell N Carter Y Chambless
Chance Cheeks Y Childers Y Clark.B Y Clark.H N Clark.L

Y Coleman
Colwell
N Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
N Davis.C Davis.G
N Davis,M Dixon.H Dixon.S Dobbs
Y Dover N Dunn
Edwards N Ehrhart
Felton Y Fennel

Y Floyd,J.M Floyd,J.W
Foster God bee YGoodwin Green N Greene Gresham
Griffin Y Groover Y Hamilton
Manner Harris Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

N Howren N Hudson
Ylrwin Ylsakson
Jackson,J Jackson.W Jamieson N Jenkins
N Johnson Y Jones Y Kilgore
Kingston Lane.D YLane,R Langford Y Lawrence N Lawson YLee Y Linder
Long

1872

JOURNAL OF THE HOUSE,

N Lord Y Lucas Y Lupton
Mangum Y Martin Y McCoy
McDonald McKelvey
YMcKinney,B Y McKinney.C N Meadows
Milam Y Mobley
Moody N Morton
Moultrie

N Mueller Y Oliver.C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Patten Pettit Pinkston
N Poag
Y Porter Y Poston
Y Powell

N Randall Y Ransom N Ray N Reaves N Redding Y Richardson Y Ricketson
Robinson
Royal Selman Simpson Y Sinkfield Y Smith.L
Smith,P N Smith.T
Smith, W

N Smyre Y Snow Y Stantil.F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat
Y Teper Y Thomas,C Y Thomas,M N Thompson Y Thurmond
Y Titus N Tolbert
Y Townsend

Twiggs N Vaughan Y Waddle
Walker.C Y Walker,L N Wall
Ware N Watson
Watts N White N Wilder
Williams,B Williams,J
N Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 81, nays 38. The motion prevailed.

Representative Cheeks of the 89th was excused from attendance for the afternoon session because of illness.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 27, 1990

1873

Representative Hall, Atlanta, Georgia Tuesday, February 27, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Sanford N. Willard, Pastor, First United Methodist Church, Bremen, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 2049. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to create a board of elections and registration for Catoosa County and provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2050. By Representatives Herbert of the 76th and Yates of the 75th: A bill to amend an Act creating a new charter for the City of Griffin, so as to designate the chairman of the board of commissioners; to provide for the selection of a chairman pro tern; to define the powers and duties of the chairman.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2051. By Representative Lord of the 107th: A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

1874

JOURNAL OF THE HOUSE,

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 2052. By Representatives Redding of the 50th, Clark of the 55th, Williams of the 54th, Williams of the 48th, Teper of the 46th and others:
A bill to amend an Act imposing certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, so as to provide for meetings between certain individuals from the City of Atlanta and from DeKalb County to discuss provisions of contracts regarding the delivery of services in "Atlanta in DeKalb".
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2053. By Representatives Barfoot of the 120th, Moody of the 153rd and Byrd of the 153rd:
A bill to provide that future school superintendents of the Toombs County School District shall be appointed by the board of education rather than elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2054. By Representative Thomas of the 69th:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to provide that review of zoning decisions of municipal and county governments shall be by direct appeal.
Referred to the Committee on Judiciary.

HB 2055. By Representative Jenkins of the 80th:
A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the elections and terms of members of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 2013 HB 2014 HB 2015 HB 2016 HB 2017 HB 2018
2019
HR 909? H HBB 22002212
HB 2023 HB 2024
HB 2025 HB 2026 HB 2027
HB 2028

HB 2029 HB 2030 HB 2031 HB 2032 HB 2033 HB 2034 HB 2035
HB 2036 H HiRJ 9M<Mil7
HB 2038 HB 2039
HB 2040 HB 2041 HB 2042
HB 2043

TUESDAY, FEBRUARY 27, 1990

1875

HB 2044 HB 2045 HB 2046 HB 2047 HB 2048 HR 956 HR 957 HR 959 HR 960 SB 307 SB 509 SB 514 SB 642 SB 662 SB 682 SB 693 SB 707 SB 709

SB 710 SB 711 SB 714 SB 719 SB 723 SB 735 SB 741 SB 745 SB 746 SB 747 SB 748 SB 749 SB 750 SB 751 SR 427 SR 443 SR 457 SR 461

Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 82 Do Not Pass SB 80 Do Not Pass
Respectfully submitted, /s/ Cummings of the 17th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 568 Do Pass HR 569 Do Pass HR 570 Do Pass HR 571 Do Pass

HR 634 Do Pass SB 717 Do Pass SB 718 Do Pass SR 442 Do Pass

Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

1876

JOURNAL OF THE HOUSE,

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1904 Do Pass, as Amended HB 1997 Do Pass HB 1998 Do Pass HB 1999 Do Pass HB 2000 Do Pass HHBB 22000013 DDoo PPaassss
HB 2005 Do Pass
HB 2008 Do Pass
HB 2010 Do Pass

HB 2012 Do Pass SB 675 Do Pass SB 722 Do Pass SB 731 Do Pags SR 742 - p SB" 743 1D?o JP>ass
SB 744 Do Pass
HB 2009 Do Pass
HB 2011 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 27, 1990
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:
HR 683 Joint Committee on Environmental Protection Services; Create
SB 503 Controlled Substances; Licensing Sanction; Certain Occupation SB 508 Georgia Residential Finance Authority; Expand Powers SB 540 Credit Unions; Investment of Funds; Loan Participation SB 563 Dams; Expiration Date for Certain Exemption SB 567 Transportation Serv. for Elderly and Handicapped Persons; Amend SB 572 Prof. Couns.; Soc. Wkrs.; Marriage/Family Ther. Bd. of; Term Date SB 573 Dispensing Opticians, Board of; Termination Date SB 580 Law Enforcement; Assistance; Institution of the Univ. System SB 588 Examining Boards; Questions; Confidentiality SB 605 Water Pollution; Combined Sewer Overflow System; Permit SB 606 Water Pollution; Combined Sewer Overflow; Treatment Plan SB 632 Charities; Endowment Fund; Historic Dollar Value
SR 116 Public Officials; Certain Crimes; Ineligibility to Hold Office-CA SR 297 Glynn County; Placement of Marker on Colonel's Island SR 304 Georgia 1992 Commission; Provide SR 362 Luther V. Land Bridge; Designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

TUESDAY, FEBRUARY 27, 1990

1877

HB 2009.

By Representatives Dixon of the 128th, Pannell of the 122nd, Hamilton of the 124th, Kingston of the 125th and Mueller of the 126th:
A bill to provide for a homestead exemption of $30,000.00 from all City of Pooler ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B
Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark,H Clark,L Coleman
Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon,H Y Dizon,S Y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Floyd,J.W
Y Foster
YGodbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D
YLane,R Y Langford Y Lawrence Y Lawaon
YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum
Martin
YMcCoy McDonald
Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C Oliver ,M YOrr Y Orrock Y Padgett Y Pannell Parham Parrish Y Patten Pettit Pinkston YPoag Porter YPoston Y Powell Randall Y Ransom YRay
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith.L Y Smith,P Y Smith.T
Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker,L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Wiffiams,B Y Williams^
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Clark of the 13th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Stephens of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 2011.

By Representative Jenkins of the 80th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for certain individuals; to provide an additional $4,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for individuals 65 years of age or older.

1878

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B Y Clark,H
Clark,L
Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B
Y Cummings,M Y Davis.C Y Davis.G Y Davis,M Y Diion,H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D YLane.R Y Langford
Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald
Y McKelvey

Y McKinney,B Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell Parham Parrish Y Patten Pettit Pinkston YPoag Porter
YPoston Y Powell
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson
Sinkfield

Y Smith.L Y Smith,? Y Smith.T Y Smith,W YSmyre
YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker,L YWall Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B Y WiUiams,J YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 1904. By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the unification of the existing governments of the City of Athens and Clarke County; to provide for the creation of the unified government of Athens-Clarke County, Georgia.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1904 by striking all matter on line 22 of page 19 and inserting in lieu thereof the following:
"(1) Adopt and from time to time amend the budget;".
By striking the word "publish" on line 20 of page 22 and inserting in lieu thereof the following:
"cause to be published".
By striking the word "the" in both places it appears on line 14 of page 31 and inserting in lieu thereof in each such place the words "a proposed".

TUESDAY, FEBRUARY 27, 1990

1879

By striking the words "for approval" on line 19 of page 31.
By striking the words "serve at the pleasure of the Commission and" on line 1 of page 33 and inserting in lieu thereof the following:
"be appointed by a majority vote of the entire Commission for a term of two years; may succeed himself or herself; and at any time".
By striking all matter on lines 18 through 27 of page 34 and inserting in lieu thereof the following:
"Section 4-103. Attorney; Appointment; Term; Qualifications; Duties; Compensation, (a) The CEO shall make nonbinding recommendations to the Commission for the 'Attorney' of the unified government (referred to at times in this charter as the 'Attorney'). The Attorney shall be appointed by a majority vote of the entire Commission for a term of two years; may succeed himself or herself; and at any time may be removed by a majority vote of the entire Commission."
By striking all matter on lines 3 through 12 of page 35 and inserting in lieu thereof the following:
"Section 4-104. Auditor; Appointment; Term; Duties; Qualifications; Compensation, (a) The CEO shall make nonbinding recommendations to the Commission for the 'Auditor' of the unified government (referred to at times in this charter as the 'Auditor'). The Auditor shall be appointed by a majority vote of the entire Commission for a term of two years; may succeed himself or herself; and at any time may be removed by a majority vote of the entire Commission."
By striking all matter on line 14 of page 56 and inserting in lieu thereof the following:
"Commission may approve, reject, or modify the proposed".
By striking all matter on lines 32 through 34 of page 76 and on lines 1 through 6 of page 77 and inserting in lieu thereof the following:
"(2) Within one year of the completion of the rate study provided for in this paragraph, the unified government shall adopt a uniform residential rate for water and sewer services throughout Athens-Clarke County. During the first six months after the effective date of this charter a rate study shall be made, and the equalization of water and sewer rates shall be completed within one year of the completion of the rate study;".
By striking all matter on lines 15 through 18 of page 83 and inserting in lieu thereof the following:
"of the State of Georgia, hereby constitutes the members of the Clarke County legislative delegation as a legislatively created charter commission and authorizes the Clarke County legislative delegation acting as a legislatively created charter commission, in consultation with the original informally created 15 member Athens-Clarke Unification Commission, to amend the charter to satisfy any".
By striking all matter on pages 86, 87, and 88 and inserting in lieu thereof the following:
"Appendix A
For the purpose of electing the ten members of the Commission from commissioner districts, the territory of Athens-Clarke County shall be divided into the following districts, which are described by the use of census terms:
District 1
Clarke Tract 14.01 Blocks 101 through 107, 110 through 112, and 116 through 122

1880

JOURNAL OF THE HOUSE,

Tract 14.02 Block Groups 1 through 6 Blocks 701 through 707 and 722 That part of Blocks 723 and 724 lying southeast of the Southern Railroad Line Blocks 725 through 732
Tract 15.02 Blocks 101 through 114 and 126 through 134 Block Group 2
District 2
Clarke Tract 3 Block Groups 1 and 2 Blocks 301 through 345 Tract 14.01 Blocks 108, 109, and 113 through 115 Block Group 2 Tract 14.02 Blocks 708 through 721 That part of Blocks 723 and 724 lying northwest of the Southern Railroad Line
District 3
Clarke Tract 1 Blocks 106 through 115, 118 through 127, and 137 through 142 Tract 2 Block Group 1 Tract 5 Block 101 Tract 6 Blocks 110 and 125 through 143 Block Group 2 Tract 9
District 4
Clarke Tract 1 Blocks 101 through 105, 116, 117, and 128 through 136 Tract 3 Blocks 346 through 360 Tract 4 Tract 5 Blocks 102, 104, and 105 Tract 10 Blocks 201 through 213 and 215 through 227 Tract 11 Blocks 205 through 218 Blocks 301 through 310

TUESDAY, FEBRUARY 27, 1990

1881

District 5
Clarke Tract 2 Block Group 2 Tract 6 Blocks 101 through 109 and 111 through 124 Tracts 7 and 8
District 6
Clarke Tract 13.01 Blocks 101 through 107 Block Groups 2 through 4 That part of Block 502 which lies northwest of Highway 10 (the Bypass) Blocks 503 through 510 Tract 13.02
District 7
Clarke Tract 5 Block 103 Tract 10 Blocks 101 through 115 and 117 through 131 Block 214 Tract 11 Block Group 1 Blocks 201 through 204 Tract 12 Tract 13.01 Blocks 108 through 121 That part of Block 502 which lies southeast of Highway 10 (the Bypass) Tract 15.02 Blocks 401 through 414 and 417
District 8
Clarke Tract 11 Blocks 311 through 317 Tract 15.01 Tract 15.02 Blocks 135 and 136 Block Group 3 Blocks 415 and 416
District 9
Clarke Tract 1 Tract 2 Block Group 1 Tracts 3 and 4

1882

JOURNAL OF THE HOUSE,

Tract 5 Blocks 101, 102, 104, and 105
Tract 6 Blocks 110, 125 through 143 Block Group 2
Tract 9 Tract 10
Block 116 Blocks 201 through 213 and
215 through 227 Tract 11
Blocks 205 through 218 Blocks 301 through 310 Tracts 14.01 and 14.02 Tract 15.02 Blocks 101 through 114 and
126 through 134 Block Group 2
District 10
Clarke Tract 2 Block Group 2 Tract 5 Block 103 Tract 6 Blocks 101 through 109 and 111 through 124 Tracts 7 and 8 Tract 10 Blocks 101 through 115 and 117 through 131 Block 214 Tract 11 Block Group 1 Blocks 201 through 204 Blocks 311 through 317 Tracts 12, 13.01, 13.02, and 15.01 Tract 15.02 Blocks 135 and 136 Block Groups 3 and 4
For the purposes of this appendix:
(1) The terms 'Tract,' 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Any part of Athens-Clarke County, Georgia, which is not included in any district described in this appendix shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 27, 1990

1883

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark.H
Clark,L Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis,G Y Davis,M Y Don,H Y Dixon,S YDobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
FloydJ.W Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Hooks
Y Howren Hudson
Ylrwin
Ylsakson Y Jackson,J
Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr YOrrock Y Padgett Y Pannell
Parham Parrish Y Patten
Pettit Pinkston YPoag
Porter YPoston Y Powell
Kandall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre Y Snow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat
YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs YVaughan Y Waddle
Walker.C Walker,L YWall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams^
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1997. By Representatives Dover of the llth, Jamieson of the llth and McDonald of the 12th:
A bill to amend an Act providing a salary for the coroner of Banks County, so as to change the compensation of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield

Benn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks
Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B

Y Clark.H CIark,L
Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C
Y Davis.G Y Davis,M Y Dixon.H Y Diion,S YDobbs
Y Dover YDunn Y Edwards

Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M
FloydJ.W Y Foster YGodbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Y Herbert

Y Holcomb Y Holland
Y Holmes Hooks
Y Howren Hudson
Ylrwin Ylsakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford

1884

JOURNAL OF THE HOUSE,

Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald
Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Milam

Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Pettit Pinkston
YPoag

Porter
Y Poston Y Powell
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P

Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens Y Streat YTeper
Y Thomas,C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert

Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L YWall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1998.

By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide for retaining terms of office of two years for the mayor and council members; to provide for the date of municipal elections.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark,H
Clark,L
Coleman Y Colwell
Y Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings,M Y Davis,C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster YGodbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Y Groover
Y Hamilton Y Banner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston YLane.D YLane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas
Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey

Y McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr
Y Orrock
Y Padgett Y Pannell
Parham Parrish Y Patten
Pettit
Pinkston
YPoag Porter
YPoston Y Powell
Randall Y Ransom YRay
Reaves Redding Y Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

On the passage of the Bill, the ayes were 146, nays 0.

Y Smith.L
Y Smith,P Y Smith.T Y Smith,W YSmyre
YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens
Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker,L
YWall Y Ware Y Watson
Y Watts Y White Y Wilder Y WUliams.B Y Williams,J YYates Y Yeargin
Murphy,Spkr

TUESDAY, FEBRUARY 27, 1990

1885

The Bill, having received the requisite constitutional majority, was passed.

HB 1999.

By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the Town of East Dublin, so as to provide that three members of the city council shall be elected by district and two members shall be elected at large.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Clark.L Coleman Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W
Y Foster YGodbee YGoodwin Y Green
Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Hooks
Y Howren
Hudson Ylrwin Y Isakson Y Jackson,J
Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawrence YLawson
YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morion Y Moultrie Y Mueller
Oliver.C 01iver,M YOrr
Y Orrock Y Padgett Y Pannell
Parham Parrish Y Patten
Pettit Pinkston
YPoag Porter
YPoston Y Powell
Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketeon Y Robinson Y Royal YSelman Y Simpson Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil.S Y Stanley YSteele
Stephens Y Streat YTeper
Y Thomas,C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C
Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2000.

By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th, Mangum of the 57th, Richardson of the 52nd and others:
A bill to amend an Act creating the Avondale Estates Development Authority, so as to provide for the Avondale Estates Business District.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams

Aiken Alford Y Alien

Y Athon Y Atkins Y Bailey

Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

1886

JOURNAL OF THE HOUSE,

Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark.L Coleman Y Colwell
Y Connell
E Couch Y Crawtord
Crosby Y Cummings.B Y Cummings,M

Y Davis,C
Y Davis.G Y Davis.M Y Dixon,H Y Dixon,S YDobbs Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster YGodbee YGoodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren

Hudson Ylrwin Ylsakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins
Johnson
Y Jones
Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey
Y McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller
Oliver.C 01iver,M YOrr YOrrock
Y Padgett Y Pannell
Parham
Parrish
Y Patten Pettit
Pinkston
YPoag Porter
YPoston Y PoweU
RandaU Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Sinkfield Y Smith,L Y Smith,P Y Smith,T

Y Smith.W Y Smyre
YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C
Walker.L YWall Y Ware Y Watson Y Watts Y White Y Wilder Y WiUiams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2001.

By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and Walker of the 85th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of the solicitor of the state court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Alford Y Alien
Y Athon Y Atkins
Y Bailey Baker
YBalkcom Y Bannister YBarfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates
YBeck Y Benefleld
Benn Y Birdsong Y Bishop

Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark,H Clark,L
Coleman Y Colwell Y Connell E Couch

Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C
Y Davis,G Y Davis,M Y Diion,H Y Diion,S
YDobbs Y Dover YDunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M
FloydJ.W Y Foster YGodbee YGoodwin Y Green

Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson
Ylrwin Ylsakson Y JacksonJ
Jackson.W Y Jamieson Y Jenkins

Johnson
Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey Y McKinney,B Y McKinney.C

TUESDAY, FEBRUARY 27, 1990

1887

Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Par ham

Parrish
Y Patten Pettit Pinkston
YPoag Porter
Y Poston Y Powell
Randall Y Ransom YRay
Reaves
Redding Y Richardson

Y Ricketson
Y Robinson Y Royal YSelman Y Simpson
Sinkfleld
Y Smith.L Y Smith,P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S

Y Stanley
Y Steele Stephens
Y Streat YTeper Y Thomas,C
Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan

Y Waddle Walker.C Walker,L
Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2003.

By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to amend an Act creating a new board of commissioners of Cherokee County, so as to provide for a code of ethics for the members of the governing authority of Cherokee County; to provide for the creation of an independent Board of Ethics of Cherokee County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien
Y Athon Y Atkins
Y Bailey Baker
Y Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H
Clark.L Coleman Y Colwell
Y Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis,G Y Davis.M Y Dixon,H Y Dixon,S
Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton
Y Fennel
Y Floyd,J.M FloydJ.W
Y Foster YGodbee YGoodwin Y Green
Y Greene YGresham Y Griffin Y Groover
Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Hooks
Y Howren Hudson
Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D YLaneJl
YLangford Y Lawrence Y Lawson YLee
Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald
Y McKelvey

Y McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver.C 01iver,M YOrr
YOrrock
Y Padgett Y Pannell
Parham Parrish Y Patten Pettit Pinkston
YPoag Porter
Y Poston Y Powell
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson
Y Robinson Y Royal YSelman
Y Simpson Sinkfield

On the passage of the Bill, the ayes were 146, nays 0.

Y Smith,L
Y Smith,P Y Smith.T
Y Smith.W YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Walker ,L YWall Y Ware Y Watson Y Watts Y White
Y Wilder Y Williams,B Y Williams^ Y Yates Y Yeargin
Murphy,Spkr

1888

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 2005. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act establishing the "Clayton County Commission on Children and Youth," so as to change the membership of the commission; to change the date on which the commission is abolished.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B Y Clark.H
Clark,L Coleman Y Colwell Y Connell E Couch Y Crawford Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dison.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell Parham Parrish Y Patten Pettit Pinkston YPoag Porter YPoston Y Powell Randall Y Ransom YRay Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y StanciLS Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2008.

By Representative Heard of the 43rd:
A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to change the qualifications and terms of the mayor and council; to change the date of the municipal election.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 27, 1990

1889

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Baker
Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark,H
Clark.L Coleman Y Colwell
Y Connell E Couch Y Crawford
Crosby Y Cummmgs,B Y Cummings.M Y Davis.C Y Davis,G Y Davis,M Y Dixon.H Y Diion.S YDobbs Y Dover
YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Banner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Y Under YLong YLord
Lucas
Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey

Y McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Mortal Y Moultrie Y Mueller
Oliver.C Oliver,M YOrr YOrrock
Y Padgett Y Pannell
Parham Parrish
Y Patten Pettit Pinkston
YPoag Porter
Y Poston Y Powell
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson
Y Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith,L
Y Smith,P Y Smith/I Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker,L YWall YWare Y Watson Y Watts Y White
Y Wilder Y Williams.B Y WilliamsJ YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2010. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act incorporating the City of Sky Valley, so as to authorize the retention of staggered two-year terms of office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop

Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford
YByrd
Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H
Clark,L
Coleman Y Colwell Y Connell E Couch

Y Crawford Crosby
Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green

Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins

Johnson Y Jones Y Kilgore Y Kingston YLane,D
Y Lane.R Y Langford
Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin
YMcCoy McDonald
Y McKelvey Y McKinney,B Y McKinney.C

1890

JOURNAL OF THE HOUSE,

Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C 01iver,M YOrr Y Orrock Y Padgett Y Pannell Parham

Parrish
Y Patten Pettit
Pinkston YPoag
Porter Y Poston Y PoweU
Randall
Y Ransom YRay
Reaves Redding Y Richardson

Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield Y Smith,L Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,P Y Stancil,S

Y Stanley Y Steele
Stephens YStreat YTeper
Y Thomas,C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan

Y Waddle Walker.C Walker,L
YWall Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B Y Williams.J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2012.

By Representatives Dixon of the 128th, Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd and Kingston of the 125th:
A bill to amend an Act creating a new Charter for the Town of Pooler, so as to change the provisions relating to the time of election, taking of office, and terms of office of the Mayor and Alderman.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abemathy Y Adams
Aiken Alford Y Alien Y Athon Y Atkins
Y Bailey Baker
Y Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B
Y Barnett.M Y Bates YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark,H Clark,L Coleman
Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cuinmings,B Y Cummings,M
Y Davis,C Y Davis.G Y Davis,M
Y Dim,H Y Dixon,S YDobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster YGodbee YGoodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin Ylsakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawrence YLawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum
Martin
YMcCoy McDonald
Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows
YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C Oliver,M YOrr Y Orrock Y Padgett Y Pannell Parham Parrish Y Patten Pettit Pinkston
YPoag Porter
Y Poston Y PoweU
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman
Y Simpson Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Y Smith,W YSmvre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Stephens
Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Walker.L YWall Y Ware
Y Watson Y Watts Y White Y Wilder Y WiUiams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 27, 1990

1891

SB 675. By Senator Echols of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the compensation of the judge and solicitor of the state court; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark,H
Clark,L Coleman Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M
FloydJ.W Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin Ylsakson Y Jackson,.!
Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston YLane,D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey

Y McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Y Orrock Y Padgett Y Pannell Parham Parrish Y Patten Pettit Pinkston YPoag Porter YPoston Y Powell Randall Y Ransom YRay
Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley
YSteele
Stephens Y Streat YTeper Y Thomas,C Y Thomas,M
Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker,C Walker.L YWall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,,)
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having reeeived the requisite constitutional majority, was passed.

SB 722. By Senators Ragan of the 32nd, Clay of the 37th, Newbill of the 56th and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the provisions relating to the position of chief judge of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken

Alford Y Alien Y Athon Y Atkins

Y Bailey Baker
Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M

Y Bates YBeck Y Benefield
Benn

1892

JOURNAL OF THE HOUSE,

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H
Clark,L Coleman Y Colwell Y Connell E Couch Y Crawford Crosby Y Cummings,B Y Cummings.M
Y Davis,C Y Davis.G
Y Davis.M Y Dixon.H

Y Dixon,S
YDobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster
YGodbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Banner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson
Ylrwin
Y Isakson

Y Jackaon,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie

Y MueUer Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Parham Parrish Y Patten
Pettit Pinkston
YPoag
Porter
YPoston
Y PoweU RandaU
Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith,P
Y Smith,T Y Smith.W

Y Smyre Y Snow Y Stancil,F Y StanciLS
Y Stanley YSteele
Stephens Y Streat
YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker,L YWall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 731. By Senator Kidd of the 25th:
A bill to provide for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Ocmulgee Judicial Circuit; to provide an effective date; to repeal a specific Act.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon
Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove
Brooks
Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark,H
Clark,L Coleman Y Colwell
Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M

Y Davis.C
Y Davis.G Y Davis,M Y Diion.H Y Diion.S Y Dobbs
Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y FloydJ.M Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Hooks
Y Howren Hudson
Ylrwin Y Isakson Y Jackson^!
Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones
Y Kilgore Y Kingston Y Lane,D YLane,R Y Langford Y Lawrence

Y Lawson
YLee Y Linder
YLong YLord
Lucas
Y Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey
Y McKinney.B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver.C Oliver ,M YOrr

TUESDAY, FEBRUARY 27, 1990

1893

Y Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Pettit Pinks ton YPoag Porter YPoston Y Powell

Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson
Sinkfield

Y Smith,L
Y Smith,? Y Smith.T Y Smith.W
YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens Y Streat

YTeper
Y Thomas,C Y Thomas,M
Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C

Walker,L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 742. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates
YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y CIark,B
Y Clark,H Clark.L Coleman
Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis.M Y Diron.H Y Dixon,S YDobba Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster YGodbee YGoodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson YJrwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane.D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Oliver.C Oliver,M YOrr Y Orrock Y Padgett Y Pannell Parham Parrish Y Patten Pettit Pinkston YPoag Porter YPoston Y Powell Randall Y Ransom YRay
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith.L Y Smith,P Y Smith,T
Y Smith,W YSmyre
YSnow Y Stancil,F Y StanciLS Y Stanley Y Steele
Stephens
Y Streat YTeper
Y Thomas,C Y Thomas,M Y Thompson
Thunnond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C
Walker,L YWall Y Ware
Y Watson Y Watts
Y White Y Wilder YWffliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1894

JOURNAL OF THE HOUSE,

SB 743. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, as amended, so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Aiken Alford Y Alien Y Athon Y Atkins Y Bailey Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H
Clark,L Coleman Y Colwell Y Connell E Couch Y Crawford Crosby Y Cummings,B Y Cummings,M Y Davis,C
Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S YDobbs Y Dover YDunn Y Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
YLane,R Y Langford
Y Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum
Martin
YMcCoy McDonald
Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody YMorton
Y Moultrie Y Mueller
Oliver.C
Oliver,M YOrr YOrrock
Y Padgett Y Pannell
Parham Parrish Y Patten Pettit Pinkston YPoag Porter
YPoston Y PoweU
RandaU Y Ransom YRay
Reaves Redding Y Richardson Y Ricketeon Y Robinson Y Royal
YSelman Y Simpson
Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Walker,L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y WiUiams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 744. By Senators Ragan of the 32nd, Barnes of the 33rd and Newbill of the 56th:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the State Court of Cobb County; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams

Aiken
Alford Y Alien

Y Athon
Y Atkins Y Bailey

Baker Y Balkcom
Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark.L Coleman Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M

TUESDAY, FEBRUARY 27, 1990

Y Davis.C
Y Davis,G
Y Davis,M Y Diion,H Y Dixon.S YDobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren

Hudson
Ylrwin Ylsakson Y Jackson,J
Jackson,W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
YLane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody

Y Morton Y Moultrie
Y Mueller Oliver.C Oliver,M
YOrr
YOrrock Y Padgett Y Pannell
Parham Parrish Y Patten
Pettit Pinkston YPoag Porter YPoston Y Powell Randall Y Ransom YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield Y Smith,L Y Smith.P Y Smith.T

1895
Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker,L YWall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has agreed to the House amendment to the following Bill of the Senate:

SB 647. By Senator McKenzie of the 14th:
A bill to provide a new charter for the City of Ellaville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 577. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to authorize drug bidding programs and rebates relating thereto.

1896

JOURNAL OF THE HOUSE,

HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employment of certain contributors.

HB 1878. By Representative Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Butts County Board of Education, so as to provide for per diem and expenses of members of such board.

The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 1433. By Representative Childers of the 15th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the provisions relating to the termination of the State Board of Hearing Aid Dealers and Dispensers and the repeal of the laws relating thereto.

HB 1174. By Representative Lane of the 27th:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for investment authority for such board and control of investments.

HB 1582. By Representatives Lupton of the 25th, Martin of the 26th, Townsend of the 24th, Benn of the 38th, McKinney of the 35th and others:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshal of said court.

HB 1764. By Representative Lane of the 27th:
A bill to provide a homestead exemption for the homestead of each resident of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in the amount of $40,000.00 of its value.

HB 1839. By Representative Lord of the 107th: A bill to provide a new charter for the City of Sandersville, Georgia.

HB 1851. By Representative Bannister of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to change the corporate limits of the city.

TUESDAY, FEBRUARY 27, 1990

1897

HB 1863.

By Representatives Stephens of the 68th, Irwin of the 13th, Thurmond of the 67th and Clark of the 13th:
A bill to amend an Act establishing a City Court in the County of Clarke, so as to change the compensation of the Solicitor of the court; to make the Solicitor a full-time Solicitor.

HB 1876. By Representative McDonald of the 12th: A bill to create the Commerce Civic Center and Tourism Authority.

HB 1879.

By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act creating a new charter for the City of Hampton, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court.

HB 1880.

By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act incorporating the City of Stockbridge in the County of Henry, so as to provide for a municipal court and the judge or judges thereof.

HB 1881. By Representatives Smith of the 78th and Dunn of the 73rd:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to revise certain provisions relating to the jurisdiction and powers of the municipal court; to change certain provisions relating to judges, procedures, appeals, rules, and penalties.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 362. By Senators Coleman of the 1st, Huggins of the 53rd, Olmstead of the 26th and others:
A resolution designating the Luther V. Land Bridge.

The following Committee substitute was read and adopted:

A RESOLUTION
Designating the Luther V. Land Bridge and designating the J. R. Reeves Bridge; and for other purposes.
WHEREAS, Mr. Luther V. Land was born on July 23, 1896, in Muscogee County, Georgia; and
WHEREAS, he attended Muscogee County Public Schools, including Double Churches Elementary School, which was built on ground donated by the Land family; and
WHEREAS, he served with honor and distinction during World War I in the United States Navy as a Boatswain's Mate First Class, crossing the Atlantic Ocean many times before his honorable discharge on September 2, 1920; and
WHEREAS, he was a respected and devoted member of the Piney Grove Baptist Church until his death on May 26, 1976, at the age of 79 years; and

1898

JOURNAL OF THE HOUSE,

WHEREAS, he was both a firefighter and a farmer during his adult life, having worked as a professional firefighter for more than 30 years, and as a farmer on family land through which Douglas Creek runs in both Muscogee County and Harris County; and
WHEREAS, in recognition of the respect and love earned by him from his large family and many friends over the years, it is only fitting and proper that this state designate a permanent monument in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Douglas Creek on Georgia State Route 219 in Muscogee County, Georgia, is designated the Luther V. Land Bridge.
WHEREAS, James Randolph Reeves has long been recognized by the citizens of the City of Clarkesville for the vital role he has played in community leadership and for his deep personal commitment to the welfare of the members of his community; and
WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy to civic, religious, and charitable concerns as evidenced by his active involvement in the Clarkesville Lions Club, the Habersham County Hospital Authority, the Clarkesville United Methodist Church, the Clarkesville Masonic Lodge #325, and the board of trustees of the Clarkesville School; and
WHEREAS, he served with unparalleled skill as mayor of the City of Clarkesville and also as owner and operator of the family business, Reeves Hardware; and
WHEREAS, he has served his country with honor and distinction as a member of the United States Navy for a period of six years; and
WHEREAS, he has given generously and unstintingly of his time and interest in all matters relating to his community and his personal efforts are in large measure responsible for the vitality, strength, beauty, and success of the City of Clarkesville; and
' WHEREAS, it is abundantly fitting and proper that an appropriate memorial should be dedicated to this distinguished Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body heartily commend James Randolph Reeves for the over six decades of outstanding, dedicated, and selfless public service which he has rendered on behalf of the citizens of his community and state.
BE IT FURTHER RESOLVED that the bridge whereby Georgia Highway 115 crosses the Soque River west of downtown Clarkesville is named and designated as the J. R. Reeves Bridge.
BE IT FURTHER RESOLVED that the Georgia Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating the Luther V. Land Bridge and the J. R. Reeves Bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation, to the family of Luther V. Land, and to James Randolph Reeves.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 96, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

TUESDAY, FEBRUARY 27, 1990

1899

HB 1239. By Representatives Alien of the 127th, Mueller of the 126th, Johnson of the 123rd, Pannell of the 122nd and Dixon of the 128th:
A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges.

The following Senate substitute was read:

A BILL
To amend an Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), so as to change the provisions relating to senior judges of the recorder's court; to provide for the compensation of senior judges; to provide a limitation on compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) A judge who has served for a minimum of 15 years as a full-time judge of the recorder's court may, upon completion of the fifteenth year of service, if he or she so elects, become a senior judge of the recorder's court. A senior judge shall be ex officio a judge of the Recorder's Court of Chatham County and shall serve at the request of the judges of the recorder's court. Except as otherwise provided in subsection (b) of this section, a senior judge of the recorder's court shall be governed by the same rules as a senior judge of the superior courts, with the exception that he or she may, if desired, engage in the practice of law, if otherwise qualified.
(b) So long as he serves as a senior judge, said senior judge shall receive a per diem for his services as senior judge in the amount of $165.00 for each day's service as senior judge up to a maximum of $35,000.00 per annum. This subsection is not intended to limit the number of days which the senior judge may serve as a senior judge but is intended to limit the compensation for such services."
Section 2. This Act shall become effective January 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Alien of the 127th moved that the House agree to the Senate substitute to HB 1239.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

SR 304. By Senators Broun of the 46th, Parker of the 15th and Land of the 16th:
A resolution providing for the Georgia 1992 Commission and its composition and organization, terms, vacancies, compensation and allowances, authority, powers, duties, and abolition.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1900

JOURNAL OP THE HOUSE,

On the adoption of the Resolution, the ayes were 111, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 540. By Senator Phillips of the 9th:
A bill to amend Code Section 7-1-650 of the Official Code of Georgia Annotated, relating to the powers of a credit union, so as to authorize the investment of certain funds of credit unions by the buying or selling of loan participations through certain financial institutions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 572. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change certain provisions relating to the termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the repeal of the laws relating thereto.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H Y Clark,L Y Coleman Y Colwell
Y Connell E Couch
Crawford Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis,G Y Davis.M DUon,H Diion,S Dobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard Herbert
Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R
Langford Y Lawrence
Y Lawson YLee Y Linder YLong
Lord Lucas Y Lupton Y Mangum Y Martin YMcCoy McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith.P Y Smith,T Y Smith.W YSmyre YSnow
Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat YTeper
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Walker,!, YWall Y Ware
Y Watson Y Watts
White
Y Wilder Y WUliams,B Y Wiuiams,J Y Yates Y Yeargin
Murphy,Spkr

TUESDAY, FEBRUARY 27, 1990

1901

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on State Planning and Community Affairs:

SB 751. By Senator Gillis of the 20th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require persons selling or offering for sale certain personal property at flea markets to maintain certain records; to provide for requirements for such records; to provide for time periods.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 573. By Senator Howard of the 42nd:
A bill to amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change the provisions relating to the termination of the State Board of Dispensing Opticians and the repeal of the laws relating thereto; to provide for an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers Y Clark.B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell E Couch
Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis,M
Dixon,H Dixon,S Dobbs Y Dover
YDunn Y Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee YGoodwin Y Green
Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore
Kingston Y Lane,D
YLane,R Y Langford Y Lawrence Y Lawson
YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney,B McKinney,C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C 01iver,M
YOrr Orrock
Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit
Pinkston YPoag
Y Porter YPoston Y Powell
Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Robinson Y Royal Sebnan Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Y Smith,W YSmyre YSnow
Stancil.F Y Stancil,S Y Stanley
Steele Stephens Y Streat Y Teper Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Walker.L YWall
Y Ware Y Watson Y Watts
White Wilder
Y WiIliams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

1902

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 588. By Senators Deal of the 49th and Peevy of the 48th: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, so as to provide for confidentiality of examination questions and other examination materials; to clarify certain provisions relating to subpoenas; to modify the venue provisions for cease and desist orders; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Y Balkcom Y Bannister YBarfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childera Y Clark.B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G
Y Davis.M Dixon,H Dixon.S
YDobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green YGreene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Hudson
Ylrwin
Ylsakson Y Jackson,J Y Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston
YLane,D Y Lane,R
Langford Y Lawrence Y Lawson
YLee Y Linder YLong
Lord
Lucas Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey

McKinney,B McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett
Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston
YPoag Y Porter Y Poston
Powell Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith.T Y Smith.W YSmyre YSnow
Stancil,F Y Stancil,S
Stanley YSteele Y Stephens YStreat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
YVaughan Y Waddle
Walker.C Walker ,L YWall
Y Ware Y Watson Y Watts
White Wilder Y Williams,B
Y Wiffiams,J YYates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 67. By Representative Wall of the 61st:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that a person who has an out-of-state or out-of-county custody order must have its validity determined by the superior court of the county in which the school is located before that person may pick up his or her child or children from school.

TUESDAY, FEBRUARY 27, 1990

1903

The following Senate amendment was read:

Amend HB 67 by striking from lines 4, 20, and 25 of page 1 and line 7 of page 2 the following:
"physical".

Representative Wall of the 61st moved that the House agree to the Senate amendment to HB 67.
On the motion, the roll call was ordered and the vote was as follows:

Aaron
Y Abernathy Y Adams
Aiken Alford Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd
Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark.B Y Clark.H
Y Clark.L Coleman
Y Colwell
Y Connell E Couch Y Crawford
Crosby Y Cummings,B
Cummings,M
Y Davis.C Y Davis,G Y Davis,M Y Dixon.H
Dixon.S
Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston
YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
Lord
Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

On the motion, the ayes were 146, nays 0. The motion prevailed.

McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody
YMorton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr YOrrock
Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston
YPoag Porter
YPoston Y Powell
Randall Y Ransom YRay
Reaves
Y Redding Richardson
Y Ricketson Robinson
Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Smith,T
Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs YVaughan Y Waddle
Walker.C
Y Walker,L Y WaU Y Ware Y Watson Y Watts
White
Wilder Y Williams.B Y Willianw.J YYates Y Yeargin
Murphy,Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.

Representative Patten of the 149th moved that the House insist on its position in substituting SB 478.

1904

JOURNAL OF THE HOUSE,

The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1385.

By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employment of certain contributors.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to require the business, occupation, or place of employment of a person making a campaign contribution of more than $1,000.00 to be included in a campaign disclosure report; to provide for a definition; to create the Audit Division of the State Ethics Commission and provide for its powers, duties, and authority; to eliminate the authorization for conversion of contributions to personal use and certain other uses; to authorize certain transfers of such contributions to persons making such contributions; to provide that contributions and interest thereon, if any, shall not constitute personal assets of a candidate or public officer; to provide for applicability; to provide for an authorized use of certain contributions; to provide for additional disclosure requirements with respect to political action committees; to prohibit members of the General Assembly, public officers elected state wide, or the campaign committee of any such member or officer from accepting contributions during a legislative session; to limit the amount of contributions which persons, corporations, political committees, and other entities may contribute to candidates for state-wide elected office or the General Assembly; to provide for certain financial disclosure on the part of candidates for public office; to require disclosure of certain transactions with governmental entities; to require disclosure of certain income from parties represented by registered agents; to require disclosure of certain income tax returns and financial statements; to require disclosure relative to members of the family of a candidate for public office being registered agents for the purpose of aiding or opposing the enactment of legislation by the General Assembly; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by adding a new paragraph defining "political action committee" immediately following paragraph (14) of Code Section 21-5-3, relating to definitions regarding ethics in government, to be designated paragraph (14.1), to read as follows:
"(14.1) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee."
Section 1A. Said chapter is further amended by adding a new subsection creating the Audit Division of the State Ethics Commission at the end of Code Section 21-5-4, relating to the State Ethics Commission, to be designated subsection (h), to read as follows:

TUESDAY, FEBRUARY 27, 1990

1905

"(h) There is created the Audit Division of the State Ethics Commission. It shall be the duty of such audit division to audit and examine all reports and statements required to be filed under this chapter so as to determine their correctness and compliance with the provisions of this chapter. Such audit division shall be authorized to do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. Such audit division shall perform such other duties as may be provided for by the commission."
Section 1A.1. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-5-33, relating to disposition of campaign contributions, and inserting in their place new subsections to read as follows:
"(b) (1) All contributions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; or
\t*7 r or LF8.HsterFJII witnout iimitfltion to finy ns.tton8.1, stdte, OF locsl committee of any political party ef te any candidate;
{B) (C) For repayment en a pfe rata basis transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee;
1 ase in future campaigns for any elective office; repayment ef any prier campaign obligations incurred as a candidate; er

public officer shaH convert contributions te the personal use er benefit ef saeh candidate er such public officer unless such candidate er such public officer shall have:
\l) w ntten te every contn Dutor te tnc most recent campaign te notily tnc contributor that such candidate er such public officer intends te convert contributions to the personal ase ef such candidate er such public officer;
H) Extended an opportunity in writing te every contributor te the mest
in lien ef having the contributions converted te the personal ase ef such candidate er saeh public officer, which opportunity shall net expire for at least 30 days after extension ef such opportunity; and
(III) Distributed pte rata the contributions te aH whe objected te the conversion of tnc contFioutions to trie persons! us6 ot such condidflte OF sucn public oMi~ eefr \n) JNotwitnstfliKiing sny otrier provision of tnis suDpsr&^rflpn to tiie contrsry, no repsyment OF orteF OT repayment snsll tje recpiired it tncre ts less tfifln JpofUOO;OU m tnc C8K1psign sccount ot st stste~wide Ciindidfltc of public oiiiccr noiding elective office OF it tneFc ts less tn&n !(rt jUUU.xHj ift tnc csmp&i^n Account/ ot & cdndid&te OF

(2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contributions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elective office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through or ^F) (B) of paragraph (1) of this subsection.

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JOURNAL OF THE HOUSE,

(c) Contributions and interest thereon, if any, shall not constitute personal assets of such candidate or such public officer tmfess and until such contributions are converted te the personal se of such candidate or such public officer as provided 3bparagraph (b)(l)(F) of this Code section."
Section 1A.2. Said chapter is further amended by striking subsection (a) of Code Section 21-5-33, relating to disposition of contributions, and inserting in its place a new subsection (a) to read as follows:
"(a) (1) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidate's campaign for elective office or such public officer's fulfillment or retention of such office.
(2) Notwithstanding any other provision of this Code section to the contrary, all contributions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to paragraph (1) of this subsection and as determined by such candidate or such public officer may be used for use in future campaigns for any elective office."
Section 2. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in its place a new paragraph to describe an item required to be included in such reports and to read as follows:
"(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate; provided, however, with respect to a contribution of more than $1,000.00, the business, occupation, or place of employment of the person making the contribution shall be required in addition to that person's contribution amount, name, and mailing address;".
Section 3. Said chapter is further amended by striking "and" at the end of paragraph (3) of subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, by striking the period at the end of paragraph (4) and inserting in its place "; and", and by adding a new paragraph describing certain disclosure requirements with respect to political action committees, to be designated paragraph (5), to read as follows:
"(5) The corporate, labor union, or other affiliation of any political action committee making a contribution of $101.00 or more."
Section 3A. Said chapter is further amended by adding after O.C.G.A. 21-5-34(c) "1" and adding a new Section 21-5-34 (c) (2) to read as follows:
"(2) Candidates, public officers, or campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall during a nonelection year file contribution disclosure reports on June 30 and December 31 of such year."
Section 4. Said chapter is further amended by striking Code Section 21-5-35, relating to members of the General Assembly, and inserting in its place a new Code Section 21-5-35 to read as follows:
"21-5-35. {a) Any No member of the General Assembly or that member's campaign committee who or public officer elected state wide or campaign committee of such public officer shall accept accepts a rcportablc campaign contribution during a legislative session sii9.ll report trie CORtrioti11oH to trie proper flutnority oft tiifr iirst d&y ot tin& HIoutft tollowinjj trie montri itt whicri trie contnDutioti WQS flcceptcd.
ber of th General Assembly er that member's campaign committee during a

TUESDAY, FEBRUARY 27, 1990

1907

session stitil report the contn otition to tile proper &utjionty on tiie lirst dfly OT the1 month following the month k which the contribution was given."
Section 5. Said chapter is further amended by adding between Articles 2 and 3 a new Article 2A describing certain limits on contributions to read as follows:
"ARTICLE 2A
21-5-40. As used in this article, the term: (1) 'Affiliated committees' means any two or more political committees (including
a separate segregated fund) established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof.
(2) 'Affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other.
(3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States.
(4) 'Election' means a primary, special primary, run-off primary, general election, special election, or run-off election.
(5) 'Person' means an individual. (6) 'Political committee' means: (A) any partnership, committee, club, association, organization, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions. 21-5-41. (a) No person shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate exceed $5,000.00. (b) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto for purposes of Code Section 21-5-43. 21-5-42. No corporation shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated corporations, exceed $5,000.00. 21-5-43. No political committee shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate during the same election by any affiliated political committees, exceed $5,000.00. 21-5-44. For purposes of this article, a contribution to a candidate's campaign committee shall be deemed to be a contribution to the candidate. 21-5-45. The limitations on contributions imposed by this article shall apply separately with respect to each election."
Section 6. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates for public office, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph (1) to read as follows:
"(1) Each Except as otherwise provided in subsection (c) of this Code section with respect to candidates for public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; Each ] and each person who qualifies as a candidate for election as a public officer, as defined in

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subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year."
Section 7. Said chapter is further amended by adding at the end of said Code Section 21-5-50 a new subsection (c) to read as follows:
"(c) (1) Each person who qualifies with a political party as a candidate for party nomination to a public office (including an incumbent public officer qualifying to succeed himself) shall file with the Secretary of State, not later than May 15 in the year in which such person qualifies, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify for the preceding five calendar years:
(A) Each transaction in which the candidate (whether for himself or on behalf of any business) or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business has transacted business with the government of the United States, the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and
(B) All income of any nature received by the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business from any person who was at the time of such receipt of income represented by an agent registered with the Secretary of State pursuant to Code Section 28-7-2. (2) The financial disclosure statement required by paragraph (1) of this subsection shall be made in such form as may be prescribed by the commission and shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by:
(A) Copies of the candidate's state and federal personal income tax returns for the preceding five years, together with copies of all supporting schedules and documentation filed with such returns; provided, however, that this subparagraph shall not apply to public officers who are not elected state wide;
(B) A financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and a financial statement of the candidate's financial affairs as of the date of qualifying; and
(C) A statement showing the name and address of any member of the candidate's family who has, within the five years immediately preceding the date of the financial disclosure statement required by paragraph (1) of this subsection, been a registered agent for the purposes of Code Section 28-7-2, and such statement shall also show the person on whose behalf the member of the family was acting as a registered agent and the compensation received for such service during the year immediately preceding the date of the statement. (4) (A) As used in this subsection, the term:
(i) 'Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the United States, the State of Georgia, or any political subdivision of the State of Georgia.
(ii) 'Financial statement' means a statement of a candidate's financial affairs in such form as may be prescribed by the commission, provided that such form shall be substantially equivalent to the form of financial statement required for bank directors under the rules of the Department of Banking and Finance.
(iii) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business.
(B) As used in this subsection, the term:

TUESDAY, FEBRUARY 27, 1990

1909

(i) 'Member of the family' means the candidate's spouse, mother, father, and child, whether or not any of such members of the family are dependents of the candidate; and
(ii) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying."
Section 7A. Nothing in Section 1A of this Act shall apply to or affect contributions lawfully converted to the personal use of a candidate or public officer prior to the effective date of this Act.
Section 8. This Act shall become effective January 1, 1991.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Lee of the 72nd moved that the House disagree to the Senate substitute to HB 1385.
Representative Isakson of the 21st objected.

On the motion to disagree to the Senate substitute to HB 1385, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Balkcom Bannister Y Barfoot Y Bargeron Y Barnett,B N Barnett.M
Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch
Breedlove Y Brooks Y Brown YBuck
Buford YByrd N Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B N Clark.H Y Clark.L
Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings.B
Cummings,M N Davis.C Y Davis,G N Davis,M Y Dixon,H
Dixon,S Y Dobbs Y Dover YDunn
Y Edwards NEhrhart N Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin
Green Y Greene N Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris
Y Hasty
N Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks N Howren
Y Hudson Ylrwin
N Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Y Johnson N Jones Y Kilgore
Kingston Y Lane,D
Y Lane.R Langford
N Lawrence Y Lawson YLee N Under
YLong Lord Lucas
N Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows Milam
Y Mobley Moody
N Morton Y Moultrie N Mueller Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Parmell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell YRandall N Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith.W
YSmyre YSnow
Stancil,F N Stancil.S Y Stanley NSteele
Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson
Thurmond N Titus N Tolbert N Townsend YTwiggs Y Vaughan
N Waddle Walker.C
Y Walker,L Y Wall
Ware Y Watson
Y Watts White Wilder
N Williams.B
Y Williams,J N Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 124, nays 26. The motion prevailed, and the House disagreed to the Senate substitute to HB 1385.

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Representative Vaughan of the 20th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1878.

By Representative Smith of the 78th:
A bill to amend an Act providing for the election of the members of the Butts County Board of Education, so as to provide for per diem and expenses of members of such board.

The following Senate substitute was read:

A BILL
To amend an Act providing for the election of the members of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), so as to provide for per diem and expenses of members of such board; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the election of the members of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), is amended by adding a new section immediately following Section 7, to be designated Section 7A, to read as follows:
"Section 7A. Members of the board shall, when approved by the board, receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board; provided, however, that such per diem shall not exceed $300.00 per month. In addition, such members of the board shall, when approved by the board, be reimbursed for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county school superintendent. The compensation of members of the board shall be paid only from the local tax funds available to the board for educational purposes."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 78th moved that the House agree to the Senate substitute to HB 1878.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 632. By Senator Egan of the 40th:
A bill to amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as the "Uniform Management of Institutional Funds Act," so as to define "historic dollar value" of an endowment fund of a charitable institution for the purpose of determining the total return of the endowment fund; to change provisions relating to definitions.

TUESDAY, FEBRUARY 27, 1990

1911

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken Alford Y Alien Y Athon
Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G
Davis,M Y Dixon,H
Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Pelton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin
Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin YlsaJtson
Y Jackson,J Y Jackson,W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane,D YLane.R Y Langford
Lawrence
Y Lawson YLee Y Under YLong
Lord Lucas
Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkstai YPoag Y Porter YPoston Y Powell
YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L
Y Smith,P Smith.T
Y Smith,W YSmyre YSnow
Stancil,F Y Stancil.S Y Stanley NSteele Y Stephens
Streat YTeper
Y Thomas.C Y Thomas,M Y Thompson
Thurmond Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C
Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 145, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

SB 508. By Senators Turner of the 8th, McKenzie of the 14th and Timmons of the llth:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permitted investments of the authority; to clarify the provisions relating to the state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permitted investments of the authority; to define certain terms; to clarify the provisions relating to the

1912

JOURNAL OF THE HOUSE,

state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation; to provide that the authority may create subsidiary nonprofit corporations constituting subsidiary authorities; to establish the purposes of and procedures for creation of such subsidiary authorities; to clarify the purposes for which the authority may make loans to qualified housing sponsors or public bodies; to change the provisions related to issuance of bonds by the authority; to clarify that property acquired by a subsidiary authority shall be accorded the same treatment as that acquired by the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, is amended by striking the word "and" at the end of paragraph (10) of subsection (a) of Code Section 8-3-171, relating to legislative findings, and by striking the period at the end of paragraph (11) of subsection (a) of said Code section and inserting in lieu thereof a semicolon and the word "and", and by adding at the end of said subsection (a) a new paragraph (12) to read as follows:
"(12) That, in order to ensure a system of affordable housing and a system of affordable housing finance, it is a valid public purpose to make provision for the acquisition, completion, rehabilitation, management through contract, and disposal of residential properties offered for sale by any agency or corporation of the United States government by the authority or any subsidiary nonprofit corporation created by the authority; provided, however, that no such residential properties shall be acquired by any subsidiary nonprofit corporation of the authority after December 31, 1995."
Section 2. Said part is further amended by striking subsection (b) of Code Section 8-3-171, relating to legislative findings, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare, to provide or to assist in providing housing for such low or moderate income families and persons who would otherwise be unable to obtain adequate dwellings which they could afford} t4 , to assist in providing residential care facilities for the mentally disabled and the elderly} t and to provide financial assistance to the elderly homeowner to the extent of the homeowner's equity in their his or her residence. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of developing and stimulating commercial and industrial operations in certain areas of the state, to assist in providing dwelling accommodations for persons, regardless of income, who are determined eligible by the authority as a means of addressing the housing shortage problem described in paragraphs (6), (7), and (8) of subsection (a) of this Code section. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of decreasing residential energy use so as to make available more energy for trade, commerce, industry, and employment opportunities, to assist in the financing of residential energy-conserving systems, measures, and devices and to otherwise provide financial assistance to persons and families so that they may obtain affordable and available public utilities for their residences."
Section 3. Said part is further amended by adding a new paragraph 4.1 to Code Section 8-3-172, relating to definitions, to read as follows:
"(4.1) 'Complete,' 'completion,' or 'completing' means finishing construction of a project in which at least 10 percent of the total projected final construction costs for every individual housing unit shall have already been incurred, excluding costs of land or site development. This definition shall apply only in connection with paragraph (12)

TUESDAY, FEBRUARY 27, Z990

1913

of subsection (a) of Code Section 8-3-171, paragraphs (5), (8), and (15) of Code Section 8-3-176, and paragraph (1) of subsection (a) of Code Section 8-3-180."
Section 4. Said part is further amended by striking, paragraph (5) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) To acquire, complete or rehabilitate, hold, manage through contract, and dispose of real and personal property for its corporate purposes; . For purposes of the preceding sentence, the term 'hold' shall mean for a period of time not to exceed 18 months from the date of acquisition for single-family residential properties and a period of time not to exceed 24 months from the date of acquisition for multifamily properties unless disposal of any such property would create an economic hardship for the Georgia Residential Finance Authority;"
Section 5. Said part is further amended by striking paragraph (14) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (14) to read as follows:
"(14) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives;
(D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and teas Insurance Corporation Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation er the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or

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(iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, investment agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer or corporate parent of a wholly owned subsidiary that constitutes a government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with regulation by the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) Any and all other obligations of investment grade quality having a credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and having a nationally recognized market including, but not limited to, collateralized mortgage obligations? ; owner trusts offering collateralized mortgage obligations? j guaranteed investment contracts offered by any firm, agency, business, governmental unit, bank, insurance company, corporation chartered by the United States Congress, or other entity? ; real estate mortgage investment conduits? ; mortgage obligations?; mortgage pools?; and pass-through securities;"
Section 6. Said part is further amended by striking paragraph (15) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (15) to read as follows:
"(15) To acquire or contract to acquire from any person, firm, corporation, municipality, or federal or state agency, by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to complete or rehabilitate, hold, manage through contract, sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same. Nothing in this part shall be deemed to impede the operation and effect of local zoning, building, and housing ordinances? or ; ordinances relating to subdivision control, land development, or fire prevention? ] or other ordinances having to do with housing or the development thereof; . For purposes of the preceding sentence, the term 'hold' shall mean for a period of time not to exceed 18 months from the date of acquisition for single-family residential properties and a period of time not to exceed 24 months from the date of acquisition for multifamily properties unless disposal of any such property would create an economic hardship for the Georgia Residential Finance Authority,"
Section 7. Said part is further amended by striking subsection (d) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, and by inserting in lieu thereof a new subsection (d) to read as follows:
"(d) With respect to the original isstie sale of a new qualified mortgage bond bonds, at the time of original issuance of such bonds, at least one-third of the total proceeds initially available for mortgage loans shall be set aside to finance single-family housing units in the metropolitan statistical areas of this state and one-third of the total proceeds initially available for mortgage loans shall be set aside to finance single-family housing units outside of the metropolitan statistical areas of this state. The time period for the initial geographic set-asides shall be as provided in the bond documents but in no event shall such time period for the set-asides be less than four months from the date of issuance of the bonds. For the purpose of this geographic distribution requirement, no county with a population of less than 50,000 shall be considered as being within a metropolitan statistical area of this state. No geographic distribution requirement shall apply to multifamily housing units financed by the authority. No geographic distribution requirement shall apply to refunding bonds or recycled proceeds."

TUESDAY, FEBRUARY 27, 1990

1915

Section 8. Said part is further amended by adding two new subsections to be designated as subsections (g) and (h) at the end of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, to read as follows:
"(g) The authority shall have the power to borrow money and to issue bonds regardless of whether the interest payable by the authority incident to such loans or revenue bonds or income derived by the holders of the evidence of such indebtedness or revenue bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is not otherwise not exempt from the imposition of such taxation on the recipient.
(h) (1) The authority may incorporate one or more nonprofit corporations constituting subsidiary authorities and instrumentalities of the authority under this part for the purposes of carrying out any of the powers of the authority including but not limited to acquiring, completing, holding, maintaining, managing through contract, constructing, rehabilitating, leasing, selling, or otherwise disposing of property acquired to promote affordable housing and a system of affordable housing finance with the sole exception of the issuance of bonds. For purposes of the preceding sentence, the term 'hold' shall mean for a period of time not to exceed 18 months from the date of acqui-
sition for single-family residential properties and a period of time not to exceed 24 months from the date of acquisition for multifamily properties unless disposal of any such property would create an economic hardship for the Georgia Residential Finance
Authority. Any such subsidiary authority shall be a nonprofit corporation and shall be deemed to be a public body, a political subdivision of the state, and an instrumental-
ity of the state and shall exercise essential governmental functions. Membership on the board of directors of the authority and on the board of directors of any such sub-
sidiary authority shall not constitute a conflict of interest. (2) (A) Any such subsidiary authority shall be formed by filing articles of incor-
poration with the Secretary of State. The chairperson and executive director of the authority shall act as the incorporators of any such subsidiary authority.
(B) The articles of incorporation for any such subsidiary authority shall provide, in part, that the sole members and the directors of the subsidiary authority shall
be selected and appointed by the authority from the members of the authority. The articles of incorporation may not be filed unless they are approved by a majority
of the members of the authority. The articles of incorporation for any such subsidiary authority shall provide that, upon dissolution of any such subsidiary authority, any assets shall revert to the authority or to any successor to the authority, or fail-
ing such succession, to the State of Georgia. (C) Amendments to the articles of incorporation of a subsidiary authority may
only be filed if approved by the authority. No amendment shall impair the obligation of any contract. Each amendment shall be adopted and executed in the same manner as the original articles of incorporation. At any time, members of the
authority may direct any such subsidiary authority to adopt a resolution to dissolve the subsidiary authority and to cease promptly the conduct of affairs except as may
be necessary for the winding up of such affairs. (3) Any such subsidiary authority shall adopt, and may from time to time amend,
bylaws providing for the regulation of the affairs of the subsidiary authority. Except for the issuance of bonds, any subsidiary authority may exercise any and all powers
conferred upon the authority. It may adopt an official seal and alter it at its discretion, maintain offices at places as it designates, sue and be sued in its own name, pro-
cure insurance, and generally do all things necessary or convenient to the carrying out of the purposes of its incorporation.
(4) Any such subsidiary authority shall be subject to Article 4 of Chapter 18 of
Title 50, relating to inspection of public records, and Chapter 14 of Title 50, relating to open and public meetings.
(5) The authority shall not be liable for the debts or obligations or for any actions or inactions of a subsidiary authority unless the authority expressly agrees otherwise.
(6) The authority may make loans or grants and provide technical assistance to any subsidiary authority formed pursuant to this Code section to enable the subsidiary authority to carry out any of its purposes.

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(7) The income of any subsidiary authority shall be applied to its public purposes and essential governmental functions or shall be paid to the authority to be applied to its public purposes and essential governmental functions on behalf of the state."
Section 9. Said part is further amended by striking subsections (a) and (b) of Code Section 8-3-177, relating to the loans by the authority, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The authority may make loans to qualified housing sponsors or public bodies or agencies for the financing, acquisition, construction, or rehabilitation of such residential housing in the State of Georgia as in the judgment of the authority has promise of supplying, on a rental, cooperative, or home ownership basis, adequately designed housing for eligible persons and families. Such loans may be for development costs and construction financing and, in the case of qualified housing sponsors and public bodies or agencies, may also be for permanent financing^ subject to regulation with respect to rents, profits, distributions, and disposition of property in accordance with the rules of the authority. No such loans shall be made unless the authority finds that the construction or rehabilitation will be undertaken in an economical manner and that it will not be of elaborate design or materials. The ratio of loan amount to development cost and the amortization period of loans made by the authority under this subsection shall be determined in accordance with rules promulgated and published by the authority.
(b) (1) The authority may make loans to qualified housing sponsors for the financing, acquisition, construction, or rehabilitation of housing units for sale or rent to individual purchasers who are eligible persons and families as provided by the authority in its rules and to any such individual purchaser for the long-term financing of a housing unit. The ratio of loan amount to development cost and the amortization period of loans made by the authority under this subsection shall be determined in accordance with rules promulgated and published by the authority.
(2) While such loan is outstanding, any sale of any housing unit financed by such loan by the qualified housing sponsor shall be subject to approval by the authority; and the authority shall provide in its rules concerning such sales and resales that the price of the housing unit sold, the method of making payments thereafter, the security afforded, and the interest rate, fees, and charges to be paid shall at all times be sufficient to permit the authority to make the payments on its bonds and notes plus any administrative or other costs of the authority in connection with the transactions. Housing units shall be sold under terms that provide for monthly payments including principal, interest, taxes, and insurance.
(3) While such loan is outstanding, the authority shall, prior to the approval of the sale of any such housing unit by the qualified housing sponsor, satisfy itself that such sale is to or for the benefit of eligible persons and families.
(4) Upon the sale by the qualified housing sponsor of any housing unit to an individual purchaser under this subsection to whom a loan is being made by the authority, such housing unit shall be released from the mortgage running from the qualified housing sponsor to the authority; and such mortgage may be replaced as to the housing unit by a mortgage running from the individual purchaser to the authority."
Section 10. Said part is further amended by striking paragraph (1) of subsection (a) of Code Section 8-3-180, relating to issuance of bonds by the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) The authority shall have the power and is authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including, but not limited to, the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, construction, or rehabilitation of residential housing for eligible persons and families and for the acquisition, construction, or rehabilitation of community facilities appurtenant thereto; for the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, preservation, construction, or

TUESDAY, FEBRUARY 27, 1990

1917

rehabilitation of residential care facilities for the mentally disabled and residential care facilities for the elderly; and for the acquisition of construction loan certificates and project loan certificates to finance the making of mortgage loans in connection with acquisition, construction, or rehabilitation of residential rental housing; to finance the making of mortgage loans in connection with the refinancings of residential rental housing; to finance the making, purchasing, participation in making, and purchasing of participations of home equity conversion mortgages for the elderly; to acquire, complete, rehabilitate, and provide for the operation of residential housing, including providing for management through contract, for eligible persons and families and community facilities appurtenant thereto; the payment of interest on bonds of the authority; the establishment of reserves to secure such bonds; and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers."
Section 11. Said part is further amended by striking Code Section 8-3-186, relating to exemptions from taxation for property of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new Code Section 8-3-186 to read as follows:
"8-3-186. As the authority or any subsidiary authority created by the authority will be performing essential government functions in the exercise of the powers conferred upon it by this part, this state covenants with the authority and the holders of the authority's bonds and notes that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or by a subsidiary authority created by the authority or under its the jurisdiction, control, possession, or supervision of the authority or any subsidiary authority created by the authority, or upon tts the activities of the authority or any subsidiary authority created by the authority in the operation or maintenance of any facilities maintained or acquired by it the authority or any subsidiary authority created by the authority, or upon any fees, rentals, or other charges for the use of such facilities, or upon any other income received by the authority or any subsidiary authority created by the authority, and that the bonds and notes of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within th this state. The exemption from taxation provided in this Code section shall not extend to tenants or lessees of the authority or to tenants or lessees of any subsidiary authority created by the authority and shall not include exemptions from sate sales and use taxes on property purchased by the authority or any subsidiary authority created by the authority or for use by the authority or any subsidiary authority created by the authority."
Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B

Y Barnett,M
Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Buford YByid

Y Campbell
Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
N Clark,B Y Clark,H
Y Clark,L Y Coleman
Colwell Connell E Couch Y Crawford

Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis,G Y Davis.M Y Diion,H Y Dixon.S
Dobbs Y Dover YDunn Y Edwards YEhrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard

1918

JOURNAL OF THE HOUSE,

Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Kingston
Y Lane,D YLane.R Y Langford Y Lawrence

Y Lawson
Y Lee Y Linder
Long Lord Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller

Y Oliver.C
Y Oliver.M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston Y Powell
Y Randall Ransom
Y Ray Y Reaves Y Redding Y Richardson

Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,?
Y Smith,T Y Smith.W Y Smyre Y Snow Y StanciLF Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas,M

Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White
Y Wilder Y Williams,B Y WiUiams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Ransom of the 90th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

Representative Groover of the 99th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 563. By Senator Pollard of the 24th:
A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire.

The following amendment was read and adopted:

Representative Isakson of the 21st moves to amend SB 563 by adding on line 4 of page 1 after the word and symbol "expire;" and before the word "to" the following:
"to amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to the inventory and classification powers of the director with respect to dams, so as to provide for certain notices concerning proposed permits to change the classification of a dam; to provide for inspections and determinations of compliance;".
By adding between lines 21 and 22 of page 2 the following:
"Section 2. Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to the inventory and classification powers of the director with respect to dams, is amended by adding a new subsection (g) to read as follows:
'(g) Before a permit to construct a structure of facility is issued by the governing authority of a local unit of government which would result in changing a Category II

TUESDAY, FEBRUARY 27, 1990

1919

dam to a Category I dam, the local unit of government shall notify the owner of said dam by certified mail of the proposed permit. The owner of the dam may within ten days of the notice request the director to inspect said dam and determine whether or not said dam is in compliance. If the director determines the dam is not in compliance with Category I, both the owner and the local unit of government shall be notified in writing.'"
By redesignating "Section 2" on line 22 of page 2 as "Section 3."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Buford
YByrd Y Campbell Y Carrell
Y Carter Chambless Chance
Y Cheeks

Y Childere Clark.B
Y Clark,H
Y Clark.L Y Coleman Y Colwell
Connell
E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Davis,G Y Davis.M Y Dixon.H
Y Diion,S Y Dobbs Y Dover
Dunn Y Edwards
Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones '
Y Kilgore Kingston
YLane,D
YLane,R Y Langford Y Lawrence YLawson YLee Y Linder
YLong Lord Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton
Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M
YOrr Y Orrock Y Padgett Y Pannell
YParham YParrwh Y Patten Y Pettit
Pinkston YPoag
Y Porter
Y Postal Y Powell YRandall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith,W
YSmyre YSnow
Stancil,F Y Stancil,S Y Stanley YSteele
Y Stephens Y Streat YTeper Y Thomas.C
Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall Y Ware
Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 683. By Representatives Poston of the 2nd, Edwards of the 112th, McCoy of the 1st, Snow of the 1st, Teper of the 46th and others:
A resolution to create the Joint Committee on Environmental Protection Services.

The following Committee substitute was read and withdrawn:

A RESOLUTION
To create the Environmental Protection Services Study Committee; and for other purposes.

1920

JOURNAL OF THE HOUSE,

WHEREAS, the degradation of the environment is and should be a vital concern of all citizens; and
WHEREAS, surveys of public opinion show that citizens are becoming increasingly aware of and concerned about the degradation of the environment; and
WHEREAS, despite the existence of major environmental protection laws at both the state and federal levels for almost 20 years, air and water pollution, solid and hazardous waste disposal, acid rain, and the steadily increasing production and use of toxic chemicals continue as major concerns of Georgians in all parts of the state; and
WHEREAS, it is time to consider and reevaluate seriously both the effectiveness of Georgia's environmental protection laws and the effectiveness of the administration of those laws by state agencies; and
WHEREAS, an area of particular importance for study is to determine if a conflict of interest exists in the administration of the environmental protection laws by state agencies that also have a responsibility to promote economic development.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Environmental Protection Services Study Committee is created. The committee shall consist of not more than seven members of the House of Representatives appointed by the chairman of the Committee on Natural Resources and Environment. The chairman of the Committee on Natural Resources and Environment shall designate one of the appointees as chairman of the committee. The chairman shall call and preside at all meetings of the committee, but in the absence of the chairman at a meeting of the committee, another member designated by the chairman may preside.
BE IT FURTHER RESOLVED that the committee shall make a study of the effectiveness of Georgia's environmental protection laws and the effectiveness of the administration of those laws by state agencies. In connection therewith, the committee shall give particular attention to the question of the need for the reorganization of state government for environmental protection purposes to avoid a conflict of interest between the need for the protection of the environment and the need to encourage and promote economic development.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized by the Speaker of the House of Representatives. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1990, on which date the committee shall stand abolished.

The following substitute, offered by Representative Patten of the 149th, was read:

A RESOLUTION
To create the Environmental Protection Services Study Committee; and for other purposes.
WHEREAS, the degradation of the environment is and should be a vital concern of all citizens; and

TUESDAY, FEBRUARY 27, 1990

1921

WHEREAS, surveys of public opinion show that citizens are becoming increasingly aware of and concerned about the degradation of the environment; and
WHEREAS, despite the existence of major environmental protection laws at both the state and federal levels for almost 20 years, air and water pollution, solid and hazardous waste disposal, acid rain, and the steadily increasing production and use of toxic chemicals continue as major concerns of Georgians in all parts of the state; and
WHEREAS, it is time to consider and reevaluate seriously both the effectiveness of Georgia's environmental protection laws and the effectiveness of the administration of those laws by state agencies; and
WHEREAS, an area of particular importance for study is to determine if a conflict of interest exists in the administration of the environmental protection laws by state agencies that also have a responsibility to promote economic development.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Environmental Protection Services Study Committee is created. The committee shall consist of not more than five members of the House of Representatives appointed by the Speaker of the House of Representatives. The Speaker of the House of Representatives shall designate one of the appointees as chairman of the committee. The chairman shall call and preside at all meetings of the committee, but in the absence of the chairman at a meeting of the committee, another member designated by the chairman may preside.
BE IT FURTHER RESOLVED that the committee shall make a study of the effectiveness of Georgia's environmental protection laws and the effectiveness of the administration of those laws by state agencies. In connection therewith, the committee shall give particular attention to the question of the need for the reorganization of state government for environmental protection purposes to avoid a conflict of interest between the need for the protection of the environment and the need to encourage and promote economic development.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized by the Speaker of the House of Representatives. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1990, on which date the committee shall stand abolished.

The following amendment was read and lost:

Representative Stancil of the 8th moves to amend the Floor substitute to HR 683 as follows:
Amend by adding the following between lines 11 and 12 on page 2:
"The members of such committee shall be comprised of members of two major political parties represented in the House of Representatives by the same ratio as each party is represented in the House of Representatives."

The Floor substitute was adopted.

1922

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Y Bates YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers
Y Clark.B Y Clark.H
Clark,L
Y Coleman Y Colwell
Cornell
E Couch Y Crawford
Crosby Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis,M Y Dixon,H Y Dixon,S
YDobbs Y Dover YDunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
God bee YGoodwin Y Green Y Greene
Y Gresham Griffin
Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks YHowren Y Hudson Ylrwin
Isakson Y Jackson.J Y Jackson.W Y Jamieson
Jenkins Johnson
Y Jones Y Kilgore
Kingston YLane.D
Y Lane,R Langford
Y Lawrence Y Lawson
YLee Y Under
Long Lord
Lucas Y Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Oliver ,M
YOrr YOrrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter YPoston
Y Powell Randall
Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Y Sinkfield

Y Smith.L Y Smith,P Y Smith.T
Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S
Stanley YSteele Y Stephens
Y Streat YTeper
Y Thomas.C Y Thomas,M
Thompson
Y Thunnond Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan
Waddle
Y Walker.C Y Walker,L Y WaU
YWare Y Watson Y Watts
White
WUder Y WiUiams.B Y Williams,J
N Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 146, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SR 297. By Senators Gillis of the 20th, Kidd of the 25th, Broun of the 46th and others:
A resolution providing for the placing of a marker on Colonel's Island in Glynn County in honor of former Governor S. Ernest Vandiver.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien
Y Athon Y Atkins Y Bailey

Y Baker
Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Beck

Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown

YBuck
Y Buford YByrd Y Campbell
YCarrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark,H
Clark,L Y Coleman Y Colwell
Connell
E Couch Y Crawford

TUESDAY, FEBRUARY 27, 1990

1923

Y Crosby Y CummingstB
Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y FIoyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Hooks
Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Kingston YLane.D Y Lane,R
Langford Y Lawrence
Y Lawson YLee Y Linder

Long
Lord Lucas
Y Lupton Mangum Martin
YMcCoy McDonald
Y McKelvey McKinney.B
McKinney.C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
01iver,M YOrr Y Orrock
Y Padgett Y Pannell
YParham Y Parrish Y Patten

Y Pettit
Y Pinkston YPoag Y Porter YPoston
Y Powell Randall
Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stencil.F Y Stancil,S
Y Stanley

YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs
YVaughan Y Waddle Y Walker.C Y Walker,L Y Wall YWare
Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
YYates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 605. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources; to provide a definition; to authorize the director to require the submission of certain information.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove
Brooks Y Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell E Couch
Y Crawford Crosby
Y Cummings.B Y Cummings,M

Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
YDunn Edwards
Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y FIoyd,J.W Y Foster
Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane.D YLane,R Y Langford Y Lawrence

Y Lawson
YLee Y Linder YLong
Lord Lucas
Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr

1924
Y Orrock Y Padgett Y Pannell Y Parham Y Fairish Y Patten Y Pettit Y Pinkston Y Poag
Porter Y Poston Y Powell

JOURNAL OF THE HOUSE,

Y Randall
Y Ransom Y Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith.L
Y Smith,P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat

Y Teper
Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C

Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, is amended by inserting immediately following Code Section 12-5-29 a new Code Section 12-5-29.1 to read as follows:
"12-5-29.1. (a) As used in this Code section, the term: (1) 'Combined sewer overflow' or 'CSO' means a sewage system so designed or con-
structed as to allow surface-water runoff to enter the conduit carrying sewage, industrial waste, or other waste and, when such conduit exceeds its maximum capacity, allows a discharge which by-passes the normal treatment works integral to such sewage system and allows untreated or incompletely treated sewage, industrial waste, or other waste to flow, directly or indirectly, into the waters of this state.
(2) 'Sewage overflow' means that untreated sewage, industrial waste, or other waste which is discharged when a CSO exceeds its maximum capacity so that such material by-passes the normal treatment works integral to such sewage system and flows untreated or incompletely treated into the waters of this state. (b) Any person who owns or operates a CSO in this state on July 1, 1990, shall devise and submit to the director for approval a detailed plan to eliminate sewage overflow or to treat sewage overflow so that all water flowing from such CSO into the waters of this state shall meet standards of water purity and permit limits for publicly owned

TUESDAY, FEBRUARY 27, 1990

1925

waste-water treatment facilities with combined sewer overflows established by the division or by the federal Environmental Protection Agency under the provisions of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. Section 1251 and following, as amended by the Clean Water Act of 1977 (P.L. 95-217).
(c) The plan required by subsection (b) of this Code section shall include, as a minimum, provision for realistic implementation of means to eliminate sewage overflow or effectuate treatment of overflow to meet or exceed such water purity standards by not later than December 31, 1993;
(d) The plan required by subsection (b) of this Code section shall be submitted to the director not later than December 31, 1990. Any person who fails to obtain approval and substantially implement an approved plan by December 31, 1993, shall, after that date and until such person implements an approved plan, be subject to the liability and penalties provided in Code Sections 12-5-51, 12-5-52, and 12-5-53 and, in addition, shall be prohibited from adding any additional sewer inlets to such sewer system."

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y CIark,B Y Clark.H
Clark,L Y Coleman Y Colwell
Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings,M Y Davis,C Y Davis.G Y Davis,M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M Y FIoyd,J.W Y Foster
Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D YLane,R
Y Langford Y Lawrence
Y Lawson YLee Y Under YLong
Lord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston
Poag Y Porter YPoston Y Powell YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley
YSteele Y Stephens Y Streat YTeper
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1926

JOURNAL OF THE HOUSE,

SB 567. By Senators Coleman of the 1st, Huggins of the 53rd and Olmstead of the 26th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped persons; to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for certain persons authorized by nonprofit agencies to operate vehicles, so as to change a reference to a certain Code section.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bainett,B Y Barnett,M Y Bates
Beck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck
Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark.H Clark,L
Y Coleman Y Colwell
Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings,M
Davis.C N Davis,G Y Davis.M Y Dixon,H
Y Dixon.S Y Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Y Pelton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston Y Lane,D YLane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
Lord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall Y Ransom YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpaon
Y Sinkfield

Y Smith,L Y Smith,P
Smith.T
Y Smith.W YSmyre
YSnow Y Stancil,F Y StanciLS Y Stanley Y Steele Y Stephens
Y Streat YTeper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watta
White Wilder Y Williams,B Y WiUiams,J YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SB 580. By Senator Garner of the 30th:
A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to change the definition of a certain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia under certain conditions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 27, 1990

1927

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron V Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B
Y Clark,H Y Clark.L Y Coleman
Y Colwell Connell
E Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M
Y Davis,C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Kingston
YLane.D Y Lane,R
Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong
Lord Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom
YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith.P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele Y Stephens Y Streat
YTeper Y Thomas,C
Thomas,M Y Thompson Y Thunnond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
YWall Y Ware Y Watson Y Watts
White Wilder Y William8,B Y WiUiams,J Y Yates YYeargin Murphy,Spkr

On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SR 116. By Senators Parker of the 15th, Scott of the 2nd and Deal of the 49th:
A resolution proposing an amendment to Article II, Section II, of the Constitution, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection.

Representative Murphy of the 18th moved that further consideration of SR 116 be postponed until tomorrow, February 28, 1990.
The motion prevailed.

SB 503. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs.

The following Committee substitute was read and adopted:

1928

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances, so as to provide licensing sanctions for certain licensed individuals who are convicted of certain offenses involving controlled substances or marijuana; to provide for notification procedures; to provide for sanctions; to provide for reinstatement under certain conditions; to provide for administrative procedures; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances, is amended by adding at its end a new Article 5 to read as follows:
"ARTICLE 5
16-13-110. (a) As used in this article, the term: (1) 'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of the term 'controlled substance' in paragraph (4) of Code Section 16-13-21.
(2) 'Convicted' or 'conviction' refers to a final conviction in a court of competent jurisdiction, or the acceptance of a plea of guilty or nolo contendere or affording of first offender treatment by a court of competent jurisdiction.
(3) 'Licensed individual' means any individual to whom any department, agency, board, bureau, or other entity of state government has issued any license, permit, registration, certification, or other authorization to conduct a licensed occupation.
(4) 'Licensed occupation' means any occupation, profession, business, trade, or other commercial activity which requires for its lawful conduct the issuance to an individual of any license, permit, registration, certification, or other authorization by any department, agency, board, bureau, or other entity of state government.
(5) 'Licensing authority' means any department, agency, board, bureau, or other entity of state government which issues to individuals any license, permit, registration, certification, or other authorization to conduct a licensed occupation.
(6) 'Marijuana' means any substance included in the definition of the term 'marijuana' in paragraph (16) of Code Section 16-13-21. (b) Without limiting the generality of the provisions of subsection (a) of this Code section, the practice of law shall constitute a licensed occupation for purposes of this article and the Supreme Court of Georgia shall be the licensing authority for the practice of law. 16-13-111. (a) Any licensed individual who is convicted under the laws of this state, the United States, or any other state of any criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana shall notify the appropriate licensing authority of the conviction within ten days following the conviction. (b) Upon being notified of a conviction of a licensed individual, the appropriate licensing authority shall suspend or revoke the license, permit, registration, certification, or other authorization to conduct a licensed occupation of such individual as follows:
(1) Upon the first conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation suspended for a period of not less than three months; provided, however, that in the case of a first conviction for a misdemeanor the licensing authority shall be authorized to impose a lesser sanction or no sanction upon the licensed individual; and
(2) Upon the second or subsequent conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation revoked. (c) The failure of a licensed individual to notify the appropriate licensing authority of a conviction as required in subsection (a) of this Code section shall be considered

TUESDAY, FEBRUARY 27, 1990

1929

grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation.
(d) A licensed individual sanctioned under subsection (b) or (c) of this Code section may be entitled to reinstatement of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation upon successful completion of a drug abuse treatment and education program approved by the licensing authority.
(e) The suspension and revocation sanctions prescribed in this Code section are intended as minimum sanctions, and nothing in this Code section shall be construed to prohibit any licensing authority from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana.
16-13-112. Administrative procedures for the implementation of this article for each licensed occupation shall be governed by the appropriate provisions applicable to each licensing authority.
16-13-113. The provisions of this article shall be supplemental to and shall not operate to prohibit any licensing authority from acting pursuant to those provisions of law which may now or hereafter authorize other sanctions and actions for that particular licensing authority.
16-13-114. This article shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any licensing authority from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y BarnettJB Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell
Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis,C
Davis,G Y Davis,M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green

Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Kingston
YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Under

YLong
YLord Lucas
Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell

Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley
Steele Y Stephens
Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs

1930

JOURNAL OF THE HOUSE,

YVaughan Y Waddle
Walker.C

Y Walker,L Y Wall Y Ware

Y Watson Y Watts
White

Y Wilder Y Williams,B Y WiUiams,J

Y Yates Y Yeargin
Murphy,Spki

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1254.

By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.

The following Senate substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the "Nonpublic Postsecondary Educational Institutions Act of 1990"; to provide for definitions; to provide for the regulation of proprietary schools and postsecondary educational institutions; to provide for exemptions; to establish the Nonpublic Postsecondary Education Commission; to provide for the selection, terms, qualifications, compensation, and expenses of members of the commission; to provide for the commission's organization, meetings, and vacancies; to establish the commission as a separate division of the Georgia Student Finance Commission; to assign the commission to the Georgia Student Finance Commission for administrative purposes only; to provide that the commission shall be a budget unit of the executive branch of state government; to provide for the commission's duties and powers; to provide that the executive director of the Georgia Student Finance Commission shall be the executive director of the commission; to provide for the powers, duties, and responsibilities of the executive director; to provide for minimum and alternative standards for nonpublic postsecondary educational institutions; to prohibit certain conduct relating to nonpublic postsecondary educational institutions and postsecondary activities; to provide that certain contracts will be unenforceable; to provide for applications and forms; to provide for authorization for branch facilities; to provide for grants and denials of authorization to operate and the contents, terms, and conditions thereof; to provide for renewals of authorizations to operate; to require approval prior to making certain course offerings; to provide for the regulation of agents; to provide for agents' permits, applications, and terms and renewal of permits; to provide for bonding requirements; to provide for fees; to provide for payment of costs of evaluation committees; to provide for denial of applications for authorization to operate and for agents' permits; to provide for denial of renewals and revocation of authorization to operate and agents' permits; to provide for conditional permits and authorizations; to provide for administrative and judicial review of decisions of the commission and the executive director; to provide for complaints against nonpublic postsecondary educational institutions and their agents and for cease and desist orders, restitution, and other disciplinary actions; to provide for preservation of records when certain operations may be discontinued; to provide for enforcement and injunctive actions; to

TUESDAY, FEBRUARY 27, 1990

1931

provide situations in which nonpublic postsecondary educational institutions become subject to jurisdiction of the courts of this state and provide for service of summons; to provide for funds and appropriations; to provide for civil penalties and fines; to prohibit certain conduct and provide criminal penalties therefor; to continue in effect certain certificates of authorization and provide for transition; to provide for transfer of records, files, accounts, and related items to the newly created commission; to provide for the status of the executive director and other employees of the commission relative to the state merit system; to provide for retirement system membership; to provide for statutory construction; to repeal specifically Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Postsecondary Educational Authorization Act of 1978," and Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Proprietary School Act"; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (3) of subsection (c) of Code Section 15-18-22, relating to use by district attorneys of law students, and inserting in its place a new paragraph to read as follows:
"(3) 'Law school' means a law school within this state which is approved by the American Bar Association or which is authorized to operate by the State Bearf ef Education under Code Section 20-3-106 20-3-250.8 or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on July 1, 1970."
Section 2. Said title is further amended by striking paragraph (3) of Code Section 15-20-3, relating to definitions regarding law school legal aid clinics, and inserting in its place a new paragraph to read as follows:
"(3) 'Law school' means a law school in this state which is approved by the American Bar Association or which is authorized to operate by the State Board ef Education under Code Section 20-3-106 20-3-250.8, or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on March 28, 1967."
Section 3. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding between Parts 1 and 2 of Article 7, relating to scholarships, loans, and grants, a new Part 1A to read as follows:
"Part 1A
20-3-250.1. This part shall be known and may be cited as the 'Nonpublic Postsecondary Educational Institutions Act of 1990.'
20-3-250.2. As used in this part, the term: (1) 'Agent' means any person owning any interest in, employed by, or representing
for remuneration a nonpublic postsecondary educational institution within or outside this state who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education offered by such institution, or who offers to award educational credentials, for remuneration, on behalf of any such institution, or who holds himself out to residents of this state as representing a nonpublic postsecondary educational institution for any such purpose.
(2) 'Agent's permit' means a nontransferable written authorization issued to a natural person by the executive director which allows that person to solicit or enroll any resident of this state for education in a nonpublic postsecondary educational institution.
(3) 'Authorization to operate,' or like term, means authorization by the commission to operate or to contract to operate a nonpublic postsecondary educational institution in this state or to conduct nonpublic postsecondary activities.
(4) 'Certificate' means a diploma or similar document indicating satisfactory completion of training in a course offered by a proprietary school.

1932

JOURNAL OF THE HOUSE,

(5) 'Commission' means the Nonpublic Postsecondary Education Commission provided for in Code Section 20-3-250.4.
(6) 'Course' means any plan or program of instruction, whether conducted in person, by mail, or by any other method.
(7) 'Date of notice' means the date the notice is mailed by the executive director. (8) 'Education' or 'educational services,' or like term, means, but is not limited to, any class, course, or program of training, instruction, or study. (9) 'Educational credentials' means certificates, degrees, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers, or words which signify, purport, or are generally taken to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for education at a nonpublic postsecondary educational institution. (10) 'Executive director' means the executive director of the Georgia Student Finance Commission. (11) 'Entity' means, but is not limited to, any company, firm, society, association, partnership, corporation, or trust. (12) 'Nonpublic' means a private postsecondary educational institution not established, operated, or governed by the State of Georgia, or any public or private postsecondary institution legally operating in another state or nation that conducts postsecondary activities in Georgia or offers postsecondary instruction leading to a postsecondary degree or certificate granted to Georgia residents from a location outside Georgia by correspondence or any telecommunications or electronic media technology. (13) 'Notice to the postsecondary educational institutions' means written correspondence sent to the address of record for legal service contained in the application for a certificate of authorization as provided for in this part. (14) 'Owner' of a postsecondary educational institution means:
(A) In the case of a postsecondary educational institution owned by an individual, that individual;
(B) In the case of a postsecondary educational institution owned by a partnership, all full, silent, and limited partners; and
(C) In the case of a postsecondary educational institution owned by a corporation, the corporation and each shareholder owning shares of issued and outstanding stock aggregating at least 10 percent of the total of the issued and outstanding shares. (15) 'Person' means any individual, firm, partnership, association, corporation, or other private entity. (16) 'Postsecondary degree' means a credential conferring on the recipient thereof the title of 'Associate,' 'Bachelor,' 'Master,' or 'Doctor,' or an equivalent title, signifying educational attainment based on:
(A) Study;
(B) A substitute for study in the form of equivalent experience or achievement testing; or
(C) A combination of the foregoing, provided that, 'postsecondary degree' shall not include any honorary degree or other so-called 'unearned' degree.
(17) 'Postsecondary activity' means awarding a postsecondary degree or certificate or conducting or offering study, experience, or testing for an individual, or certifying prior successful completion by an individual of study, experience, or testing under the representation that the individual successfully completing the study, experience, or testing will be awarded therefor, at least in part, a postsecondary degree or certificate.
(18) 'Postsecondary educational institution' means a postsecondary degree-granting nonpublic college or university or a proprietary school, offering instruction or educational services primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance or any sole proprietorship, group, partnership, venture, society, company, corporation, school, or consortium of colleges and universities that engages in, purports to engage in, or intends to engage in any type of postsecondary activity.

TUESDAY, FEBRUARY 27, 1990

1933

(19) 'Proprietary school' or 'school' means any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within this state or solicits business within this state and which is not specifically exempted by Code Section 20-3-250.3, and:
(A) Which offers or maintains a course or courses of instruction or study; and (B) At which place of business such a course or courses of instruction or study are available through classroom instruction or correspondence, or both, to a person or persons for the purpose of training such person for work in a business, trade, or technical or industrial occupation. (20) 'School employee' means any person, other than any 'owner' as defined in paragraph (14) of this Code section, who directly or indirectly receives compensation from a postsecondary educational institution for services rendered. (21) 'Student' means any person who contracts to pay for and be the recipient of any course defined in paragraph (6) of this Code section. (22) 'Support' or 'supported' means the primary source or having as the primary source from which a school derives revenue to perform its operation. (23) 'Telecommunications or electronic media technology' means a delivery mode which utilizes but is not limited to television, video cassette or disc, film, radio, computer, or other supportive devices which build upon the audio-video format. (24) 'To grant' means awarding, selling, conferring, bestowing, or giving. (25) 'To offer' means, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described. (26) 'To operate' an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted and includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary activities within this state or from a location outside of this state by correspondence or by any telecommunications or electronic media technology. 20-3-250.3. (a) The following education and postsecondary educational institutions are exempted from this part: (1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade; (2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission, solely for that organization's membership or offered on a no-fee basis, not granting degrees; (3) Education solely avocational or recreational in nature, as determined by the commission, and institutions, not granting degrees, offering such education exclusively; (4) Postsecondary educational institutions established, operated, and governed by this state, its agencies, or its political subdivisions, as determined by the commission;
(5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration;
(6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, ministerial training, or training for other church related work;
(7) Nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools;
(8) Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their dependents, or Department of Defense employees and other civilian employees of that installation;
(9) A school where the total instructional program is review or preparation for a specific examination and where the student's occupational training already makes the student eligible to sit for the examination;

1934

JOURNAL OF THE HOUSE,

(10) Any nonpublic or nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic or nonprofit college or university prior to July 1, 1989, and has been recognized by a national or regional accrediting agency recognized by the United States Department of Education; and
(11) A school regulated pursuant to the provisions of Title 43 shall be exempt only from the provisions of paragraph (2) of subsection (b) of Code Section 20-3-250.5, Code Section 20-3-250.6, and Code Section 20-3-250.11; and
(12) Any liberal arts college or university whose principal office and campus are located in this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is either a candidate for accreditation or accredited by a regional or national accrediting agency recognized by the United States Department of Education,
(b) Except as otherwise provided in subsection (a) of this Code section, any nonpublic postsecondary educational institution whose students participate in either state or
federally funded student financial aid programs is specifically covered by this part. 20-3-250.4. (a) There is established the Nonpublic Postsecondary Education Com-
mission consisting of 12 members who shall be appointed by the Governor and confirmed by the Senate. One member shall be appointed from each congressional district
and the remaining members shall be appointed as at-large members. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve
initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which
the person is appointed and until a successor is appointed, confirmed, and qualified. Members may be appointed to succeed themselves but shall not serve for more than two
full consecutive terms. (b) Two members of the commission shall be appointed to represent nonpublic
postsecondary educational institutions and two members shall be appointed to represent nonpublic proprietary schools. The remaining members shall not be employed by or otherwise represent or have an interest in any nonpublic postsecondary educational institu-
tion or nonpublic proprietary school. (c) The commission shall elect from its members a chairperson, a vice chairperson,
and such other officers as are considered necessary, each to serve for a one-year term.
Officers may be elected to succeed themselves. (d) Vacancies on the commission, except those caused by expiration of term, shall be
filled by the Governor's appointing a successor who meets the requirement for the
vacated position and who shall be confirmed by the Senate to serve for the remainder of the unexpired term of office.
(e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of at least six members of the commission.
(f) The members of the commission shall serve without compensation, but on presentation of a voucher authorized by the chairperson of the commission and approved by
the executive director, each member shall be entitled to receive for each day's expenses incurred while carrying out official commission business the same daily expense allow-
ance and travel or mileage allowance as that authorized for members of the General
Assembly. (g) A majority of the commission shall constitute a quorum for the conduct of busi-
ness, but not less than six voting members must concur in order for the commission to
take official action. (h) Any person appointed to the commission when the Senate is not in session may
serve on the commission without Senate confirmation until the Senate acts on that
appointment. 20-3-250.5. (a) The commission shall be a separate division of the Georgia Student
Finance Commission and is assigned to the Georgia Student Finance Commission for

TUESDAY, FEBRUARY 27, 1990

1935

administrative purposes only. The commission shall be a budget unit of the executive branch of the state government.
(b) The commission shall have the following powers and duties:
(1) To establish and promulgate standards, rules, regulations, and policies for carrying out the provisions of this part and for the orderly operation of the commission. To effectuate the purposes of this part, the commission may request from any department, division, board, bureau, commission, or other agency of the state, and such agency shall provide such information as will enable the commission to exercise properly its powers and perform its duties under this part;
(2) To establish minimum criteria in conformity with Code Section 20-3-250.6, including quality of education, ethical and business practices, health and safety, and fiscal responsibility which applicants for authorization to operate or for an agent's permit shall meet before such authorization or permit may be issued, and to continue such authorization or permit in effect. The criteria to be developed under this paragraph shall be such as will effectuate the purposes of this part but will not unreasonably hinder legitimate educational innovation;
(3) To negotiate and enter into interstate reciprocity agreements with similar agencies in other states if, in the judgment of the commission, such agreements are or will be helpful in effectuating the purposes of this part; but nothing contained in any such reciprocity agreement shall be construed as limiting the commission's or the executive director's powers, duties, and responsibilities with respect to investigating independently or acting upon any application for authorization to operate or for renewal of such authorization to operate a nonpublic postsecondary educational institution, or upon an application for issuance or renewal of any agent's permit, or with respect to the enforcement of any provision of this part, or of any of the rules or regulations promulgated under this part;
(4) To promulgate rules, regulations, and procedures necessary or appropriate for the conduct of its work and the implementation of this part, and to hold such hearings as it may deem advisable or as required by law in developing such rules, regulations, and procedures, or in aid of any investigation or inquiry;
(5) To delegate to the executive director such administrative powers and duties, in addition to those powers and duties of the executive director otherwise specified in this part, as may be reasonably necessary to carry out effectively this part and to establish such administrative organization and procedures as may be reasonably necessary to carry out this part;
(6) To exercise other powers and duties implied but not enumerated in this subsection but in conformity with this part which, in the judgment of the commission, are necessary in order to carry out this part;
(7) To submit annually to the House University System of Georgia Committee, to the House and Senate Education Committees, and to the Senate Higher Education Committee an annual written report summarizing the activities of the commission in
regard to its responsibilities, activities, and administration of this part;
(8) To receive and hold title to property, equipment, money, and materials; and (9) To contract with other state, federal, or local public or private schools and
other entities, individuals, or other legal entities for the provision of services or activities the commission deems necessary.
(c) The executive director of the Georgia Student Finance Commission shall be the
executive director of the commission. The executive director shall administer the provi-
sions of this part as provided in this subsection and as provided by rules, regulations,
and policies of the commission. The executive director shall have the following powers and duties:
(1) To employ such personnel as may be necessary to carry out the provisions of this part and in connection therewith to develop job descriptions for such personnel;
(2) To receive, investigate as he may deem necessary, and act upon applications for authorization to operate nonpublic postsecondary educational institutions and
upon applications for agents' permits;

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(3) To maintain a list of nonpublic postsecondary educational institutions and agents authorized to operate in this state under this part. Such list shall be available for the information of the public;
(4) To receive and cause to be maintained as a permanent file copies of academic records in conformity with Code Section 20-3-250.17;
(5) To investigate as he may deem necessary on his own initiative or in response to any complaint lodged with him any person, group, or entity subject to, or reasonably believed by him to be subject to, the jurisdiction of this part; and, in connection therewith, to subpoena any persons, books, records, or documents pertaining to such investigation, which subpoenas shall be enforceable by any court of this state; to require answers in writing under oath to questions propounded by him; and to administer an oath or affirmation to any person in connection with any investigation; and
(6) To administer compliance with this part in accordance with standards, rules, regulations, and policies of the commission. 20-3-250.6. (a) In establishing the criteria required by paragraph (2) of subsection (b) of Code Section 20-3-250.5, the commission shall observe and shall require compliance with the following minimum standards:
(1) A nonpublic postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated in compliance with the following minimum standards:
(A) That the quality and content of each course or program of instruction, training, or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered;
(B) That the institution has adequate space, equipment, library and physical facilities, instructional materials, and personnel to provide education of good quality;
(C) That the education and experience qualifications of directors, administrators, supervisors, and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study and that each instructor shall satisfactorily meet educational qualifications and other requirements established by the commission;
(D) That the institution provides students and other interested persons with a catalog or other written description containing information describing the programs offered; program objectives; length of program; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancellation and refund policies; prior year's enrollment, graduation, and job placement rates; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the executive director or defined in the rules and regulations of the commission; and that such information is provided to prospective students prior to enrollment;
(E) That upon satisfactory completion of training, the student is given appropriate educational credentials by such institution indicating that such course or courses of instruction or study have been satisfactorily completed by said student;
(F) That adequate records are maintained by the institution to show attendance, progress, or grades and that satisfactory standards are enforced relating to attendance, progress, and performance;
(G) That the institution is maintained and operated in compliance with all pertinent ordinances and laws including rules and regulations, relative to the safety and health of all persons upon the premises;
(H) That the institution is financially sound and capable of fulfilling its commitments to students;
(I) That neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type which are false, deceptive, misleading, or unfair;
(J) That the chief executive officer, trustees, directors, owners, administrators,
supervisors, staff, and instructors are of good reputation and character and that

TUESDAY, FEBRUARY 27, 1990

1937

each institution has an education director who meets the requirements established by the commission for such position which requirements shall be substantially related to the predominant course offerings at that institution;
(K) That the student housing owned, maintained, or approved by the institution, if any, is appropriate, safe, and adequate and meets all local fire, safety, and health codes;
(L) That the institution has and maintains a reasonable and proper policy for the refund of the unused portion of tuition, fees, housing or dormitory fees, and any other charges in the event a student enrolled by the school fails to begin a course or withdraws or is discontinued therefrom at any time prior to completion, which policy shall take into account those costs to the school that are not diminished by the failure of the student to enter or complete the course of instruction;
(M) That the institution maintains a policy of allowing any student a minimum of 72 hours from the date of the contract or agreement to cancel any contract or rescind any agreement to become a student at the institution and that in the event of any such cancellation or rescission, the student shall receive a refund of the total tuition and fees, if any, paid to the institution at the time of or in connection with the execution of the contract or agreement and that such policy shall be a clearly stated part of any written contract or agreement required of students attending the institution; and
(N) That the institution posts continuously in a conspicuous place a notice, in such form as required by the commission, which sets forth the procedures for filing a complaint with the commission for any alleged violation of this part. (2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a nonpublic postsecondary educational institution or institutions which meet the minimum standards established in this Code section and the criteria established under paragraph (2) of subsection (b) of Code Section 20-3-250.5.
(b) In lieu of the criteria set forth in subsection (a) of this Code section, or in addition thereto, the executive director, for good cause shown and with the advice of the commission, may amend, modify, substitute, or alter the terms of such criteria as necessary and advisable because of the specialized nature and objective of the operation of the postsecondary educational institution.
20-3-250.7. (a) No person, agent, group, or entity of whatever kind, alone or in concert with others, shall:
(1) Operate in this state a nonpublic postsecondary educational institution, conduct postsecondary activities in this state, or offer postsecondary instruction leading to a postsecondary degree or certificate to Georgia residents from a location outside the state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization;
(2) Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from this part, whether such institution is within or outside this state, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this part; or accept contracts or enrollment applications from an agent who does not have a current permit as required by this part; but the commission may promulgate rules and regulations to permit the rendering of legitimate public information services without such permit;
(3) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, agent, group, or entity is located within or outside this state, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in Code Section 20-3-250.6, the criteria established by the commission pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and the rules and regulations adopted by the commission;

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(4) Use the term 'university' or 'college' without authorization to do so from the commission; or
(5) Grant, or offer to grant, postsecondary degrees, diplomas, certificates, or honorary or unearned degrees without authorization to do so from the commission.
(b) No person, firm, or institution shall sell, barter, or exchange for any consideration or attempt to sell, barter, or exchange for any consideration any postsecondary degree, diploma, or certificate.
(c) No person, firm, or institution shall use, or attempt to use, in connection with any business, trade, profession, or occupation any postsecondary certificate, degree, or certification of degree or degree credit including, but not limited to, a transcript of course work, which the person, firm, or institution knows was fraudulently issued, obtained, forged, or materially altered,
(d) Any contract entered into with any person for any course of instruction by or on behalf of any owner, school employee, or representative of a nonpublic postsecondary educational institution subject to this part to which a certificate of authorization has not been issued shall be unenforceable in any action brought thereon.
20-3-250.8. (a) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the
commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institution, containing the information specified in subparagraph (a)(l)(D)
of Code Section 20-3-250.6, including information required by rules and regulations of the commission. Such application shall also be accompanied by evidence of a surety
bond as required by Code Section 20-3-250.10 and payment of the fees specified in Code Section 20-3-250.11.
(b) A nonpublic postsecondary educational institution shall not operate or conduct postsecondary activities in any building in which that institution did not previously
operate or conduct postsecondary activities unless the institution obtains authorization to operate or conduct those activities in that building as a branch facility. An applica-
tion for authorization to operate any branch facility shall be accompanied by catalogs, other written documents, evidence of bond, and payment of fees as required for an initial application pursuant to subsection (a) of this Code section.
(c) Following review of such application and any further information submitted by the applicant or required by the executive director, an on-site inspection of the physical
facility at which the institution will be operating, if located in this state, and such investigation of the applicant as the executive director may deem necessary or appropriate,
the executive director shall either grant or deny authorization to operate to the applicant. A grant of authorization to operate may be on such terms and conditions as the executive director may specify.
(d) The authorization to operate shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information:
(1) The date of issuance, effective date, and term of authorization; (2) The correct name and address of the institution so authorized; (3) The authority for authorization and conditions thereof;
(4) Any limitation of the authorization, as deemed necessary by the executive director;
(5) The signature of the executive director or such person as may have been designated by the executive director; and
(6) Any other fair and reasonable representations consistent with this part and deemed necessary by the executive director.
(e) The term for which authorization is given shall not extend for more than one year and may be issued for a lesser period of time.
(f) The authorization to operate shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change in own-
ership of the institution, a new owner or governing body must, within ten days after the change in ownership, apply for a new authorization to operate; and in the event of fail-
ure to do so, the institution's authorization to operate shall terminate. Application for

TUESDAY, FEBRUARY 27, 1990

1939

a new authorization to operate by reason of change in ownership of the institution shall, for purposes of subsection (b) of Code Section 20-3-250.12, be deemed an application for renewal of the institution's authorization to operate.
(g) At least 90 days prior to the expiration of an authorization to operate, the institution shall complete and file with the executive director an application form for renewal of its authorization to operate. Such renewal application shall be reviewed and acted upon as provided in subsections (c) through (f) of this Code section.
(h) An institution not yet in operation when its application for authorization to operate is filed may not begin operation or conduct any postsecondary activities until receipt of authorization.
(i) Each nonpublic postsecondary educational institution which has been granted an authorization to operate or conduct postsecondary activities in this state shall obtain approval from the executive director before it offers any course not offered by the institution at the time its initial authorization was granted or upon July 1, 1991, whichever is later. The commission by regulation shall establish procedures and standards for approval of such additional course offerings.
20-3-250.9. (a) Each person desiring to solicit or perform the services of an agent in this state shall make application to the executive director upon forms to be provided by the commission. Such application shall be accompanied by evidence of the good reputation and character of the applicant in a form to be prescribed by the commission and shall state the institution or institutions which the applicant intends to represent. An agent representing more than one institution must obtain a separate agent's permit for each institution represented, but when an agent represents institutions having a common ownership, only one agent's permit shall be required with respect to such institutions. In the event any institution which the applicant intends to represent does not have authorization to operate in this state, such application shall be accompanied by the information required of institutions making application for such authorization. Such application for an agent's permit shall also be accompanied by evidence of a surety bond as required by Code Section 20-3-250.10 and payment of the fees specified by Code Section 20-3-250.11.
(b) Following review of such application and any further information submitted by the applicant or required by the executive director and such investigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny an agent's permit to the applicant.
(c) The agent's permit shall be in a form approved by the commission and shall state in a clear and conspicuous manner at least the following information:
(1) The date of issuance, effective date, and term;
(2) The correct name and address of the agent; and
(3) The institution or institutions which such agent is authorized to represent.
(d) The term for which an agent's permit is issued shall not extend for more than one year and may be issued for a lesser period of time.
(e) At least 60 days prior to the expiration of an agent's permit, the agent shall complete and file with the executive director an application form for renewal of the permit. Such renewal application shall be reviewed and acted upon as provided in subsections (b) through (d) of this Code section.
20-3-250.10. (a) At the time an initial application or application for a branch facility is made for authorization to operate, the executive director shall require the nonpublic postsecondary educational institution making such application to file with the executive director a good and sufficient surety bond in such sum as determined by subsection (b) of this Code section. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to provide indemnification to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by such nonpublic postsecondary educational institution and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt

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of written notification thereof. Regardless of the number of years that such bond is in

force, the aggregate liability of the surety thereon shall in no event exceed the penal sum

of the bond. The bond may be continuous.

(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the mini-

mum amount of the bond required by subsection (a) of this Code section shall be

based on the total maximum head count enrollment of the nonpublic postsecondary

educational institution during the previous year or on the estimated head count enroll-

ment for the current year, whichever is larger, and shall be as follows:

Maximum Enrollment

Minimum Bond

0-50...........................................................................................................................$ 20,000.00

51-100 ............................................................................................................................30,000.00

101-200............................................................................................................................50,000.00

201-300............................................................................................................................75.000.00

301-400..........................................................................................................................100.000.00

401 and over...........,.....................................................................................................150,000.00

(2) As an alternative to the amount of the bond determined under paragraph (1)

of this subsection, the nonpublic postsecondary educational institution shall have the

option of filing a bond in an amount equal to total tuition collected by the institution

during the previous year or the estimated total tuition for the current year, whichever

is larger; provided, however, the amount so determined shall be rounded off to the

next highest $1,000.00.

(c) An application for an agent's permit shall be accompanied by a good and suffi-

cient surety bond in a penal sum of $5,000.00. Such bond shall be executed by the appli-

cant as principal and by a surety company qualified and authorized to do business in

this state. The bond may be in blanket form to cover more than one agent for a

postsecondary educational institution, but it shall cover each agent for such institution

in a penal sum of $5,000.00. The bond shall be conditioned to provide indemnification

to any student or enrollee or that person's parent or guardian or class thereof deter-

mined to have suffered loss or damage as a result of any act or practice which is a viola-

tion of this part or of rules and regulations promulgated pursuant thereto by said agent

and that the bonding company shall pay any final, nonappealable judgment rendered by

the commission or any court of this state having jurisdiction, upon receipt of written

notification thereof. Regardless of the number of years that such bond is in force, the

aggregate liability of the surety thereon shall in no event exceed the penal sum of the

bond. The bond may be continuous.

(d) If the bond filed with the initial application to operate remains in effect, it shall

be sufficient when an application is made for the renewal of authorization to operate,

unless the amount of the bond must be increased because of increased enrollment to

comply with requirements of subsection (b) of this Code section.

(e) The surety bond to be filed under this Code section shall cover the period of the

authorization to operate or the agent's permit, as appropriate, except when a surety shall

be released as provided in this Code section. A surety on any bond filed under this Code

section may be released therefrom after such surety shall serve written notice thereof

on the executive director at least 30 days prior to such release; but such release shall

not discharge or otherwise affect any claim theretofore or thereafter filed by a student

or enrollee or that person's parent or guardian or class thereof for loss or damage result-

ing from any act or practice which is a violation of this part or of rules and regulations

promulgated pursuant thereto alleged to have occurred while such bond was in effect or

from an institution's ceasing operations during the term for which tuition has been paid

while such bond was in force.

(f) Authorization for an institution to operate and an agent's permit shall be sus-

pended by operation of law when such institution or agent is no longer covered by a

surety bond as required by this Code section, but the executive director shall cause such

institution or agent, or both, to receive at least 30 days' written notice prior to the

release of the surety to the effect that such authorization or permit shall be suspended

by operation of law until another surety bond shall be filed in the same manner and

like amount as the bond being terminated.

TUESDAY, FEBRUARY 27, 1990

1941

(g) In lieu of the surety bond provided for in subsections (a) and (b) of this Code section, the commission by rule or regulation may authorize the director to accept a property bond when a principal of the nonpublic postsecondary educational institution owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section.
20-3-250.11. (a) Fees shall be collected by the executive director in such amounts as shall be established by the commission so that the total amount of those fees charged in each fiscal year of the commission shall approximate the total of the direct and indirect costs to the state of the operation of the commission for the immediately preceding fiscal year. The commission shall establish separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educational institutions based upon the commission's actual or projected costs to perform its duties and responsibilities with regard to those categories of institutions and, within those categories, based upon actual or projected enrollment of those institutions. The commission shall also establish initial and renewal fees for agents' permits. All fees collected pursuant to this part shall be deposited in the state treasury to the credit of the general fund, and no fees collected under this part shall be subject to refund. The fees to be collected by the commission under this part shall accompany an application for authorization to operate or an agent's permit.
(b) The commission will pay all costs for evaluation committees that may be necessary to implement this part.
20-3-250.12. (a) If the executive director, upon review and consideration of an application for authorization to operate or for an agent's permit or for renewal thereof, shall determine that the applicant fails to meet the criteria established as provided in this part, the executive director shall so notify the applicant, setting forth the reasons therefor in writing, and shall deny the application.
(b) The executive director may grant to an applicant for renewal an extension of time of reasonable duration in which the applicant may eliminate the reason or reasons for denial contained in the statement of denial, if the applicant has demonstrated to the satisfaction of the executive director its or his desire to meet the requirements of Code Section 20-3-250.6 and the criteria established pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and if in the judgment of the executive director it would be reasonably possible for the applicant to meet such requirements and criteria within such time.
(c) In the event the executive director denies an application for an agent's permit or for renewal thereof, he shall notify the institution or institutions which such agent represented or proposed to represent, according to the records of the commission, including the reasons therefor.
20-3-250.13. (a) An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the executive director has reasonable cause to believe that the holder of such authorization or permit has violated or is violating this part or any rules and regulations promulgated pursuant thereto. Prior to such revocation or imposition of condition, the executive director shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder of a permit that if a hearing is requested, in writing, within ten days of receipt of such notice, the executive director shall set a time and place for a hearing at which the holder of the authorization or permit may be heard in response to the allegation of noncompliance with this part or rules and regulations promulgated pursuant to this part.
(b) If a hearing is requested as provided in subsection (a) of this Code section, such hearing shall be conducted as provided in subsection (d) of Code Section 20-3-250.15, and the holder of the authorization or permit shall have the rights set forth in that Code section. The decision of the commission shall be made as provided in subsection (e) of Code Section 20-3-250.15 and shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. In the event an agent's permit is revoked or a condition is imposed thereon, the executive director shall notify the institution or institutions which such agent was permitted to represent, as shown in the records

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of the commission, in addition to the notice required to be given to the agent and any other parties to the hearing.
20-3-250.14. (a) Any person claiming damage or loss as a result of any act or practice by a nonpublic postsecondary educational institution or its agent, or both, which is a violation of this part or of the rules and regulations promulgated pursuant thereto may file with the executive director a verified complaint against such institution or against its agent, or both. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the executive director by the commission's representatives or by the Attorney General. A complainant may also file with the executive director as a representative of a class of complainants.
(b) The executive director shall investigate any such complaint and may, at his discretion, attempt to effectuate a settlement by persuasion and conciliation. The executive director may consider a complaint after ten days' written notice sent by registered or certified mail, return receipt requested, to such institution or to such agent, or both, as appropriate, giving notice of a time and place for hearing thereon. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act."
(c) If, based upon all the evidence at a hearing, the executive director shall find that a nonpublic postsecondary educational institution or its agent, or both, have engaged in or are engaging in any act or practice which violates this part or the rules and regulations promulgated pursuant thereto, the executive director shall issue and cause to be served upon such institution or agent, or both, an order requiring such institution or agent, or both, to cease and desist from such act or practice. Additionally, if the executive director shall find that the complainant or class of complainants has suffered loss or damage as a result of such act or practice, the executive director may, at his discretion, award the complainant or class of complainants full or partial restitution for such damage or loss and may impose the penalties provided for in Code Section 20-3-250.21. The executive director may also, as appropriate, based on his own investigation or the evidence adduced at such hearing or on the basis of such investigation and evidence, commence an action to revoke an institution's authorization to operate or revoke an agent's permit.
20-3-250.15. (a) Any person aggrieved by a decision of the executive director respecting denial of an authorization to operate or of an agent's permit or the placing of conditions thereon, whether on initial application or on application for renewal, or by a decision of the executive director revoking an institution's authorization to operate or an agent's permit and any person aggrieved by the imposition of a penalty by the executive director under Code Section 20-3-250.21 shall have the right to a hearing and review of such decision by the commission as provided in this Code section.
(b) If, upon written notification of any such action taken by the executive director, the aggrieved party desires a hearing and review, such party shall notify the executive director, in writing, within ten days after the giving of notice of such action; otherwise such action shall be deemed final.
(c) Upon receiving such notice from the aggrieved party, the executive director, after consultation with the commission, shall fix the time and place for a hearing by the commission within 30 days and shall notify the aggrieved party thereof.
(d) At such hearing the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition or in extenuation. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any member of the commission may preside except where a clear conflict of interest may be demonstrated.
(e) A decision of the commission following a hearing, or on expiration of the time for demand of a hearing if no such demand is filed, shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. All matters presented by hearing as provided in this Code section shall be acted upon promptly by the commission, and the commission shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact,

TUESDAY, FEBRUARY 27, 1990

1943

law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof.
20-3-250.16. (a) Any person aggrieved or adversely affected by any final action of the commission may obtain judicial review of such action as provided in this Code section.
(b) An action for judicial review may be commenced in any court of competent jurisdiction within 30 days after the commission's action becomes effective.
(c) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review, or the reviewing court, upon application therefor and upon such terms and upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.
(d) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the commission and the decision, findings, and action of the commission. As to alleged procedural irregularities, evidence may be taken
independently by the court. (e) If the court finds no error, it shall affirm the commission's action. If it finds that
such action was: (1) Arbitrary or capricious; (2) A denial of a statutory right; (3) Contrary to constitutional right, power, privilege, or immunity; (4) In excess of statutory jurisdiction, authority, purposes, or limitation;
(5) Not in accord with the procedures or procedural limitations of this part or oth-
erwise required by law; (6) An abuse or clearly unwarranted exercise of discretion, unsupported by sub-
stantial evidence when the record is considered as a whole; or
(7) Otherwise contrary to law, then the court shall hold unlawful and set aside the commission's action and afford such
relief as may be appropriate. (f) The decision of the trial court shall be subject to appellate review in the same
manner and with the same effect as in appeals from a final judgment or decree in any
other civil action. 20-3-250.17. In the event any nonpublic postsecondary educational institution now or
hereafter operating in this state proposes to discontinue its operations, the chief administrative officer, by whatever title designated, of such institution shall cause to be filed with the executive director the original or legible true copies of all such academic records of such institution as may be specified by the executive director. Such records
shall include, at a minimum, such information as is customarily required by colleges or proprietary schools when considering students for transfer or advanced study and, as a
separate document, the academic record of each former student. In the event it appears to the executive director that any such records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable
to the executive director, the executive director may, with court order, seize and take possession of such records, subject to the confidentiality accorded normal school records.
The executive director shall maintain or cause to be maintained a permanent file of such
records coming into his possession. 20-3-250.18. (a) The Attorney General of this state or the district attorney of any
judicial circuit in which a nonpublic postsecondary educational institution or an agent
thereof is found, at the request of the executive director or on his own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the
enforcement of this part. (b) Whenever it shall appear to the executive director that any person, agent, group,
or entity is about to violate or has been violating any of the provisions of this part or any of the lawful rules, regulations, or orders of the executive director, the executive
director may, on his own motion or on the written complaint of any person, file a petition for injunction in the name of the commission in any court of competent jurisdiction

1944

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in this state against such person, group, or entity for the purpose of enjoining such violation or for an order directing compliance with this part and all rules, regulations, and orders issued pursuant thereto. It shall not be necessary that the executive director allege or prove that he has no adequate remedy at law. The right of injunction provided in this Code section shall be in addition to any other legal remedy which the executive director has and shall be in addition to any right of criminal prosecution provided by law, but the executive director shall not obtain a temporary restraining order without notice to the person, group, or entity affected. The existence of an action of the executive director with respect to alleged violations of this part shall not operate as a bar to an action for injunctive relief pursuant to this Code section.
20-3-250.19. Any nonpublic postsecondary educational institution not exempt from this part, whether or not a resident of or having a place of business in this state, which conducts postsecondary activities or which instructs or educates or offers to instruct or educate, enrolls or offers to enroll, or contracts or offers to contract to provide instructional or educational services in this state, whether such instruction or services are provided in person or by correspondence or by telecommunications or electronic media
technology, to a resident of this state or which offers to award or awards any educational credentials to a resident of this state submits such institution and, if a natural person, his personal representative to the jurisdiction of the courts of this state concerning any cause of action arising therefrom and for the purpose of enforcement of this part by
injunction pursuant to Code Section 20-3-250.18. Service of process upon any such institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner
prescribed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' with the same force and effect as if the summons had been personally served within this state. Nothing contained in this Code section shall limit or affect the right to serve any process as pre-
scribed by Chapter 11 of Title 9. 20-3-250.20. The commission, through the executive director, shall request funds for
the administration of this part, and the General Assembly shall appropriate such funds as deemed adequate and necessary.
20-3-250.21. Any person, group, or entity or any owner, officer, agent, or employee
thereof who shall willfully violate Code Section 20-3-250.7 or who shall fail or refuse to deposit with the executive director the records required by Code Section 20-3-250.17
shall be subject to a civil penalty not to exceed $1,000.00 for each violation. Each day's failure to comply with such Code sections shall be a separate violation. Such fine may
be imposed by the executive director in an administrative proceeding or by any court of competent jurisdiction. The commission shall adopt a schedule of regularly imposed
fines for violations of this part and shall have such schedule published by the executive
director. 20-3-250.22. (a) No person shall: (1) Operate a nonpublic postsecondary educational institution without a certificate of authorization issued by the executive director or use the words 'college' or 'univer-
sity' in the name of such institution located in Georgia unless it was doing so prior
to July 1, 1985, or is otherwise authorized to do so under this part; (2) Solicit prospective students without being bonded as required in Code Section
20-3-250.10; (3) Make or cause to be made any statement or representation, oral, written, or
visual, in connection with the offering or publicizing of a course, if such person knows or reasonably should have known the statement or representation to be false, decep-
tive, substantially inaccurate, or misleading; (4) Promise or guarantee employment utilizing information, training, or skill pur-
ported to be provided or otherwise enhanced by a course, unless the promiser or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a specified period of time
in a business or other enterprise regularly conducted by him and if such information,
training, or skill is a normal condition of employment; or (5) Do any act constituting part of the conduct or administration of a course or
the obtaining of students thereof, if such person knows or reasonably should know

TUESDAY, FEBRUARY 27, 1990

1945

that any phase or incident of the conduct or administration of the course is being carried on by the use of fraud, deception, or other misrepresentation or by any person soliciting students without a permit. (b) Any person, group, or entity or any owner, officer, agent, or employee thereof who willfully violates Code Section 20-3-250.7 or subsection (a) of this Code section, or who willfully fails or refuses to deposit with the executive director the records required by Code Section 20-3-250.17 shall be guilty of a misdemeanor. Each day's failure to comply with such Code sections shall be a separate violation. Such criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the Attorney General or a district attorney pursuant to Code Section 20-3-250.18. 20-3-250.23. All certificates of authorization previously issued under either Article 3 of this chapter, the 'Postsecondary Educational Authorization Act of 1978,' or Article 4 of Chapter 4 of this title, the 'Georgia Proprietary School Act,' as such articles and provisions existed immediately prior to July 1, 1991, shall remain valid until their expiration date or until such certificate can be renewed in accordance with the terms of this part and the rules, regulations, and standards of the commission. The commission is authorized to adopt interim rules and regulations to allow for the transition to this part for institutions regulated under the aforementioned articles. 20-3-250.24. All employees of the commission shall be subject to and covered by Article 1 of Chapter 20 of Title 45, but the position of executive director and such other employee positions as may be determined by the commission to be exempt from the classified service pursuant to that article shall be exempt unclassified positions, and the commission shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions. All full-time employees of the commission shall be members of the Employees' Retirement System of Georgia, except for members of the Teachers Retirement System of Georgia who, without any break in service, become full-time employees of the commission. Such employees shall continue as members of the Teachers Retirement System of Georgia. 20-3-250.25. All records, files, accounts, and related items utilized in the administration of the 'Georgia Proprietary School Act,' or the 'Postsecondary Educational Authorization Act of 1978,' are transferred from the State Board of Education to the commission and executive director. 20-3-250.26. Nothing in this part shall be construed to limit a state examining board's authority, as granted by Title 43, to regulate and govern the curriculum, course requirements, instructor qualifications, and other educational activities of nonpublic postsecondary educational institutions."
Section 4. Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Postsecondary Educational Authorization Act of 1978" is repealed in its entirety and the following is substituted in lieu of said repealed article:
"ARTICLE 3 RESERVED".
Section 5. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Proprietary School Act," is repealed in its entirety and the following is substituted in lieu of said repealed article:
"ARTICLE 4 RESERVED".
Section 6. This Act shall become effective on July 1, 1991, except that this Act shall be effective on July 1, 1990, for the purpose of allowing the Governor to screen and select persons for appointment to the Nonpublic Postsecondary Education Commission on July 1, 1991, and for the purpose of beginning the transfer of records, files, and accounts as specified in Code Section 20-3-250.25 and for other administrative purposes as necessary to prepare for the implementation of this Act on July 1, 1991.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

1946

JOURNAL OF THE HOUSE,

Representative White of the 132nd moved that the House disagree to the Senate substitute to HB 1254.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Smith of the 156th, Walker of the 115th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 702

The Committee of Conference on HB 702 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 702 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Pierre Howard Senator, 42nd District
/s/ Hugh Gillis Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ George F' Green> M-DRepresentative, 106th District
/s/ E M Childers Representative, 15th District

/s/ Harold J. Ragan Senator, 10th District

/s/ Bobby E. Parham Representative, 105th District

A BILL
To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, physician's assistants, and respiratory care, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter; to provide for procedures; to require a minimum number of hours of continuing education; to provide for approval of certain courses; to provide for waivers; to provide for authority of the board; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, physician's assistants, and respiratory care, is amended by adding at the end thereof a new Code section, to be designated Code Section 43-34-3, to read as follows:
"43-34-3. (a) The board shall be authorized to require persons seeking renewal of a license or certificate under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National

TUESDAY, FEBRUARY 27, 1990

1947

Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned.
(b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or in cases where physicians or physicians' assistants are serving in fellowships, new specialty residencies, postgraduate specialty programs, the United States Congress, or under such other circumstances as the board deems appropriate.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Green of the 106th moved that the House adopt the report of the Committee of Conference on HB 702.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck
Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark,H Y Clark.L Y Coleman Y Colwell
Connell
E Couch Y Crawford
Crosby Y Cummings.B
Cummings.M
Y Davis.C Y Davis.G Y Davis,M
Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren
Hudson Ylrwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Kingston
YLane,D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee
Linder YLong
Lord
Lucas
Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey

On the motion, the ayes were 151, nays 0. The motion prevailed.

McKinney.B
McKinney.C Y Meadows Y Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Y Orrock Y Padgett Y Pannell YPaiham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
YRandall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson
Y Robinson Y Royal YSelman
Simpson
Y Sinkfield

Y Smith,L Y Smith.P Y Smith.T
Smith.W
Y Smyre YSnow
Y Stancil.F Y Stancil,S
Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L Y WaU Y Ware Y Watson Y Watts Y White
Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

The following Resolutions of the House were read and referred to the Committee on Agriculture and Consumer Affairs:

HR 961. By Representatives Reaves of the 147th, Balkcom of the 140th and Holland of the 136th:
A resolution urging the continuation of the federal crop insurance program.

1948

JOURNAL OF THE HOUSE,

HR 962. By Representatives Reaves of the 147th, Balkcom of the 140th and Holland of the 136th:
A resolution urging changes in certain provisions of the federal 1990 farm bill relative to peanuts.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Corps Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1105

The Committee of Conference on HB 1105 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1105 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ BSeilnl aEtonrg,li2s1hst District
/s/ Harold J. Ragan Senator, 10th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ immy kmith Representative, 152nd District
/s/ Diane Harvey Johnson Representative, 123rd District

/s/ Earl Echols, Jr. Senator, 6th District

/s/ Robert Ray Representative, 98th District

A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Crops Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers; to provide that the purpose of such fund is to encourage economic development and to make available to consumers emerging crops grown in Georgia; to provide that such fund shall be administered by the Georgia Development Authority; to provide for the powers of the authority in connection therewith; to provide for appropriations and other sources of funds for the emerging crops fund; to designate emerging crops; to provide procedures for paying interest on certain loans made to farmers; to provide for the repayment of loans made to pay interest on loans made to farmers; to provide for other matters relative to the foregoing; to provide that this Act shall become effective on a certain date only upon the ratification of a certain amendment to the Constitution at the 1990 general election; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 27, 1990

1949

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding immediately following Chapter 8 a new Chapter 8A to read as follows:
"CHAPTER 8A
2-8A-1. This chapter shall be known and may be cited as the 'Emerging Crops Fund Act.'
2-8A-2. The purpose of this chapter is to promote economic development by encouraging the production of plant or animal crops in Georgia which have not been produced commercially to their full potential, to encourage farmers of this state to shift from enterprises with low-profit margins to those with higher profit margins, and to make available to consumers emerging crops grown in Georgia.
2-8A-3. As used in this chapter, the term: (1) 'Emerging crop" means a plant or animal crop for which consumers have a
growing demand, which has potential for economic development, which has a development time from beginning of production to commercial harvest or initial sale of the product of not less than 18 months nor more than five years, and which has been designated an emerging crop by the Georgia Development Authority or by Code Section 2-8A-4.
(2) 'Farmer' means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term shall include individuals, family-farm corporations meeting the requirements of paragraph (2) of subsection (b) of Code Section 48-5-7.1, and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements.
(3) 'Fund' means the Emerging Crops Fund established in Code Section 2-8A-5. (4) 'Georgia Development Authority' or 'authority' means the Georgia Development Authority provided for in Chapter 10 of Title 50. (5) 'Interest loan' means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the nonland capital costs of establishing production of an emerging crop. (6) 'Lender' means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration. 2-8A-4. Emerging crops shall include but not be limited to the following crops: (1) Blueberries; (2) Blackberries; (3) Strawberries; (4) Raspberries; (5) Asparagus; (6) Peaches; (7) Apples; (8) Grapes; (9) Pears; (10) Ornamental horticultural plants; (11) Christmas trees; and (12) Fish farming which shall include, but shall not be limited to, crawfish, Saint Peter's (Tilapia) fish, freshwater shrimp, catfish, hybrid bass (a cross between striped bass and white bass), and rainbow trout. 2-8A-5. (a) There is established as a separate fund of the Georgia Development Authority a fund to be known as the 'Emerging Crops Fund,' which shall be used to make interest loans on loans made to farmers for nonland capital costs of establishing production of emerging crops on land in Georgia. The fund shall be administered by the Georgia Development Authority. The Georgia Development Authority shall by rules or regulations develop definitions, guidelines, standards, requirements, and procedures for

1950

JOURNAL OF THE HOUSE,

making interest loans as authorized in this chapter. Funds for the Emerging Crops Fund and for the administration of said fund shall be provided from the following sources:
(1) Appropriations by the General Assembly, and funds appropriated to the Emerging Crops Fund shall be presumptively concluded to have been committed to the purpose for which appropriated and shall not lapse;
(2) The repayment of interest loans made from the fund; and (3) Any interest or earnings made from the investment of funds of the Emerging Crops Fund. (b) The Georgia Development Authority shall maintain the Emerging Crops Fund entirely separate from any other funds of the authority, and no funds available to the authority to carry out its purposes under Chapter 10 of Title 50 shall be used for the purposes of the Emerging Crops Fund. The source of funds provided for in subsection (a) of this Code section shall be the only source of funds for the Emerging Crops Fund. (c) Except as limited by subsection (b) of this Code section, the Georgia Development Authority may exercise any power possessed by the authority under Chapter 10 of Title 50 to carry out the provisions of this chapter. 2-8A-6. Any lender which has made or makes a loan to a farmer to finance the nonland capital costs of establishing production of an emerging crop on land in Georgia may make application to the Georgia Development Authority for an interest loan to pay interest on the loan during the period from the beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one farmer shall be $50,000.00; provided, however, the Georgia Development Authority in administering the fund shall give priority to smaller interest loans. During the period that the Georgia Development Authority pays the interest on a loan from the fund, the maximum rate of interest which may be charged on the loan by the lender shall be 2 '/2 percent per annum above the prime rate charged by banks on short-term business loans as published daily in the Wall Street Journal. By payment of the interest on a loan, neither the Georgia Development Authority nor the State of Georgia shall be a guarantor of the loan. The Georgia Development Authority shall, by rule or regulation, require such security or lien as may be necessary to provide adequate security for the authority as condition for making an interest loan as authorized by this chapter. 2-8A-7. Repayment of an interest loan made from the fund shall be deferred for a period of time not more than five years or the time when the emerging crop should reach maturity. The schedule for repayment of the interest loan shall be a period of time equal to two times the period that interest is paid on the loan from the fund for that emerging crop. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the Georgia Development Authority for deposit into the fund."
Section 2. Section 1 of this Act shall become effective on January 1, 1991, only if an amendment to the Constitution authorizing the General Assembly to provide by general law for an emerging crops fund to pay interest on certain loans made to farmers and authorizing the appropriation of funds for the purposes of such fund is ratified at the 1990 general election. If such an amendment to the Constitution is not ratified at the 1990 general election, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 152nd moved that the House adopt the report of the Committee of Conference on HB 1105.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams

Y Aiken Y Alford Y AUen

Y Athon Atkins
Y Bailey

Y Baker Y Balkcom
Bannister

Y Barfoot Y Bargeron Y Barnett,B

Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B
Y Clark,H Y Clark.L Y Coleman Y Colwell
Connell E Couch
Y Crawford Crosby
Y Cummings.B Cummings,M

TUESDAY, FEBRUARY 27, 1990

Y Davis.C
Davis.G Y Davis.M
Diion,H Y Dkon,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren

Hudson Ylrwin Y Isakson
Y Jackson,J
Y Jackson, W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore
Kingston YLane.D YLane.R Y Langford Y Lawrence Y Lawson
YLee Linder
YLong Lord Lucas
Y Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey
McKinney,B McKinney.C Y Meadows
YMilam Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit
Pinkston
YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal
Selman Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T

1951
Smith.W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams^ Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 146, nays 0. The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 963. By Representatives Holmes of the 28th, Brooks of the 34th, McKinney of the 35th, McKinney of the 40th, Benn of the 38th and others:
A resolution commending Metro Atlanta Women Golfers, Inc.

HR 964. By Representatives Langford of the 7th, Foster of the 6th, Poag of the 3rd and Clark of the 13th:
A resolution expressing regret at the passing of Honorable Buford A. Ingle.

HR 965. By Representatives Pinkston of the 100th, Murphy of the 18th, Padgett of the 86th, Patten of the 149th, Walker of the 115th and others:
A resolution commending Honorable James McEntire Beck.

HR 966. By Representatives Smith of the 78th, Jenkins of the 80th, Stancil of the 66th, Green of the 106th, Parham of the 105th and others:
A resolution commending Jerry C. Whidby.

HR 967. By Representatives Smith of the 78th, Jenkins of the 80th, Stancil of the 66th, Green of the 106th, Parham of the 105th and others:
A resolution commending David Mitchell.

1952

JOURNAL OF THE HOUSE,

HR 968. By Representatives Langford of the 7th, Foster of the 6th, Poag of the 3rd, Clark of the 13th, Patten of the 149th and others:
A resolution expressing regret at the passing of Honorable Ernest Ralston.

HR 969. By Representative Barnett of the 59th: A resolution commending Lawrenceville Middle School.

HR 970. By Representative Barnett of the 59th: A resolution designating "A Can Do Week".

HR 971. By Representatives Barnett of the 59th and Bannister of the 62nd: A resolution commending Ms. Jan F. Klen.

HR 972. By Representatives Aiken of the 21st, Howren of the 20th, Clark of the 20th, Vaughan of the 20th, Atkins of the 21st and others:
A resolution expressing support for the Georgia Rails Into Trails Society.

HR 973. By Representative Branch of the 137th: A resolution commending the QUEST Program.

HR 974. By Representatives Foster of the 6th, Dixon of the 151st, Watson of the 114th, Kilgore of the 42nd, Murphy of the 18th and others:
A resolution expressing regret at the passing of Carl Martin.

HR 975. By Representative Mobley of the 64th: A resolution commending Dr. William Quentin Randolph.

HR 976. By Representatives Pannell of the 122nd, Alien of the 127th, Johnson of the 123rd, Hamilton of the 124th, Dixon of the 128th and others:
A resolution expressing regret at the untimely passing of Mr. Robert Edward Robinson.

HR 977. By Representative Bostick of the 138th: A resolution commending Alien Lee Tibbetts.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

TUESDAY, FEBRUARY 27, 1990

1953

SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.

The President has appointed on the part of the Senate the following: Senators Turner of the 8th, English of the 21st and Pollard of the 24th.

The Senate insists on its substitutes to the following Bills of the House:

HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employment of certain contributors.

HB 1254.

By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.

Representative Patten of the 149th moved that the House adhere to its position in substituting SB 478 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Parrish of the 109th, Dobbs of the 74th and Patten of the 149th.

The following communication from the Secretary of State was received and read:

1954

JOURNAL OF THE HOUSE,

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1066 through 1084, who have registered in the Docket of Legislative Appearance as of February 23, 1990, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record
in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 23rd day of February, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

la/ Max Cleland Secretary of State

1066. J. Richard Petersen, Jr. Cigna Corporation 1305 Westlakes Drive Berwyn, Pa. 19132
1067. Terri Branning Cigna Corporation 1360 Peachtree Street Suite 1300 Atlanta, Georgia 30309
1068. J. David Nickles Pfizer, Inc. 4360 N. E. Expressway Doraville, Georgia 30340
1069. Marion A. Suitt Glaxo, Inc. Rt. 2, Box 680 Boone, NC 28607
1070. Michael Dowda Fathers Are Parents Too 103 Powell Decatur, Georgia 30030
1071. Sam M. Poole DuPont Company One American Place #1820 Baton Rouge, LA 70825
1072. Francis D. Mangieri Ciba-Geigy Pharmaceutical 5905 Polo Drive Gumming, Georgia 30130
1073. Audrey W. Knight Newnan Eagle Forum 521 Golfview Drive Peachtree City, Ga. 30269

1074. Frederick W. Hoffman Chrysler Corporation Cims 416-13-08 12000 Chrysler Drive Highland Park, MI 48288-1919
1075. Jacqueline Azar Pro-Life 489 Cameron Street S.E. Atlanta, Georgia 30312
1076. Andrew G. Martinez Nationwide Insurance Co. 1311 Executive Center Drive Suite 121 Tallahassee, Fla. 32301
1077. Bonnie D. Winfrey, A.A.H.C.C. Bradley Method of Natural Childbirth P. O. Box 82324 Hapeville, Georgia 30349
1078. Heather Bennett McCabe Families Forum Rehabilitation and Education for Adults and Children Div. for Early Childhood of Council for Exceptional Children 3296 Briarcliff Road, N.E. Atlanta, Georgia 30345
1079. Cindy L. Arceneaux Families Forum North Metro Family and Preschool Program PTA 3296 Briarcliff Road N.E. Atlanta, Georgia 30345

TUESDAY, FEBRUARY 27, 1990

1955

1080. Patricia M. Smith Assn. for Retarded Citizens of Georgia 1851 Ram Runway College Park, Ga. 30337
1081. Richard Verzyl, Jr. Gwinnett Right to Life 3770 Belle Glade Trail Lithonia, Georgia 30058
1082. Garnett B. Prince Warner-Lambert Co. 735 Pine Needle Road Hampton, Georgia 30228

1083. Fran Toliver Georgia Fed. of Teachers AFL/CIO
5901-B Peachtree-Dunwoody Road, Suite 475
Atlanta Georg&ia 30328 1084. Monica C. Jones
Atlanta Task Force for Persons with Disabilities
A14t0la0nWta,. GPeeaocrghitare3e0309

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 857 Do Pass SB 623 Do Pass, by Substitute
Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 445 Do Pass SB 537 Do Pass

SB 600 Do Pass, by Substitute SB 634 Do Pass

Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Jackson of the 9th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow-
ing recommendations:

SB 451 Do Pass SB 700 Do Pass

SB 642 Do Pass SB 450 Do Pass, by Substitute

1956

JOURNAL OF THE HOUSE,

Respectfully submitted, is/ Jackson of the 9th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 346 Do Pass SB 687 Do Pass, by Substitute SR 332 Do Pass

SB 335 Do Pass, by Substitute SB 751 Do Pass, as Amended

Respectfully submitted,
M Lane of the 27th Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 28, 1990

1957

Representative Hall, Atlanta, Georgia Wednesday, February 28, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Kevin Lobello, Pastor, First United Methodist Church, Hogansville, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 2056. By Representative Greene of the 130th: A bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2057. By Representative Watts of the 41st: A bill to amend an Act creating a new charter for the City of Hiram, so as to expand the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 2058. By Representatives Holland of the 136th and Hanner of the 131st: A bill to create a board of elections for Lee County, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

1958

JOURNAL OF THE HOUSE,

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the com-
mittees:

HB 2059. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2060. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the content of the report and audit submitted to the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2061. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2062. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2063. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2064. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating a new charter for the City of Riverdale, so as to redefine the boundaries of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 28, 1990

1959

HB 2065. By Representatives Chambless of the 133rd, Cummings of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2066. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act entitled "An Act to amend an Act providing a new board of commissioners of Henry County," so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; to provide that such chairman shall be the chief executive officer of the county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2067. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to fix the salary of the sheriff; to fix the salary of the clerk of superior court; to provide longevity allowances to the clerk of superior court for prior years of service.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2068. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to provide longevity allowances to the tax commissioner for prior years of service; to change the provisions relative to the compensation of the deputy tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2069. By Representative Thurmond of the 67th:
A bill to amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, so as to change the compensation of the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2070. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide that future school superintendents of the Clayton County School District shall be nominated and elected in nonpartisan primaries and elections.
Referred to the Committee on State Planning & Community Affairs - Local.

1960

JOURNAL OF THE HOUSE,

HB 2071. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to restate and recodify certain existing provisions of law; to revise certain existing provisions of law; to change the composition of the board of education; to change the terms of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 999. By Representative Hanner of the 131st:
A resolution consenting to the annexation of certain state owned real property located in Calhoun County into the corporate limits of the City of Morgan.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the following Bills of the House were read the second time:

HB 2049 HB 2050
HB 2051 HB 2052

HB 2053 HB 2054 HB 2055

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 28, 1990
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:
HR 577 Task Force to Promote Self-Esteem; Urge Creation HR 831 Education; Course in Citizenship & Character Development; Directing
SB 10 Emp. Ret.; Certain Forfeited Annual and Sick Leave; Credit SB 229 Hospital Authorities; Powers SB 333 Hospitals; Staff Privileges; Discrimination; Prohibitions SB 457 Trade; Rights of Ownership of Works of Fine Art SB 460 Secretary of State; Certain Authorities; Remove From Membership SB 464 Workers' Compensation; Amend Provisions SB 524 Telephone Service; Toll Free Dialing; Certain Intracounty Calls SB 530 Economic Rehabilitation Act; Revise Provisions SB 615 Financial Transaction Card; Fraud; Penalty SB 629 School Bus; Summer Camps; Transportation of Students SB 640 Dist. Attys. Emeritus; Practicing Law; Repeal Cert. Prohibitions SB 641 Search Warrants; Issuance; Requirements
SR 64 Atlanta-Fulton County; Convey Property SR 116 Pub. Off.; Cert. Crimes; Ineligibility to Hold Off.-CA(PP 2-28-90) SR 314 Joint Task Force on Revising Employment Sec. Law; Create SR 442 Columbus-Ft. Benning Economic Impact Study Commission; Create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

WEDNESDAY, FEBRUARY 28, 1990

1961

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 652 Do Pass, by Substitute SB 534 Do Pass, as Amended SB 519 Do Pass, by Substitute

HR 830 Do Pass SR 432 Do Pass

Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Colwell of the 4th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 579 Do Pass SB 707 Do Pass SR 413 Do Pass

SR 427 Do Pass, as Amended SR 443 Do Pass

Respectfully submitted, /s/ Colwell of the 4th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 2002 Do Pass, as Amended HB 2013 Do Pass HB 2014 Do Pass HB 2015 Do Pass HB 2016 Do Pass HB 2017 Do Pass HB 2018 Do Pass HB 2019 Do Pass HB 2020 Do Pass HB 2021 Do Pass
HB 2022 Do Pass
HB 2023 Do Pass
HB 2024 Do Pass
HB 2025 Do Pass
HB 2026 Do Pass
HB 2027 Do Pass

HB 2028 Do Pass HB 2029 Do Pass HB 2030 Do Pass HB 2031 Do Pass HB 2035 Do Pass HB 2036 Do Pass HB 2037 Do Pass
HB 2038 Do Pass HB 2040 Do Pass
HB 2045 Do Pass
HB 2047 Do Pass HB 2048 Do Pass, by Substitute HR 956 Do Pass SB 749 Do Pass, as Amended HB 2039 Do Pass

1962

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lane of the 27th
Chairman

By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 2039. By Representative Carrell of the 65th:
A bill to amend an Act providing for a homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county, so as to change the definition of "homestead"; to increase the homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister YBarfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B
Clark,H
Y Clark,L Coleman Colwell
Y Connell
E Couch Crawford
Crosby Cummings,B Y Cummings,M
Davis.C Y Davis,G Y Davis,M Y Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Good win
Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F Y StanciLS
Stanley
YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,,] Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

Representative Clark of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, FEBRUARY 28, 1990

1963

HB 2002. By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Williams of the 48th, Alford of the 57th and others:
A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to provide for an additional member of the Board of Education of the City of Decatur.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend HB 2002 by striking from lines 20 and 22 of page 1 and line 9 of page 2 the following:
"September",
and inserting in lieu thereof the following: "May".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates
YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Clark.H
Y Clark,L Coleman Colwell
Y Connell
E Couch Crawford Crosby Cummings,B
Y Cummings.M Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee
Good win Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence
Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y WiUiams,B
Williams.J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1964

JOURNAL OF THE HOUSE,

HB 2013.

By Representative Green of the 106th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the compensation of the members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Bainett,B
Barnett,M Y Bates YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick
Y Branch Breedlove Brooks Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark,B Clark,H
Y Clark,L Coleman Colwell
Y Connell E Couch
Crawford Crosby Cummings.B Y Cummings,M Davis,C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D Y Lane.R
Langford Y Lawrence
Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall
Ransom
YRay Y Reaves
Y Redding Y Richardson
Y Ricketson Y Robinson
Y Royal Selman
Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2014.

By Representative Parrish of the 109th:
A bill to amend an Act creating a board of commissioners for Emanuel County, so as to change the compensation of the members and chairman of that board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Alford

Y Alien Y Athon
Y Atkins Y Bailey Y Baker

Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B

Barnett,M Y Bates YBeck Y Benefield
Benn

Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove

WEDNESDAY, FEBRUARY 28, 1990

1965

Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Clark.H Y Clark.L Coleman Colwell Y Connell E Couch Crawford
Crosby Cummings,B Y Cummings.M Davis.C
Y Davis.G Y Davis,M Y Dixon.H Y Diion,S
Y Dobbs Y Dover
Y Dunn

Y Edwards
YEhrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee
Good win
Y Green Y Greene
Gresham Y Griffin
Y Groover
Y Hamilton Manner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson

Y Jenkins
Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y LaneJR
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M
YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall
Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman
Y Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith.T Y Smith,W
Smyre

YSnow
Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2015. By Representative Stancil of the 66th: A bill to amend an Act providing a new charter for the City of Madison, so as to provide for a city manager.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown

YBuck
Y Buford
YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark,B
Clark.H Y Clark,L
Coleman Colwell
Y Connell E Couch
Crawford
Crosby Cummings,B Y Cummings.M
Davis.C Y Davis,G Y Davis.M Y Dixon.H Y Diion,S Y Dobbs

Y Dover
Y Dunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren

Y Hudson Ylrwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D Y Lane.R
Langford Y Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey

McKinney.B Y McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay

1966

JOURNAL OF THE HOUSE,

Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson
Y Royal Selman
Y Simpson Y Sinkfield

Y Smith,L
Y Smith,? Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F
Y Stancil,S Stanley

Y Steele Y Stephens
YStreat YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus

Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall
Y Ware

Y Watson Y Watts
White
Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2016. By Representative Chance of the 129th:
A bill creating a new charter for the Town of Rincon, so as to clarify and redefine the corporate limits of said town.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett.M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Bulbrd
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark.H
Y Clark,L Coleman Colwell
Y Connell
E Couch Crawford Crosby Cummings,B
Y Cummings.M Davis.C
Y Davis.G Y Davis.M Y Dkon.H Y Dixon,S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Good win
Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston YLane.D
YLane.R Langford
Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy McDonald
Y McKelvey

McKinney.B Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr YOrrock Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y WiUiams.B
WUliams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2017. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Tallapoosa, so as to change the corporate limits of the city.

WEDNESDAY, FEBRUARY 28, 1990

1967

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett,M
Y Bates YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Ciark.B
Clark.H Y Clark.L
Coteman Colwell Y Connell E Couch
Crawford Crosby CummingsJB Y Cummings.M Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W
Y Foster YGodbee
Good win Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith.P
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
YSteele Y Stephens Y Streat YTeper
Y Thomas,C Y Thomas,M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y WiUiams,B
Williams.J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2018.

By Representatives Gresham of the 21st, Atkins of the 21st, Howren of the 20th, Ehrhart of the 20th, Clark of the 20th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker

Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates YBeck Y Benefield
Benn

Y Birdsong
Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown
YBuck Y Buford YByrd

Y Campbell
Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childere Y Clark,B
Clark.H Y Clark,L

Coleman Colwell Y Connell E Couch
Crawford
Crosby Cummings3 Y Cummings,M Davis.C Y Davis,G

1968

JOURNAL OF THE HOUSE,

Y Davis,M
Y Dkon.H Y Dixon,S YDobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty Y Heard Y Herbert

Y Holcomb
Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Under YLong
YLord Y Lucas

Y Lupton
Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C
Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston

YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Sebnan
Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele

Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2019.

By Representatives Ray of the 98th and Jenkins of the 80th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck
Y Buford YByrd

Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B
Clark.H Y Clark.L
Coleman Colwell Y Connell
E Couch Crawford Crosby Cummings.B
Y Cummings,M
Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M
Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones

Y Kilgore
Y Kingston YLane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr

Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter
Y Poston Y Powell
YRandall Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson
Y Royal Sehnan
Y Simpson Y Sinkfield
Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow

WEDNESDAY, FEBRUARY 28, 1990

1969

Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Streat

YTeper
Y Thomas.C
Y Thomas.M Y Thompson E Thurmond Y Titus

Y Tolbert Y Townsend
Y Vaughan Y Waddle
Walker.C

Y Walker.L Y Wall Y Ware
Y Watson Y Watts
White

Y Wilder Y Williams,B
Williams,J
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2020.

By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for councilmen election posts and for designations relating to such posts and the office of mayor; to provide for the manner of electing members of the city council and provide for terms and election dates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Clark.H Y Clark,L
Coleman Colwell Y Connell
E Couch Crawford
Crosby Cummings.B Y Cummings,M
Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Goodwin
Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith.L
Y Smith.P Y Smith,T Y Smith.W
Smyre YSnow
Y Stancil,F Y StanciLS
Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J YYates Y Yeargin
Murphy .Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2021.

By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to change the compensation provisions relating to the chairman and other members of the board.

1970

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Balkcom
Y Bannister
Y Barfoot
Y Bargeron
Y Barnett,B
Barnett,M
Y Bates
YBeck
Y Benefield
Benn
Y Birdsong
Y Bishop
Y Bostick
Y Branch Breedlove Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B
Clark,H
Y Clark.L Coleman Colwell
Y Connell E Couch
Crawford Crosby Cummings,B Y Cummings,M Davis.C Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Goodwin
Y Green
Y Greene
Gresham
Y Griffin
Y Groover
Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D YLane.R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandaU
Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith.P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs YVaughan Y Waddle
Walker.C Y Walker.L YWall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,.)
YYates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2022.

By Representative Oliver of the 121st:
A bill to amend an Act creating a board of commissioners for Tattnall County, so as to change certain provisions relating to compensation of the chairman and members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot

Y Bargeron
Y Barnett,B
Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch Breedlove Brooks

Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark,B
Clark,H

Y Clark,L Coleman Colwell
Y Connell E Couch
Crawford Crosby Cummings,B Y Cummings,M Davis.C
Y Davis,G Y Davis,M Y Diion.H

Y Dixon.S
Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee
Goodwin

WEDNESDAY, FEBRUARY 28, 1990

1971

Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins

Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong
YLord Y Lucas Y Lupton
Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows

Y Milam
Y Mobley
Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YKandall
Hansom

YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Y Smith,T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat YTeper

Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall YWare Y Watson Y Watts
White Y Wilder Y William8,B
Williams,,! Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2023.

By Representatives Alford of the 57th, Athon of the 57th, Teper of the 46th, Baker of the 51st, Mangum of the 57th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett,M
Y Bates YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks
Y Childers Y Clark.B
Clark.H Y Clark.L
Coleman Colwell Y Connell E Couch Crawford Crosby Cummings.B Y Cummings.M Davis.C
Y Davis,G Y Davis.M Y Diion.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Good win Y Green

Y Greene Gresham
Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
YLane.R Langford
Y Lawrence Y Lawson YLee Y Under

YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Y Orrock
Y Padgett Y Pannell Y Parham YParrish
Y Patten Y Pettit
Y Pinkston
YPoag Y Porter Y Poston Y Powell

YRandall Ransom
YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith/I Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Y Thompson
E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs

1972

JOURNAL OF THE HOUSE,

Y Vaughan Y Waddle
Walker.C

Y Walker.L Y Wall Y Ware

Y Watson Y Watts
White

Y Wilder Y Williams,B
Williams,J

Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2024.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the probate court; to provide for a cost-of-living adjustment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett,M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B
Clark.H
Y Clark,L Coleman Colwell
Y Connell
E Couch Crawford
Crosby Cummings.B Y Cummings,M Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Good win Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M
Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2025.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing for the compensation of the chief magistrate of the Magistrate Court of Bartow County, so as to change the compensation of the chief magistrate; to provide for a cost-of-living adjustment.

WEDNESDAY, FEBRUARY 28, 1990

1973

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Clark.H Y Clark,L
Coleman Colwell Y Connell E Couch Crawford Crosby Cummings.B Y Cummings,M Davis.C Y Davis.G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Good win Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Manner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YKandall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas,M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2026.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner; to provide for a costof-living adjustment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B
Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch

Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B
Clark.H Y Clark.L
Coleman Colwell Y Connell E Couch Crawford Crosby Cummings,B Y Cummings,M

Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel

1974

JOURNAL OF THE HOUSE,

Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson

Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell

YRandall
Ransom
YRay Y Reaves
Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y StanciLS
Stanley Y Steele Y Stephens Y Streat

YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williama.J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2027. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner; to provide for a cost-of-living adjustment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford
YByrd Y Campbell

Y Carrell
Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B
Clark.H
Y Clark.L Coleman Colwell
Y Connell E Couch
Crawford Crosby Cummings.B Y Cummings.M Davis.C Y Davis.G
Y Davis,M Y Dixon.H Y Diion,S
Y Dobbs Y Dover Y Dunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W

Y Foster
Y Godbee Goodwin
Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D

Y Lane,R Langford
Y Lawrence
Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham

Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall
Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith.T Y Smith.W
Smyre
YSnow Y Stancil,F Y StanciLS
Stanley YSteele
Y Stephens

Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson

WEDNESDAY, FEBRUARY 28, 1990

E Thurmond Y Titus
Y Tolbert
Y Townsend Twiggs

Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall

Y Ware Y Watson Y Watts
White
Y Wilder

1975
Y Williams,B Williams.J
Y Yates Y Yeargin
Murphy .Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2028. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk and deputy clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett,M Y Bates YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Clark.H
Y Clark,L Coleman Colwell
Y Connell E Couch
Crawford Crosby Cummings.B Y Cummings.M Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMeCoy
McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith,P
Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson E Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,,!
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1976

JOURNAL OF THE HOUSE,

HB 2029.

By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A bill to provide that Houston County may receive the proceeds of the special county 1 percent sales and use tax provided for in Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, without such receipt resulting in a corresponding limitation of its ad valorem taxing powers, as would otherwise result from the operation of that constitutional amendment limiting the ad valorem taxing powers of Houston County and the Houston County School District.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett.M
Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Clark.H Y Clark,L
Coleman Colwell Y Connell
E Couch Crawford
Crosby Cummings,B Y Cummings,M Davis.C Y Davis.G
Y Davis.M Y Dkon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee
Goodwin Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Isakson
Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawsort YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter YPoston
Y Powell YRandaU
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Selman
Y Simpson Y Sinkfield

Y Smith,L Y Smith.P
Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil,S
Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2030.

By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Ehrhart of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 28, 1990

1977

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark.B
Clark.H Y Clark,L
Coleman Colwell Y Connell E Couch Crawford Crosby
Cummings,B Y Cummings,M
Davis.C Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster
YGodbee
Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson
Ylrwin
Isakson
Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D
YLane.R Langford
Y Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton
Y Mangum
Y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y MueUer
Y Oliver.C Y Oliver.M
YOrr
Y Orrock
Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell YRandaU
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketeon Y Robinson Y Royal
Selman
Y Simpson
Y Sinkfield

Y Smith,L
Y Smith.P
Y Smith.T
Y Smith,W Smyre
Y Snow Y Stancil,F
Y Stancil,S Stanley
YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Y Thompson
E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,,)
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2031. By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to create the Camden County Public Service Authority; to provide a short title.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett,M Y Bates YBeck

Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark,H
Y Clark.L Coleman Colwell
Y Connell E Couch
Crawford
Crosby Cummings,B Y Cummings,M Davis.C
Y Davis.G Y Davis.M
Y Dixon,H Y Dixon,S Y Dobbs

Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones

1978

JOURNAL OF THE HOUSE,

Y Kilgore Y Kingston YLane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody
Y Mortal Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Y Orrock Y Padgett Y PanneU YParham
Y Parrish Y Patten

Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay
Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat YTeper
Y Thomas.C Y Thomas,M Y Thompson E Thurmond Y Titus

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was

Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams3
WUliams,J
Y Yates Y Yeargin
Murphy,Spkr

HB 2035.

By Representatives Yates of the 75th and Adams of the 79th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the expense allowance of the chairman and members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Barnett.M
Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Y Branch Breedlove Brooks Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B Clark,H
Y Clark.L Coleman
Colwell Y Connell E Couch
Crawford Crosby Cummings,B Y Cummings.M Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S
YDobbs Y Dover
YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morion Y Moultrie Y MueUer Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y PanneU YParham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Y Poston Y Powell YRandaU
Ransom
YRay
Y Reaves Y Redding Y Richardson Y Ricketeon Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

On the passage of the Bill, the ayes were 146, nays 0.

Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Street YTeper Y Thomas.C Y Thomas,M
Y Thompson
E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

WEDNESDAY, FEBRUARY 28, 1990

1979

The Bill, having received the requisite constitutional majority, was passed.

HB 2036.

By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Walker of the 85th, Ransom of the 90th and others:
A bill to amend an Act providing a charter for the City of Augusta, so as to provide for intent; to reduce the period within which candidates shall be required to file notice of candidacy and otherwise qualify to run for the office of mayor or the office of councilmember of the city council of Augusta.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett,M Y Bates YBeck Y Benefield
Benn
Y Birdsong
Y Bishop
Y Bostick
Y Branch
Breedlove
Brooks
Brown
YBuck
Y Buford
YByrd
Y Campbell
Y Carrel!
Y Carter
Y Chambless
Y Chance
Y Cheeks

Y Childers Y Clark,B
Clark.H Y Clark,L
Coleman Colwell Y Connell E Couch Crawford Crosby Cummings,B Y Cummings.M Davis.C Y Davis,G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Hanner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandaU
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Sehnan Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson E Thunnond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y WaU YWare Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2037.

By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, so as to change the provisions relating to special assessments for certain improvements and provide for liens therefor and enforcement thereof.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

1980

JOURNAL OF THE HOUSE,

Y Aaron
Abernathy
Y Adams
Aiken Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates YBeck
Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B Clark.H
Y Clark.L Coleman Colwell
Y Connell
E Couch Crawford Crosby Cummings.B
Y Cummings,M Davis.C
Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd.J.W Y Foster
YGodbee Goodwin
Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston
Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody
YMorton Y Moultrie Y MueUer Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow
Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas.M Y Thompson E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,,! Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2038.

By Representatives Goodwin of the 63rd, Wall of the 61st, Orr of the 9th, Lawson of the 9th and Mobley of the 64th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, so as to provide for compensation supplements of certain senior judges serving as judges of the Gwinnett Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Earned,B
Barnett.M Y Bates YBeck

Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark,H
Y Clark.L Coleman Colwell
Y Connell
E Couch Crawford
Crosby Cummings,B Y Cummings.M
Davis.C Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs

Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y JacksonJ Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones

WEDNESDAY, FEBRUARY 28, 1990

1981

Y Kilgore Y Kingston Y Lane.D
Y Lane.R Langford
Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy
McDonald
Y McKelvey

McKinney.B
Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten

Y Pettit Y Pinkston YPoag
Y Porter
Y Poston
Y Powell YRandall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith.W
Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Y Thompson
E Thurmond
Y Titus

Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall YWare
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2040.

By Representatives Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd, Johnson of the 123rd and Kingston of the 125th:
A bill to amend an Act to provide for the payment to the district attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the district attorney from the State of Georgia, so as to change the amount of such supplement.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Alford
Y Alien
Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Clark,H
Y Clark.L Coleman Colwell
Y Connell E Couch
Crawford Crosby Cummings,B Y Cummings,M Davis,C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Goodwin
Y Green Y Greene
Gresham
Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M
YOrr
Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith,P
Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley YSteele Y Stephens Y Streat YTeper
Y Thomas,C Y Thomas.M
Y Thompson
E Thurmond Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williams,B
Wiffiams,J Y Yates Y Yeargin
Murphy,Spkr

1982

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2045. By Representative Ray of the 98th:
A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exercise all redevelopment and other powers authorized or granted counties pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates YBeck
Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove
Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark.H
Y Clark,L Coleman Colwell
Y Connell E Couch
Crawford Crosby Cummings.B Y Cummings.M Davis.C Y Davis.G Y Davis,M Y Dixon.H
Y Dixon.S Y Dobbs
Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D YLane.R
Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham
YParrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter YPoston
Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley
YSteele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson E Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall
Y Ware Y Watson Y Watts
White
Y Wilder Y William8,B
Williams,,!
Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2047.

By Representative Ricketson of the 82nd:
A bill to amend an Act providing for the election of the members of the board of education of Wilkes County, so as to change the provisions relating to the election and terms of members of said board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, FEBRUARY 28, 1990

1983

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abemathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childera Y Clark.B
Clark.H Y Clark.L
Coleman Colwell Y Connell E Couch Crawford Crosby Cummings.B Y Cummings,M Davis.C Y Davis,G Y Davis,M Y Dbton.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Good win Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Manner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackaon.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D YLane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin . YMcCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J YYates YYeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2048. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing a new charter for the City of Folkston in Charlton County, approved April 11, 1979 (Ga. L. 1979, p. 4390), as amended, particularly by an Act approved March 13, 1989 (Ga. L. 1989, p. 3625), so as to change the corporate limits of the city; to provide for related matters; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the City of Folkston in Charlton County, approved April 11, 1979 (Ga. L. 1979, p. 4390), as amended, particularly by an Act approved March 13, 1989 (Ga. L. 1989, p. 3625), is amended by adding at the end of Section 1.11 the following:
"The corporate limits of the City of Folkston shall include the following parcel of land:
All that tract or parcel of land lying and being in Charlton County, Georgia, and bounded as follows: Beginning at a point where the City Limits of the City of

1984

JOURNAL OF THE HOUSE,

Folkston intersect with the City Limits of the City of Homeland approximately 1,280 feet South of Bowery Lane on the East side of U.S. Highways 1 and 301 and following the City Limits of the City of Homeland a distance of 1,452 feet, more or less, to a point where it intersects with the center of the right of way of Bowery Lane, thence N 8145' E a distance of 1,610 feet, more or less, to a point in the center of the right of way of Bowery Lane, thence N 115' E a distance of 970 feet, more or less, to a point on the North side of a County Graded Road. Thence running in a Northeasterly direction along the property line on the North side of road N 33 15' E across Old Humphreys Mining site for a distance of 4,633 feet, more or less, to a point in the center of the right of way of Ga. Highway 252. Thence running Southwest down the center of the right of way of Highway 252 S 2030' W for a distance of 3,189 feet, more or less, to a point in the center of Highway 252. Thence turning East down graded road S 79 30' E along the back side of the tract of land known as Spring Lake Plantation for a distance of 5,379 feet, more or less, to a point in the center of the run of Cooner Branch, thence running South down the center of the run of Cooner Branch crossing Highway 40 for a distance of 7,953 feet, more or less, to a point on the North side of Ga. 500 KV power line right of way, thence turning Southwest and running down the North edge of power line S 2030' W for a distance of 2,990 feet, more or less, thence S 5530' W for a distance of 11,662 feet, more or less, to a point on the East side of the right of way of U.S. Highway 301, thence turning North down the Easterly right of way line N 1830" W for a distance of 5,120 feet, more or less, intersecting with the City Limits of the City of Folkston on the East side of the right of way line of U.S. Highway 301."
Section 2. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Charlton County shall call and conduct an election for the purpose of submitting this Act to the electors of Charlton County residing within the area proposed for annexation for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Charlton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which annexes territory to the corporate limits ( ) NO of the City of Folkston?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne by Charlton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Alford Y Alien Y Athon Y Atkins

Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Barnett.M

Y Bates Y Beck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch

Breedlove Brooks Brown Y Buck
Y Buford Y Byrd Y Campbell Y Carrell

Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B
Clark.H Y Clark.L

WEDNESDAY, FEBRUARY 28, 1990

1985

Coleman Colwell Y Connell E Couch
Crawford Crosby Cummings,B
Y Cummings.M Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dimn,S Y Dobbs Y Dover
Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green Y Greene
Gresham

Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane.R
Langford
Y Lawrence

Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr
Y Orrock
Y Padgett Y Pannell YParham

Y Parrish Y Patten Y Pettit
Y Pinkston YPoag
Y Porter YPoston Y Powell YRandall
Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson
Y Royal Selman
Y Simpson Y Sinkfield Y Smith,L
Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F
Y Stancil.S

Stanley Y Steele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 956. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Vaughan of the 20th, Aiken of the 21st and others:
A resolution creating the Cobb County Legal Costs and Public Officers' Independent Counsel Study Commission.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks

Brown
YBuck Y Buford
YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H Y Clark,L
Coleman Colwell Y Connell
E Couch Crawford Crosby Cummings.B
Y Cummings,M Davis.C
Y Davis.G Y Davis.M Y Dison.H

Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland

Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum

Y Martin
Y McCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter

1986

JOURNAL OF THE HOUSE,

YPoston
Y Powell YRandall
Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson

Y Royal
Selman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Smyre
YSnow

Y Stancil,F
Y Stancil,S Stanley
YSteele Y Stephens Y Streat
YTeper Y Thomas.C Y Thomas.M Y Thompson

E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall

Y Ware
Y Watson Y Watts
White Y Wilder
Y Williams,B Williams,J
YYates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 749. By Senators Scott of the 2nd and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for cost-of-living increases.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 749 by striking from line 7 of page 2 the figure "45,000.00 and inserting in lieu thereof the figure 47,250.00".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
YBarfoot Y Bargeron Y Bamett.B
Barnett,M
Y Bates
YBeck Y Benefleld
Benn Y Birdsong
Y Bishop Y Bostick Y Branch
Breedlove
Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Clark.H
Y Clark.L Coleman Colwell
Y Connell E Couch
Crawford Crosby Cummings.B Y Cummings,M Davis.C Y Davis.G Y Davis,M Y Diion.H
Y Dixon,S YDobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Good win Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence
Y Lawson
YLee Y Under
YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney.B
Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
YRandall Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow
Y Stancil.F Y Stancil.S
Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Y Thompson E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White
Y Wilder Y Williams,B
Williams.J YYates Y Yeargin
Murphy .Spkr

WEDNESDAY, FEBRUARY 28, 1990

1987

On the passage of the Bill, as amended, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

HB 222. By Representatives Clark of the 20th, Randall of the 101st, Howren of the 20th, Atkins of the 21st, Isakson of the 21st and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of "referee" to "juvenile court magistrate" and designations of "traffic referee" to "juvenile court traffic magistrate"; to provide for additional orders of disposition for delinquent children.

HB 452. By Representatives Hamilton of the 124th, Holcomb of the 72nd, Herbert of the 76th, Hasty of the 8th, Dover of the llth and others:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the employee benefit plan council, so as to change certain definitions; to provide for certain rule-making authority of such council; to provide that public school teachers and public school employees shall be eligible for participation in such flexible employee benefit plan.

HB 539. By Representative Holmes of the 28th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that certain employees and former employees of county departments of family and children services shall have the option to obtain creditable service under the Employees' Retirement System of Georgia.

HB 769. By Representative Edwards of the 112th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, and entities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of said retirement system.

HB 1151.

By Representative Watson of the 114th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers and motor contract carriers and to determine if such motor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drug laws.

1988

JOURNAL OF THE HOUSE,

HB 1252. By Representatives Barnett of the 10th, Coleman of the 118th, Pannell of the 122nd, Snow of the 1st, Holmes of the 28th and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for jeopardy assessments in certain cases involving the possession, sale, or distribution of marijuana or other controlled substances.

HB 1261.

By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.

HB 1372.

By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to delete the provisions of Code Section 27-4-10 which provide for a creel and possession limit for red drum; to delete the provisions of Code Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout.

HB 1373.

By Representatives Balkcom of the 140th and Meadows of the 91st:
A bill to amend Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, so as to provide that the commissioner of natural resources may authorize conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision of this state in the prevention or detection of violations of any law or in the apprehension or arrest of criminals.

HB 1408. By Representative Lane of the 27th:
A bill to amend Code Section 43-41-20 of the Official Code of Georgia Annotated, relating to the date of termination of the State Board of Recreation Examiners, so as to change such date of termination.

HB 1421.

By Representatives Dover of the llth, Murphy of the 18th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund.

HB 1422.

By Representatives Kilgore of the 42nd, Watson of the 114th and Pettit of the 19th:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to authorize the governing authority of any local government which operates or which contracts for the operation of an emergency "911" system to impose a monthly "911" charge upon each exchange access facility subscribed to by telephone subscribers under certain circumstances and conditions.

WEDNESDAY, FEBRUARY 28, 1990

1989

HB 1443.

By Representative Walker of the 115th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that the clerks of the county governing authority shall attend and complete a training seminar; to provide that the county governing authority shall pay the fees of the seminar.

HB 1459.

By Representatives Pettit of the 19th, Mobley of the 64th, Thomas of the 69th, Morton of the 47th, Abernathy of the 39th and others:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973," so as to change the provisions relating to the definition of certain terms; to provide for the designation and additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sale of certain low priced designated securities; to provide for additional training for certain designated salesmen.

HB 1465. By Representatives Jamieson of the llth, Reaves of the 147th, Royal of the 144th, Porter of the 119th, Parham of the 105th and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that elected soil and water conservation district supervisors shall not be required to file campaign contribution disclosure reports.

HB 1493.

By Representatives Lord of the 107th, Branch of the 137th, Barfoot of the 120th, Irwin of the 13th, McCoy of the 1st and others:
A bill to amend Code Section 48-5-48.3 of the Official Code of Georgia Annotated, relating to a homestead exemption for disabled veterans, so as to provide that such exemption shall be extended to the veteran's unremarried surviving spouse and minor children.

HB 1548.

By Representative Hanner of the 131st:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the "Development Authorities Law," so as to provide for the disposition of property of certain development authorities created prior to July 1, 1983, by constitutional amendment and which were dissolved by operation of law pursuant to a certain provision of the Constitution.

HB 1597. By Representatives Thomas of the 69th, Pettit of the 19th, Baker of the 51st and Lawrence of the 49th:
A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to provide for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property.

HB 1644.

By Representatives Murphy of the 18th and Watson of the 114th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, so as to provide for a one-time fee for licenses or permits.

1990

JOURNAL OF THE HOUSE,

HB 1696.

By Representatives Murphy of the 18th and Beck of the 148th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to provide for an Indigent Care Trust Fund; to provide for authority; to provide for credits to an investments of trust fund moneys; to authorize contribution to the trust fund and the conditions thereof.

SB 752. By Senator Fincher of the 54th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.

HB 1113.

By Representative Colwell of the 4th:
A bill to amend an Act creating the office of commissioner of Union County, so as to change the provisions relating to the compensation of the commissioner.

HB 1857.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act placing the coroner of Catoosa County on an annual salary, so as to provide that the compensation of the coroner and any staff of the coroner shall be set by the commissioner of Catoosa County.

HB 1871. By Representatives Powell of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the corporate limits of said city.

HB 1882.

By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner of Fayette County.

HB 1884.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County.

HB 1885.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the Probate Court of Fayette County.

HB 1886.

By Representative Crosby of the 150th:
A bill to amend an Act creating a board of commissioners of Clinch County, so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman; to change the limits within which the board may fix the salaries of members of the board.

WEDNESDAY, FEBRUARY 28, 1990

1991

HB 1887. By Representative Crosby of the 150th:
A bill to amend an Act creating the office of commissioner of road and revenues in the County of Atkinson, so as to change the compensation of the chairman and members of the board of commissioners.

HB 1891. By Representative Breedlove of the 60th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.

HB 1892. By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and Cheeks of the 89th:
A bill to amend an Act relating to the Civil Court of Richmond County, so as to change the maximum civil jurisdictional amount of the court.

HB 1898. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Good Hope.

HB 1901.

By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the Board of Commissioners of Carroll County, so as to change the provisions relating to the expense allowance of the chairman and other members of the board of commissioners.

HB 1903.

By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Howren of the 20th, Ehrhart of the 20th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

HB 1905.

By Representative Stancil of the 66th:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the compensation and expenses of the chairman, vice-chairman, and members of the board.

HB 1908. By Representatives Isakson of the 21st, Clark of the 20th, Gresham of the 21st, Wilder of the 21st, Aiken of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

HB 1909.

By Representatives Isakson of the 21st, Aiken of the 21st, Atkins of the 21st, Clark of the 20th, Wilder of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

HB 1910.

By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A bill to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof.

1992

JOURNAL OF THE HOUSE,

HB 1918. By Representative Barnett of the 10th:
A bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or disabled.

HB 1919. By Representative Birdsong of the 104th:
A bill to create the Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority.

HB 1920. By Representatives Ehrhart of the 20th, Clark of the 20th, Wilder of the 21st, Thompson of the 20th, Gresham of the 21st and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the number of assistant district attorneys and investigators to be appointed in said circuit and to change the compensation of the chief investigator and the investigators.

HB 1921.

By Representative Branch of the 137th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners.

HB 1923. By Representative Oliver of the 121st:
A bill to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of the city.

HB 1928.

By Representative Bannister of the 62nd:
A bill to provide a homestead exemption from all City of Lilburn ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $5,000.00 of the assessed value of the homestead for certain residents of the City of Lilburn and in the amount of $10,000.00 of the assessed value of the homestead for certain other residents of the City of Lilburn who are 65 years of age or over or who are disabled.

HB 1931. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide that future school superintendents of the Henry County School District shall be appointed by the board of education rather than elected.

HB 1932.

By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, so as to change the compensation of the members of the board of commissioners other than the chairman.

HB 1934.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to provide for the election of future members of the board of education of the Henry County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated.

WEDNESDAY, FEBRUARY 28, 1990

1993

HB 1935.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to authorize the governing authority of Henry County to implement and to exercise the powers conferred by Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the authority to require telephone companies to divide maintenance fees for the operation of enhanced emergency telephone number "911" systems among subscribers.

HB 1936.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act incorporating the City of McDonough, so as to change certain provisions regarding punishment and sentencing by the municipal court.

HB 1947.

By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act changing the composition and providing for the election of the Board of Education of Appling County, so as to provide for staggered terms of office of members of the board.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1185.

By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug offense.

HB 1200.

By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of possession of a controlled substance or marijuana; to provide for reporting of suspensions to the Department of Public Safety.

HB 1442. By Representative Walker of the 115th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the "Georgia County Leadership Act".

HB 1463. By Representative Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "investment adviser"; to provide that a person shall not hold himself out as an investment adviser or financial planner unless such person is registered as such under this chapter.
HB 1639. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Employees Benefit System to the Georgia Municipal Employees Benefit System.

1994

JOURNAL OF THE HOUSE,

HB 1883. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.

The Senate has passed, as amended, by the requsite constitutional majority the following Bills of the House:

HB 560. By Representatives Hamilton of the 124th, Childers of the 15th, Richardson of the 52nd, Oliver of the 53rd and Connell of the 87th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances.

HB 796. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the imposition of development impact fees by municipal and county governments; to provide legislative intent; to provide definitions; to provide procedures for the adoption and implementation of such fees; to provide for credits and refunds.

HB 1555. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:

HR 729. By Representatives Bates of the 141st and Long of the 142nd:
A resolution authorizing the conveyance of certain state owned real property located in Decatur County, Georgia, to Decatur County and the acceptance of certain real property owned by Decatur County located in Decatur County, Georgia, in consideration therefor.

HR 778. By Representatives Edwards of the 112th, Dobbs of the 74th, Hooks of the 116th and Adams of the 79th:
A resolution creating the Joint Study Committee on Hazardous Waste Management.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

WEDNESDAY, FEBRUARY 28, 1990

1995

HB 628. By Representatives Mangum of the 57th and Moore of the 139th:
A bill to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Youth Conservation Corps Act"; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change references to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education.

The Senate has passed by the requisite constitutional majority the following Bill of the House:

HB 1095.

By Representatives Moore of the 139th, Jamieson of the llth, Parham of the 105th and Parrish of the 109th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to the service retirement allowance and calculation of retirement benefits or allowances under the Employees' Retirement System of Georgia, so as to change the retirement allowance.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 752. By Senator Fincher of the 54th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on Industry and referred to the Committee on Natural Resources:

SR 432. By Senator English of the 21st:
A resolution providing that the Department of Natural Resources should not promulgate certain requirements applicable to gasoline service stations until such time as amendments to the Federal Clean Air Act have been finalized by Congress; to provide an effective date.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the
third time:

SR 442. By Senators Parker of the 15th and Land of the 16th
A RESOLUTION
Creating the Columbus-Fort Benning Economic Impact Study Commission; and for other purposes.
WHEREAS, the President of the United States, Congress, and military advisors have concluded from the political changes taking place in Eastern Europe that the size of the United States military forces can be reduced without sacrificing the national security; and

1996

JOURNAL OF THE HOUSE,

WHEREAS, Fort Benning, Georgia, home of the United States Infantry Center and the School of the Americas, plays a vital role in training infantry forces; and
WHEREAS, any reduction in the number of personnel and budgetary expenditures at Fort Benning, Georgia, will have an adverse impact on the Columbus, Georgia, community; and
WHEREAS, the communities of Columbus, Georgia, and Fort Benning, Georgia, have shared a long and rich history of social and economic relations; and
WHEREAS, the members of the Muscogee County Legislative Delegation and the Georgia General Assembly recognize a crucial need to provide leadership in organizing a coordinated effort to prevent a reduction of personnel and budgetary expenditures at Fort Benning and plan for any adverse economic impact that such potential reductions would make on the Columbus community.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Columbus-Fort Benning Economic Impact Study Commission is created. The commission shall be composed of 14 members as follows:
(1) Two members of the Senate whose senatorial district includes a portion of Muscogee County appointed by the President of the Senate;
(2) Two members of the House of Representatives whose representative districts include a portion of Muscogee County appointed by the Speaker of the House of Representatives;
(3) Chairman of the Columbus Chamber of Commerce; (4) President of Columbus College; (5) Superintendent of the Muscogee County School District; (6) Mayor of the City of Columbus; (7) Two members of the Columbus City Council appointed by the mayor; (8) Two business people selected by the chairman of the chamber of commerce; and (9) Two members of the Columbus-Fort Benning Chapter of the Association of U. S. Army appointed by the president of the association.
BE IT FURTHER RESOLVED that all members of the commission shall be elected or appointed by May 1, 1990. The organizational meeting of the commission shall be held at the call of the members who serve in the General Assembly. At the organizational meeting the commission shall elect from its own membership a chairman and such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet at such times and places as may be necessary to carry out its duties.
BE IT FURTHER RESOLVED that the commission shall make a systematic study of the impact a reduction in the military operations of Fort Benning as proposed by the United States Department of Defense would have on the Columbus area economy if such reductions are adopted by Congress. The commission shall examine public and private actions which might lessen the severity of the proposed military reductions on the lives of the citizens directly affected by the proposal as well as on the community as a whole.
BE IT FURTHER RESOLVED that the commission shall make a report of its findings and recommendations to the Columbus City Council on or before December 1, 1992, and shall stand abolished on December 31, 1992.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

WEDNESDAY, FEBRUARY 28, 1990

1997

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams N Aiken
Alford Alien Y Athon Y Atkins Y Bailey Baker Y Balkcom Bannister Y Barfoot Y Bargeron Barnett,B Barnett.M Y Bates YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark,H Y Clark,L
Coleman Colwell Y Connell K Couch Y Crawford Crosby Y Cummings,B Cummings,M
Y Davis.C Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody
YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre YSnow Y Stancil,F
Stancil,S
Stanley Y Steele
Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson E Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Walker,L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams,J Y Yates Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 148, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

SB 615. By Senators Turner of the 8th and McKenzie of the 14th:
A bill to amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, so as to define a certain term; to provide an editorial change; to further define the offense of financial transaction card fraud; to provide for penalties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot

Y Bargeron
Barnett,B Barnett,M Y Bates
YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks

Y Brown Y Buck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark,B Y Clark.H

Clark.L Coleman Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis.G Y Davis,M Y Diion,H

Y Diion,S Y Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee
Goodwin

1998

JOURNAL OF THE HOUSE,

Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Ylrwin
YIsakson Y Jackson,J Y Jackson.W Y Jamieson
Jenkins

Y Johnson
Y Jones
Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence YLawson YLee Y Under YLong
YLord Lucas
Y Lupton Y Mangum Y Martin
YMcCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows

YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett
Pannell YParham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell YRandall Y Ransom

YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Y Smith,T Y Smith.W
Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
YSteele Stephens
Y Streat YTeper

Y Thomas,C
Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L
YWall Ware
Y Watson
Y Watts Y White
Wilder
Y Williams,B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 1634.

By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th, Lawrence of the 49th, Richardson of the 52nd and others:
A bill to provide for the determination of the millage rate by the governing authorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 530. By Senator Kennedy of the 4th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise Chapter 8 of said title, known as "The Economic Rehabilitation Act of 1975"; to change the provisions relating to the purpose of the chapter; to change certain definitions and delete other definitions; to change the provisions relating to administration of such chapter.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams

Y Aiken Y Alford
Alien

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Barnett,B

WEDNESDAY, FEBRUARY 28, 1990

1999

Barnett.M Y Bates
Beck
Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M

Y Davis.C
Y Davis.G Y Davis.M
Y Dkon.H Y Dkon,S Y Dobbs Y Dover
Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren

Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston YLane.D YLane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
Lord
Lucas Y Lupton
Martgum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody

Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell
YParham Y Fairish Y Patten Y Pettit Y Pinkston YPoag Y Porter
YPoston Y Powell YRandall
Ransom YRay
Y Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield
Smith.L Y Smith,P Y Smith.T

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil.S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson E Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,,!
Y Yates Y Yeargin
Murphy ,Spkr

Representative Dunn of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 629. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational activities if school systems are reimbursed in full from sources other than public school funds.

The following Committee substitute was read:

A BILL
To amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational or educational activities if school systems are reimbursed in full from sources other than public school funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, is amended by adding at the end thereof a new Code Section 20-2-1075 to read as follows:

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JOURNAL OF THE HOUSE,

"20-2-1075. Notwithstanding any other provisions of law to the contrary, including Code Sections 20-2-188 and 20-2-411, county and independent school systems may use school buses to provide transportation to students to attend summer camps or to participate in other recreational or educational activities if the cost of such transportation and of any additional insurance costs deemed reasonably necessary by the school system are reimbursed in full from public or private funds other than public school funds."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representative Holcomb of the 72nd moves to amend the Committee substitute to SB 629 as follows:
By adding on lines 5 and 18 after "students", "and others".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot
Bargeron
Barnett.B Barnett.M
Y Bates YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch
Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrel) Y Carter
Chambless Chance Y Cheeks

Y Childers Y Clark.B
Y Clark.H Y Clark,L
Coleman Y Colwell Y Connell E Couch Y Crawtord
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton
Mangum Y Martin
McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Mortal Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele
Stephens Y Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Watson Y Watts Y White Y Wilder Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

WEDNESDAY, FEBRUARY 28, 1990

2001

Representative Stephens of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for appropriate usage rates for high volume customers; to provide for toll free calls between telephones of different telephone companies operating in the same county; to provide for the amendment of the existing rate schedules; to provide for rate schedule criteria; to provide for distribution of costs and rate schedule modification; to provide that no plan shall require any telephone company to pay the revenues lost or expenses incurred by another telephone company to implement the plan except under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, is amended by adding a new Code section immediately following Code Section 46-2-25, to be designated Code Section 46-2-25.1, to read as follows:
"46-2-25.1. (a) Except as provided in subsection (b) of this Code section, on and after July 1, 1990, the commission shall not approve any rate schedule which authorizes a telephone company subject to its jurisdiction to charge a toll for calls between two phones within the same county; provided, however, that the commission shall authorize provision for appropriate usage rates for high volume customers. Where two or more telephone companies operate in the same county, each company shall provide toll free service for calls to and from phones within the area served by the other company or companies in the county. Rate schedules approved prior to July 1, 1990, shall be amended to comply with this Code section by not later than July 1, 1991.
(b) All rate schedules approved pursuant to this Code section may be modified at the discretion of the commission upon a good and sufficient showing of geographic infeasibility by a telephone company.
(c) All rate schedules approved pursuant to this Code section shall take into account the following:
(1) The reasonable cost of providing such service to customers of the telephone company throughout the entire service area of such telephone company;
(2) The average annual contributions made by such telephone company to the intra-LATA toll pool; and
(3) The reasonable rate of return on investment authorized in the rate schedule approved by the commission for such telephone company. (d) The commission shall, on or before December 31, 1990, implement a plan whereby all telephone companies subject to its jurisdiction will provide to each telephone subscriber, in addition to its present service arrangements and the intracounty

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JOURNAL OF THE HOUSE,

service mandated under the provisions of this Code section, expanded community of interest toll free calling beyond county boundary lines and/or a reduction in intra-LATA toll rates to a level comparable to present inter-LATA toll rates.
(e) No plan shall require any telephone company to pay the revenues lost or expenses incurred by another telephone company to implement this plan, except as mutually agreed upon by the telephone companies and the Public Service Commission in order to maintain reasonable rates for the telephone subscribers. Only companies which prove their financial hardship to the Public Service Commission shall be eligible for sharing of their expenses or lost revenues."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Pettit of the 19th moves to amend the Committee substitute to SB 524 as follows:
By adding the words "and make optional" after the word "authorize" on line 4 page

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Aaron N Abernathy N Adams N Aiken N Alford
N Alien Y Athon N Atkins N Bailey N Baker N Balkcom
N Bannister N Barfoot N Bargeron N Bamett,B N Barnett,M N Bates NBeck N Benefield
Benn N Birdsong N Bishop Y Bostick N Branch N Breedlove N Brooks N Brown NBuck N Buford
NByrd N Campbell N Carrell
N Carter Y Chambless Y Chance
N Cheeks

Y Childers Clark,B Clark.H
N Clark,L N Coleman Y Colwell Y Connell E Couch N Crawford N Crosby N Cummings,B
Y Cummings,M N Davis.C N Davis,G Y Davis.M N Dixon,H Y Diion.S N Dobbs Y Dover
Dunn N Edwards N Ehrhart N Felton N Fennel N Floyd,J.M N Floyd,J.W Y Foster NGodbee N Goodwin N Green N Greene Y Gresham N Griffin N Groover N Hamilton N Hanner

N Harris
N Hasty N Heard N Herbert N Holcomb N Holland N Holmes N Hooks Y Howren N Hudson N Irwin
N Isakson N Jackson,J N Jackson, W N Jamieson N Jenkins N Johnson
N Jones Y Kilgore N Kingston NLane,D N Lane,R N Langford
N Lawrence N Lawson
NLee Y Linder N Long NLord
Y Lucas N Lupton N Mangum N Martin NMcCoy N McDonald Y McKelvey

N McKinney,B
N McKinney.C N Meadows NMilam
N Mobley N Moody NMorton N Moultrie
N Mueller Y Oliver.C N Oliver.M
NOrr N Orrock Y Padgett Y Pannell YParham Y Parrish N Patten Y Pettit N Pinkston NPoag N Porter
Pos ton
N Powell NRandall N Ransom NRay N Reaves Y Redding
Y Richardson N Ricketson
N Robinson N Royal NSelman N Simpson
N Sinkfield

On the adoption of the amendment, the ayes were 35, nays 136. The amendment was lost.

N Smith,L Y Smith,P N Smith.T Y Smith,W N Smyre
N Snow N Stancil,F N Stancil,S N Stanley NSteele Y Stephens
N Streat NTeper
N Thomas.C N Thomas,M N Thompson E Thurmond N Titus
N Tolbert N Townsend YTwiggs N Vaughan Y Waddle
N Walker.C N Walker,L N Wall NWare Y Watson Y Watts
N White Y Wilder N Williams,B
Williams,,! N Yates N Yeargin
Murphy.Spkr

WEDNESDAY, FEBRUARY 28, 1990

2003

The following amendment was read:

Representative Linder of the 44th moves to amend the Committee substitute to SB 524 as follows:
By replacing the semicolon on page 2 line 3 with a period and striking the following 16 words.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams Y Aiken N Alford Y Alien N Athon Y Atkins N Bailey N Baker N Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett,B Y Barnett,M Y Bates YBeck N Benefield
Benn N Birdsong N Bishop N Bostick N Branch N Breedlove N Brooks Y Brown NBuck N Buford NByrd Y Campbell N Carrell N Carter N Chambless N Chance
Cheeks

N Childers
Clark,B Clark,H N Clark.L N Coleman N Colwell N Connell E Couch N Crawford
N Crosby N Cummings.B Y Cummings,M
Davis.C N Davis.G Y Davis.M N Dixon.H N Dixon.S N Dobbs N Dover N Dunn N Edwards Y Ehrhart
Felton N Fennel N Floyd,J.M
N Floyd,J.W N Foster
NGodbee Y Goodwin N Green N Greene
Y Gresham N Griffin N Groover N Hamilton N Hanner

N Harris
Y Hasty Y Heard Y Herbert N Holcomb N Holland N Holmes
N Hooks Y Howren N Hudson NIrwin Y Isakson N Jackson,J N Jackson, W N Jamieson N Jenkins N Johnson N Jones N Kilgore Y Kingston NLane.D N Lane,R N Langford Y Lawrence N Lawson NLee Y Linder NLong NLord N Lucas Y Lupton N Mangum Y Martin NMcCoy N McDonald N McKelvey

N McKinney,B Y McKinney.C
N Meadows NMilam
N Mobley N Moody YMorton N Moultrie Y Mueller N Oliver.C N Oliver,M NOrr N Orrock
N Padgett N Pannell N Parham N Parrish N Patten N Pettit
Pinkston NPoag N Porter
Poston N Powell NRandall N Ransom
NRay N Reaves Y Redding N Richardson N Ricketson N Robinson N Royal NSelman N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 41, nays 125. The amendment was lost.

N Smith,L N Smith,P
Smith,T N Smith,W N Smyre NSnow Y Stancil,F
Y Stancil,S N Stanley Y Steele N Stephens N Streat NTeper N Thomas,C Y Thomas.M
Thompson E Thurmond N Titus Y Tolbert
Y Townsend NTwiggs Y Vaughan
N Waddle N Walker.C N Walker.L
N Wall N Ware N Watson N Watts Y White Y Wilder
Y Williams.B Williams.J
N Yates N Yeargin
Murphy.Spkr

The following amendment was read:

Representative Smith of the 78th moves to amend the committee substitute to SB 524 by striking in their entirety lines 5 through 13 on page 3, which read as follows:
"(e) No plan shall require any telephone company to pay the revenues lost or expenses incurred by another telephone company to implement this plan, except as mutually agreed upon by the telephone companies and the Public Service Commission in order to maintain reasonable rates for the telephone subscribers. Only companies which prove their financial hardship to the Public Service Commission shall be eligible for sharing of their expenses or lost revenues.'",
and inserting in lieu thereof the following:
"(e) No plan shall require any telephone company to pay the revenues lost or expenses incurred by another telephone company to implement this plan, except as

2004

JOURNAL OF THE HOUSE,

required by the Public Service Commission in order to maintain reasonable rates for the telephone subscribers.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron
N Abernathy Y Adams N Aiken N Alford Y Alien N Athon N Atkins N Bailey N Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett.B Y Barnett,M Y Bates YBeck N Benefield
Benn N Birdsong Y Bishop Y Bostick Y Branch N Breedlove N Brooks Y Brown NBuck Y Buford YByrd N Campbell
Y Carrell Y Carter N Chambless Y Chance Y Cheeks

N Childers Clark,B Clark.H
Y Clark,L Y Coleman Y Colwell
N Connell
E Couch Y Crawford Y Crosby N Cummings.B
N Cummings.M
N Davis.C N Davis.G N Davis.M
N Dixon.H N Dixon,S N Dobbs Y Dover
N Dunn Y Edwards
Y Ehrhart N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee N Goodwin Y Green Y Greene Y Gresham N Griffin Y Groover Y Hamilton N Manner

Y Harris
Y Hasty N Heard
Y Herbert N Holcomb
Y Holland N Holmes Y Hooks N Howren Y Hudson
Ylrwin
N Isakson N Jackson,J N Jackson.W
Y Jamieson Y Jenkins N Johnson N Jones
N Kilgore
Y Kingston N Lane.D Y Lane,R Y Langford N Lawrence N Lawson NLee N Linder
Long YLord Y Lucas N Lupton
N Mangum N Martin Y McCoy Y McDonald N McKelvey

N McKinney.B
N McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie N Mueller N Oliver.C Y Oliver.M NOrr
Y Orrock
N Padgett N Pannell
NParham
N Parrish Y Patten N Pettit Y Pinkston YPoag Y Porter N Poaton N Powell NRandall N Ransom YRay Y Reaves
Redding N Richardson Y Ricketson
Y Robinson
Y Royal N Selman
Y Simpson
Sinkfield

On the adoption of the amendment, the ayes were 85, nays 84. The Chair voted "nay". On the adoption of the amendment, the ayes were 85, nays 85. The amendment was lost.

Y Smith.L
N Smith.P Y Smith.T N Smith.W NSmyre YSnow Y Stancil.F
N Stancil.S N Stanley Y Steele N Stephens Y Streat
Teper Y Thomas.C N Thomas,M
N Thompson
E Thurmond
Y Titus
N Tolbert
N Townsend Y Twiggs N Vaughan N Waddle N Walker.C Y Walker,L
Y Wall Y Ware N Watson N Watts Y White N Wilder
N Williams,B Williams,J
Y Yates N Yeargin
Murphy.Spki

Representative Groover of the 99th moved that the House reconsider its action in failing to adopt the Smith amendment.

On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams N Aiken N Alford
N Alien N Athon N Atkins N Bailey N Baker N Balkcom Y Bannister Y Barfoot Y Bargeron

N Barnett,B Y Barnett,M
Y Bates YBeck N Benefield
Benn
N Birdsong Y Bishop N Bostick Y Branch N Breedlove
N Brooks Y Brown NBuck

Y Buford YByrd
N Campbell Y Carrell Y Carter N Chambless Y Chance Y Cheeks
N Childers Clark,B Clark.H
Y Clark.L Y Coleman Y Colwell

N Connell E Couch Y Crawford Y Crosby Y Cummings,B
N Cummings.M N Davis.C N Davis.G N Davis,M N Diion,H N Dixon.S
N Dobbs N Dover NDunn

Y Edwards Y Ehrhart N Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee N Goodwin
Y Green Y Greene
Y Gresham Y Griffin Y Groover

WEDNESDAY, FEBRUARY 28, 1990

2005

Y Hamilton N Manner Y Harris Y Hasty N Heard Y Herbert
N Holcomb Y Holland N Holmes Y Hooks N Howren Y Hudson
Y Irwin N Isakson N Jackson,J N Jackson.W Y Jamieson YJenkins
N Johnson N Jones N Kilgore Y Kingston

N Lane,D Y Lane.R Y Langford N Lawrence N Lawson N Lee
N Linder N Long Y Lord Y Lucas N Lupton N Mangum
N Martin Y McCoy Y McDonald N McKelvey N McKinney.B N McKinney.C
Y Meadows Y Milam Y Mobley Y Moody

Y Morton Y Moult N Mueller N Oliver.C N Oliver,M N Orr
N Orrock N Padgett N Pannell Y Parham N Parrish Y Patten
N Pettit Y Pinkston Y Poag Y Porter Y Poston N Powell
N Randall N Ransom Y Ray Y Reaves

On the motion, the ayes were 82, nays 91. The motion was lost.

N Redding N Richardson Y Ricketson Y Robinson Y Royal N Selman
N Simpson N Sinkfield Y Smith,L N Smith,P Y Smith.T N Smith,W
N Smyre Y Snow Y Stancil.F N Stancil,S N Stanley Y Steele
Y Stephens Y Streat Y Teper N Thomas.C

N Thomas.M N Thompson E Thurmond N Titus N Tolbert N Townsend
Y Twiggs N Vaughan N Waddle N Walker.C Y Walker,L Y Wall
Y Ware N Watson N Watts Y White N Wilder N Williams,B
Williams,J Y Yates N Yeargin
Murphy.Spkr

An amendment, offered by Representative Groover of the 99th, was read and withdrawn.

The following amendment was read:

Representative Snow of the 1st moves to amend the committee substitute to SB 524 by striking from the title line 7 of page 1, which reads as follows:
"to provide for appropriate usage rates for high volume",
and inserting in lieu thereof the following:
"to authorize appropriate usage rates for certain high volume".
By striking the proviso on lines 3 through 5 on page 2, which reads as follows:
"; provided, however, that the commission shall authorize provision for appropriate usage rates for high volume customers",
and inserting in lieu thereof the following:
"; provided, however, that the commission may authorize provision for appropriate usage rates for businesses and the users of computer and facsimile machine calling services".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron
NAbernathy Y Adams YAiken N Alford Y Alien
N Athon N Atkins N Bailey N Baker N Balkcom N Bannister

Y Barfoot
Y Bargeron N Barnett,B N Barnett,M Y Bates Y Beck
N Benefield Benn
N Birdsong N Bishop Y Bostick Y Branch

N Breedlove
N Brooks Y Brown N Buck Y Buford N Byrd
N Campbell N Carrell Y Carter N Chambless N Chance Y Cheeks

N Childers
Clark,B Clark.H Y Clark.L N Coleman N Colwell
N Connell E Couch Y Crawford Y Crosby N Cummings,B Y Cummings.M

N Davis.C
N Davis.G N Davis.M Y Diion.H N Dixon,S N Dobbs
N Dover N Dunn Y Edwards Y Ehrhart N Felton Y Fennel

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JOURNAL OF THE HOUSE,

N Floyd,J.M N Floyd,J.W
N Foster YGodbee N Goodwin Y Green Y Greene N Gresham N Griffin Y Groover N Hamilton N Manner N Harris N Hasty N Heard Y Herbert N Holcomb Y Holland N Holmes Y Hooks Y Howren N Hudson Ylrwin N Isakson

N Jackson,J
Y Jackson.W N Jamieson
Y Jenkins N Johnson N Jones N Kilgore N Kingston N Lane.D
N Lane,R Y Langford Y Lawrence
Lawson NLee Y Linder
YLong Lord
Y Lucas N Lupton N Mangum N Martin
Y McCoy N McDonald N McKelvey

N McKinney.B N McKinney.C Y Meadows
N Milam Y Mobley Y Moody N Morton N Moultrie N Mueller
N Oliver.C Y Oliver.M NOrr Y Orrock Y Padgett Y Pannell N Parham N Parrish Y Patten N Pettit
Pinkston YPoag N Porter
Y Poston N Powell

NRandall
N Ransom YRay Y Reaves
N Redding N Richardson Y Ricketson Y Robinson Y Royal
N Selman N Simpson N Sinkfield N Smith,L N Smith,?
Smith.T
N Smith.W NSmyre YSnow Y Stancil,F N Stancil.S N Stanley
NSteele N Stephens Y Streat

On the adoption of the amendment, the ayes were 60, nays 108. The amendment was lost.

YTeper N Thomas.C N Thomas,M
N Thompson E Thurmond Y Titus N Tolbert N Townsend NTwiggs
N Vaughan N Waddle N Walker.C N Walker,L N Wall
Ware N Watson N Watts Y White N Wilder Y Williams,B
Williams,J N Yates N Yeargin
Murphy,Spkr

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong
Y Bishop N Bostick
Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark.B
Clark.H
Y Clark.L Y Coleman Y Colwell Y Connell
E Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

Y McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,? Y Smith,T
Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley
YSteele Y Stephens Y Streat YTeper Y Thomas.C
Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
YWare Y Watson Y Watts Y White Y Wilder Y WiUiams,B
Williams^
Y Yates Y Yeargin
Murphy,Spkr

WEDNESDAY, FEBRUARY 28, 1990

2007

On the passage of the Bill, by substitute, the ayes were 173, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 978. By Representative Holland of the 136th: A resolution commending the Georgia Peanut Festival and inviting representatives of the Georgia Peanut Festival to appear before the House of Representatives.
HR 979. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd: A resolution commending and recognizing the members of the Pointe South Junior High School Chapter of the Technology Student Association and inviting them to appear before the House of Representatives.
HR 981. By Representatives Walker of the 85th and Cummings of the 134th: A resolution creating the House Drug-free Georgia Study Committee.
The following Resolution of the House was read and referred to the Committee on Governmental Affairs:
HR 980. By Representatives Greene of the 130th, Holmes of the 28th, Titus of the 143rd, Stancil of the 8th and Orrock of the 30th:
A resolution urging the State Personnel Board to make every effort to afford each employee in the classified service at least two breaks during each eighthour shift.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 1555. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers.
The following Senate amendment was read:
Amend HB 1555 by striking from line 28 of page 17 the following: "and",
and inserting in lieu thereof the following:

WEDNESDAY, FEBRUARY 28, 1990

2009

By striking from line 33 of page 22 the following: "must",

and inserting in lieu thereof the following: "may".

Representative Jackson of the 9th moved that the House disagreee to the Senate amendment to HB 1555.
The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 982. By Representatives Holland of the 136th and Bates of the 141st: A resolution commending Miss Catherine Dawn Murray on being chosen Miss Georgia Peanut Queen.
HR 983. By Representatives Holland of the 136th and Buford of the 103rd: A resolution commending Miss Susan Grace Folsom on being chosen Junior Miss Georgia Peanut Queen.
HR 984. By Representative Poag of the 3rd: A resolution expressing regret at the untimely passing of UGA IV.
HR 985. By Representatives Gresham of the 21st, Isakson of the 21st and Ricketson of the 82nd: A resolution commending Dr. Charles Adair.
HR 986. By Representatives Clark of the 20th, Howren of the 20th, Vaughan of the 20th, Aiken of the 21st, Atkins of the 21st and others: A resolution commending Dobbins Air Force Base.
HR 987. By Representative Bailey of the 72nd: A resolution commending Brad Prescott.
HR 988. By Representative Bailey of the 72nd: A resolution commending the Reverend James A. Langley.
HR 989. By Representative Carter of the 146th: A resolution commending Mike Carter.
HR 990. By Representative Carter of the 146th: A resolution commending Rex Dansby.
HR 991. By Representative Carter of the 146th: A resolution commending Tom Tebeau and Coach Paul Burgdorf.

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JOURNAL OF THE HOUSE,

HR 992. By Representative Carter of the 146th: A resolution commending Rudolph Grimsley.

HR 993. By Representatives Richardson of the 52nd, Williams of the 48th, Herbert of the 76th, Williams of the 54th, Irwin of the 13th and others:
A resolution recognizing March, 1990, as Women's History Month in Georgia.

HR 994. By Representative Poston of the 2nd: A resolution expressing regret at the passing of Dr. Charles W. Stephenson.

HR 995. By Representative Hamilton of the 124th:
A resolution commending the Editorial Staff of the Office of Legislative Counsel.

HR 996. By Representative Parrish of the 109th: A resolution commending Gary Hodges.

HR 997. By Representatives Hooks of the 116th, Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Groover of the 99th and others:
A resolution congratulating Honorable Ward Edwards.

HR 998. By Representative Parrish of the 109th:
A resolution congratulating Dr. H. Wilder Smith on the occasion of his seventy-fifth birthday.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SR 64. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in Atlanta, Fulton County, Georgia; to provide an effective date.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned real property owned or to be acquired by the State of Georgia in Atlanta, Fulton County, Georgia; authorizing the granting of nonexclusive easements under, upon, over, across, and through certain real property owned or to be acquired by the State of Georgia in Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 3 and 4 (containing .295 acre) and Tract 6 (containing .331 acres) and Tract 13 (containing 1.189 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 2 through 4, Fulton County records; Tracts 175 and 176 (containing .23

WEDNESDAY, FEBRUARY 28, 1990

2011

acres) and Tracts 170, 171, 172, 173 and 174 (containing .69 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 19 through 21, Fulton County records; Tract 130 (containing .2707 acre) and Tracts 140, 143 and 144 (containing .7029 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138, Fulton County records; and Tracts 24, 25, 27, 30 and 32 (containing 8.645 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 161, pages 87 through 89, Fulton County records; and
WHEREAS, the State of Georgia is the owner of certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 85 and 86 (containing 1.9767 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 160, pages 10 through 12, Fulton County records; Tracts 80, 81, 82, 83 and 84 (containing 2.7941 acres) and Tracts 60, 61, 62, 63, 64, 65, 66 and 67 (containing .4545 acres) as shown on sheets one through three of a certain plat of survey recorded at Plat Book 160, pages 49 through 51, Fulton County records; Tracts 37, 39, 40 and 41 (containing .8556 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 160, pages 46 through 48, Fulton County records; and Tract 15-20 (containing 2.877 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 9 through 11, Fulton County records; and Tracts 222, 225 and 226, as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 22 through 24, Fulton County records; and
WHEREAS, the State of Georgia has contracted to acquire certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F and Tracts 9-A and 9-B and Tract 10-A (containing 1.0030 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book 165, pages 90 through 92, Fulton County records; Tracts 218 and 223 (containing .555 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book 158, pages 22 through 24, Fulton County records; Tract 240 (containing .2746 acres) and Tract 227-A (containing .6615 acres) and Tract 237 (containing .2050 acres), as shown on sheets one through four of that certain plat of survey recorded at Plat Book 164, pages 101 through 104, Fulton County records; Tract 229-B (containing .2816 acres) and Tract 232 (containing .2704 acres) and Tract 233-A (containing .2815 acres) and Tract 227-C (containing .6596 acres) and Tract 231 (containing .6237 acres), as shown on sheets one through seven of that certain plat of survey recorded at Plat Book 165, pages 1 through 7, Fulton County records; and Tract 242 (containing 2.0934 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book 164, pages 98 through 100, Fulton County records; and Tract 243 (containing 3.8459 acres), as shown on sheets one through five of a certain plat of survey recorded at Plat Book 164, pages 139 through 143, Fulton County records; and
WHEREAS, Georgia Power Company needs to construct a new transmission line switching station within a portion of Tracts 175, 176 and 243, as well as to construct, operate, and maintain electric power transmission lines under, upon, over, across, or through a portion of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240 and Tracts 242 and 243, all of which will serve the Geo. L. Smith II Georgia World Congress Center; and
WHEREAS, Atlanta Gas Light Company needs to construct, operate, and maintain gas transmission lines under, upon, over, across, or through a portion of Tract 130, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tract 229-B, Tracts 231 through 233, Tracts 237,

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JOURNAL OF THE HOUSE,

227-A and 240 and Tracts 242 and 243, which will serve the Geo. L. Smith II Georgia World Congress Center; and
WHEREAS, the Metropolitan Atlanta Rapid Transit Authority needs to construct, operate and maintain utility lines under, upon, over, across, or through a portion of Tracts 7-A and 7-B, Tracts 9-A and 9-B, Tract 10-A, Tracts 11 through 13, Tracts 24, 25 and 27, Tracts 30, 31 and 32, Tracts 15-20, Tracts 237 and 240, and Tracts 242 and 243; and
WHEREAS, Southern Bell Telephone and Telegraph Company needs to construct, operate and maintain utility lines under, upon, over, across, or through a portion of Tract 32 and Tracts 242 and 243; and
WHEREAS, all of the above-referenced tracts of land are in, or will be placed in, the custody of the Department of Industry, Trade, and Tourism.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
Section 1. (a) That the State of Georgia has contracted to acquire or is the owner of the above-described real property and that, in all matters relating to the conveyance of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey all or any portion of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, for a monetary or other consideration, including the exchange of land, as shall be determined adequate by the State Properties Commission, which such conveyances shall be to a purchaser or purchasers for each such tract of land, or portion thereof, and upon such other terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
(c) That the State Properties Commission shall cause to be prepared plats of survey, which for purposes of this resolution shall show, delineate, and describe the specific portion of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, authorized to be conveyed by this resolution.
ARTICLE II
Section 2. (a) That the State of Georgia has contracted to acquire or is the owner of the above-described real property and that, in all matters relating to the grant of nonexclusive easements under, upon, over, across, or through Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, the State of Georgia is acting by and through its State Properties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Georgia Power Company, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia.

WEDNESDAY, FEBRUARY 28, 1990

2013

(c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Atlanta Gas Light Company, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tracts 130, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tract 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia.
(d) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Metropolitan Atlanta Rapid Transit Authority, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tracts 7-A and 7-B, Tracts 9-A and 9-B, Tract 10-A, Tracts 11 through 13, Tracts 24, 25 and 27, Tracts 30, 31 and 32, Tracts 15-20, Tracts 237 and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia.
(e) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Southern Bell Telephone and Telegraph Company, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tract 32 and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia.
(f) That the State Properties Commission shall cause to be prepared plats of survey, which for purposes of this resolution shall show, delineate and describe the specific easement areas of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, authorized to be granted by this resolution.
Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of all or any portion of Tracts 3 and 4, Tract 13, Tract 175 and 176, and Tract 243, and the grant of nonexclusive easements under, upon, over, across and through any portion of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tracts 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243.
Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 90, nays 0. The Chair voted "aye". On the adoption of the Resolution, by substitute, the ayes were 91, nays 0.

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The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 577. By Representative Hamilton of the 124th:
A resolution urging the Commission on Children and Youth to create a Task Force to Promote Self-Esteem.

The following Committee substitute was read:

A RESOLUTION
Urging the Commission on Children and Youth to create a Task Force To Promote Self-Esteem; and for other purposes.
WHEREAS, billions of tax dollars are spent each year to address worsening social problems, but little is done to effectively prevent such problems; and
WHEREAS, the cost in human terms is even greater and is steadily increasing; and
WHEREAS, government alone is unable to solve all social problems; and
WHEREAS, research indicates that there is a causal relationship between low selfesteem and some of the most serious social problems; and
WHEREAS, it is urgent that the state explore new approaches to dealing with these social ills; and
WHEREAS, the best hope for reducing these problems is educating the people of this state so that all Georgians may develop healthy self-esteem and thus become responsible citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do urge the Commission on Children and Youth to create a Task Force To Promote Self-Esteem and do further encourage all local children and youth commissions to create local task forces as effective means of obtaining widespread public participation in this important effort.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Commission on Children and Youth.

The following amendment was read and adopted:

Representative Steele of the 97th moves to amend the Committee substitute to HR 577 as follows:
After line 10 insert:
"Whereas, families should be the central focus of our children and youth, and they should be encouraged to obey their parents and to live within the laws of our state; and".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
On the adoption of the Resolution, by substitute, as amended, the ayes were 90, nays 0.

WEDNESDAY, FEBRUARY 28, 1990

2015

The Chair voted "aye".
On the adoption of the Resolution, by substitute, as amended, the ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

SB 640. By Senators Fuller of the 52nd and Tate of the 38th:
A bill to amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, so as to repeal certain provisions prohibiting district attorneys emeritus from practicing law.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 641. By Senators Garner of the 30th and Broun of the 46th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to clarify the authority of peace officers employed by universities, colleges, schools, railroads, public agencies, and public authorities, as well as officers of the state and political subdivisions, to apply for search warrants.

The following amendment was read and adopted:

Representative Stephens of the 68th moves to amend SB 641 by adding in the title on line 16 of page 1 between the first semicolon and the word "to" the following:
"to require that under certain circumstances the execution of a search warrant by a certified peace officer employed by a university, college, or school shall be made jointly by said peace officer and a certified peace officer of a law enforcement unit of the political subdivision wherein the search will be executed;".
By adding between lines 13 and 14 on page 3 the following:
"Section 3. Said article is further amended by adding at the end of Code Section 17-5-21, relating to grounds for the issuance of a search warrant, a new subsection (d) to read as follows:
'(d) Notwithstanding any provisions of Code Section 17-5-20 or other provisions of this Code section to the contrary, with respect to the execution of a search warrant by a certified peace officer employed by a university, college, or school, which search warrant will be executed beyond the arrest jurisdiction of a campus policeman pursuant to Code Section 20-3-72, the execution of such search warrant shall be made jointly by the certified peace officer employed by a university, college, or school and a certified peace officer of a law enforcement unit of the political subdivision wherein the search will be conducted."'
By renumbering Section 3 on line 14 of page 3 as Section 4.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

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On the passage of the Bill, as amended, the ayes were 113, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Stephens of the 68th stated that he wished to be recorded as voting "aye" on the preceding bill.

SB 229. By Senator Edge of the 28th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for additional functions and powers of hospital authorities; to provide for additional purposes for which proceeds of the sale of a hospital may be expended.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for additional functions and powers of hospital authorities; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," is amended by striking paragraphs (23) and (24) of Code Section 31-7-75, relating to functions and powers of hospital authorities, and inserting in lieu thereof new paragraphs (23), (24), and (25) to read as follows:
"(23) To contract for the management and operation of the project by a professional hospital or medical facilities consultant or management firm. Each such contract shall require the consultant or firm contracted with to post a suitable and sufficient bond; find
(24) To provide management, consulting, and operating services including, but not limited to, administrative, operational, personnel, and maintenance services to another hospital authority, hospital, health care facility, as said term is defined in Chapter 6 of this title, person, firm, corporation, or any other entity or any group or groups of the foregoing; to enter into contracts alone or in conjunction with others to provide such services without regard to the location of the parties to such transactions; to receive management, consulting, and operating services including, but not limited to, administrative, operational, personnel, and maintenance services from another such hospital authority, hospital, health care facility, person, firm, corporation, or any other entity or any group or groups of the foregoing; and to enter into contracts alone or in conjunction with others to receive such services without regard to the location of the parties to such transactionsT; and
(25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans (with or without interest and secured or unsecured at the discretion of such authority), for any purpose related to the provision of health or medical services or related social services to the citizens of the city, county, or the participating units creating such authority."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 28, 1990

2017

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 10. By Senator Kidd of the 25th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 333. By Senators English of the 21st, Albert of the 23rd and Olmstead of the 26th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for additional factors to be considered by the governing body of a hospital in the granting of staff privileges; to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed doctors of medicine, doctors of podiatric medicine, doctors of osteopathic medicine, or doctors of dentistry, shall not discriminate among qualified applicants; to provide for the construction of certain provisions; to provide for reports to the appropriate licensing board of disciplinary actions taken against such medical practitioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking Code Section 31-7-7, relating to the refusal or revocation by a public hospital of staff privileges, and inserting in its place a new Code Section 31-7-7 to read as follows:
"31-7-7. (a) Whenever any licensed medical practitioner doctor of medicine, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry shall make application for permission to treat patients in any hospital owned or operated by the state, any political subdivision thereof, or any municipality, the hospital shall act in a nondiscriminatory manner upon such application expeditiously and without unnecessary

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delay considering the applicant on the basis of the applicant's demonstrated training, experience, and competence , and availability and reasonable objectives, including but not limited to, the appropriate utilization of hospital facilities; but in no event shall final action thereon be taken later than 90 days following receipt of the application; provided, however, whenever the applicant is licensed by any governmental entity outside the continental limits of the United States, the hospital shall have 120 days to take action following receipt of the application. This subsection shall apply solely to applications by licensed medical practitioners doctors of medicine, doctors of podiatric medicine, doctors of osteopathic medicine, and doctors of dentistry who are not members of the staff of the hospital in which privileges are sought at the time an application is submitted and by those not privileged, at such time, to practice in such hospital under a previous grant of privileges. The provisions of this subsection shall not be construed so as to repeal the provisions of Code Section 31-7-15, to mandate hospitals to offer or provide any type of service or services not otherwise offered, or to prohibit a hospital with a clinical training program affiliated with a school of medicine from requiring an applicant to have a faculty teaching appointment as a condition of eligibility.
(b) Whenever any hospital owned or operated by the state, any political subdivision thereof, or any municipality shall refuse to grant a licensed medical practitioner doctor of medicine, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry the privilege of treating patients in the hospital, wholly or in part, or revoke the privilege of a such licensed medical practitioner for treating patients in such hospi-
tal, wholly or in part, the hospital shall furnish to the licensed medical practitioner whose privilege has been refused or revoked, within ten days of such action, a written
statement of the reasons therefor. (c) The provisions of this Code section shall not be construed to mandate such hos-
pital to grant or to prohibit such hospital from granting staff privileges to other licensed practitioners of the healing arts who are otherwise qualified for staff privileges pursuant
to the bylaws of the governing body of the hospital and, in addition, shall not be construed to modify or restrict the rights of health service provider psychologists to be
treated in a nondiscriminatory manner as provided in Code Sections 31-7-161 and 31-7-164."
Section 2. Said article is further amended by striking Code Section 31-7-8, relating
to reports of disciplinary actions against persons authorized to practice medicine, and inserting in its place a new Code Section 31-7-8 to read as follows:
"31-7-8. (a) The hospital administrator or chief executive officer of each institution
subject to this chapter shall submit a written report to the Composite State Beatd ef Medical Examiners appropriate licensing board when a person who is authorized to
practice medicine; osteopathy, podiatry, or dentistry in this state under Chapter 34, Chapter 35, or Chapter 11, respectively, of Title 43 and who is a member of the medical
staff at the institution, has medical staff privileges at the institution, or has applied for medical staff privileges at the institution has his medical staff privileges denied,
restricted, or revoked for any reason involving the medical care given his patient. Each such administrator or officer shall also report to the appropriate licensing board resigna-
tions from practice in that institution by persons licensed under Chapter 34i Chapter 35,
or Chapter 11 of Title 43. This Code section shall not require reports of temporary suspensions for failure to comply with medical record regulations.
(b) The written report required by subsection (a) of this Code section shall be made within 20 working days following final action by the institution on the restriction, denial,
or revocation of medical staff privileges. The results of any legal appeal of such action shall be reported within 20 working days following a final court decision on such appeal.
(c) The report required by this Code section shall contain a statement detailing the nature of the restriction, denial, or revocation of medical staff privileges, the date such
action was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the
institution, the report shall contain the circumstances involved therein. (d) There shall be no civil or criminal liability on the part of, and no cause of action
for damages shall arise against, any hospital administrator, chief executive officer, or other authorized person who in good faith complies with this Code section.

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(e) Except as provided in this subsection, information contained in any report made to the Composite State Beard ef Medical Examiners appropriate licensing board pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the Composite State Beard ef Medical Examiners appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution.
(f) The failure of an institution to comply with this Code section shall be grounds for the denial, refusal to renew, or revocation of the permit for the operation of the institution issued pursuant to this chapter."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield YBenn Y Birdaong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell E Couch
Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis,G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Pelton Y Fennel Y Floyd,J.M Floyd,J.W Y Foster
Y Godbee Y Goodwill
Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver,M YOrr
Orrock
Y Padgett Y Pannell
YParham Y Parrish Y Patten
Pettit Pinks ton YPoag
Y Porter YPoston Y Powell
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman
Simpson Y Sinkfield

Y Smith.L Y Smith,P Y Smith,T
Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S
Stanley
Y Steele Stephens Streat
YTeper Thomas.C
Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert
Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y WaU
Ware
Y Watson Watts White
Y Wilder Williams.B Williams,,!
Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employment of certain contributors.

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Representative Connell of the 87th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1385 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Connell of the 87th, Pinkston of the 100th and Lee of the 72nd.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate, were taken up for consideration and read the third time:

SB 457. By Senators Albert of the 23rd, Kidd of the 25th and Johnson of the 47th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide for reservation and transfer of rights of reproduction of works of fine art; to provide for rights of ownership of works of fine art and transfer thereof; to provide for reservation of certain rights in works of fine art.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HR 831. By Representatives Alford of the 57th and Hamilton of the 124th:
A resolution directing the State Board of Education to include a course of study in citizenship and character development in its core curriculum.

The following Committee substitute was read and adopted:

A RESOLUTION
Urging the State Board of Education to include a course of study in citizenship and character development in its core curriculum; and for other purposes.
WHEREAS, one of the responsibilities of the State Board of Education is the development of a uniformly sequenced core curriculum for grades kindergarten through 12; and
WHEREAS, it would be beneficial to the students of this state to have instruction in the areas of citizenship and character development; and
WHEREAS, such instruction should include the teaching of the history and meaning of the First Amendment to the United States Constitution; and
WHEREAS, a basic course of instruction in citizenship and character development should be prescribed by the State Board of Education and, once such basic course is prescribed, each local board of education should be permitted and authorized to supplement and develop the exact approach of content areas of such basic course of study with specific curriculum standards as it may deem appropriate; and

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WHEREAS, the minimum course of study in citizenship and character development to be prescribed by the State Board of Education should be ready for implementation not later than December 31, 1990, so that each local board of education would be able to implement such minimum course not later than July 1, 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the State Board of Education to prescribe a minimum course of study in citizenship and character development to be included in its core curriculum.
BE IT FURTHER RESOLVED that the State Board of Education is urged to prescribe such minimum course of instruction not later than December 31, 1990, so that each local board of education in this state would be able to implement such minimum course of instruction not later than July 1, 1991.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the State Board of Education.
The report of the Committe, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom
Bannister Y Barfoot
Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Childers Y Clark.B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Cummings,B Y Cummings.M Y Davis,C Y Davis,G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin
Y Groover
Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
YMcCoy McDonald
Y McKelvey

McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten
Pettit Pinkston YPoag
Y Porter YPoston Y Powell
Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Simpson
Y Sinkfield

Y Smith.L
Y Smith,? Y Smith,T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware
Y Watson Y Watts
White
Y Wilder
Y Williams,B
Wiffiams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 149, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The Speaker Pro Tern assumed the Chair.

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Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was again taken up for consideration:

SR 116. By Senators Parker of the 15th, Scott of the 2nd, Deal of the 49th and others

A RESOLUTION

Proposing an amendment to Article II, Section II, of the Constitution, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article II, Section II, of the Constitution is amended by striking Paragraph III thereof, and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Persons not eligible to hold office, (a) Except as otherwise
provided in subparagraph (b) of this Paragraph, Ne no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law.
(b) A person who holds any office or appointment of honor or trust in this state and who is convicted of any crime committed during the term of and relating to that office or appointment shall be ineligible to hold any office or appointment of honor or trust in this state, notwithstanding the grant of any pardon or restoration of civil rights to that person, unless a pardon for that crime is granted because that person is subsequently determined to be innocent of the crime. The General Assembly is authorized to establish by general law those federal and state crimes the conviction of which results in ineligibility pursuant to this subparagraph."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following substitute, offered by Representative Murphy of the 18th, was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony involving moral turpitude shall be eligible to hold any office or appointment of honor or trust in this state unless that person's civil rights have been

WEDNESDAY, FEBRUARY 28, 1990

2023

restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; to pro-
vide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article II, Section II of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows:
"Paragraph III. Persons not eligible to hold office. No person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude, or who is the holder of public funds illegally~shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker YBalkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beck Y Benefield
Benn

Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks
N Brown Y Buck Y Buford N Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L

Y Coleman
Y Colwell Connell
E Couch Y Crawford Y Crosby
Cummings.B Y Cummings,M Y Davis.C N Davis.G Y Davis,M Y Diion,H Y Diion,S Y Dobbs
Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M
Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D Y LaneJR Y Langford Y Lawrence Y Lawson Y Lee Y Linder Y Long

2024

JOURNAL OF THE HOUSE,

YLord Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley N Moody Y Morton Y Moultrie

N Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett N Pannell Y Parham Y Parrish
Y Patten Pettit Pinkston
YPoag Y Porter Y Poston Y Powell

Randall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P Y Smith,T
Y Smith,W

YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M
Thompson E Thunnond Y Titus Y Tolbert Y Townsend

YTwiggs Y Vaughan Y Waddle N Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
WiUiams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 144, nays 7.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:

SB 464. By Senators Dawkins of the 45th and Edge of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to correct an error relative to the payment of benefits to dependents of a deceased employee; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insurance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis.

By unanimous consent, further consideration of SB 464 was postponed until tomorrow, March 1, 1990.

SR 314. By Senator Dawkins of the 45th:
A resolution creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force.

The following amendment was read:

Representative Davis of the 72nd moves to amend SR 314 as follows:
To amend page 2 between lines 16 and 17 by adding the following:
(c) All members which are selected from the House of Representatives and the Senate shall be comprised of members of the two major political parties by the same ratio as each party is represented in the House of Representatives and Senate. At least one member of the minority party from the House of Representatives and one from the Senate shall serve on the Task Force.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 28, 1990

2025

Y Aaron N Abernathy N Adams Y Aiken N Alford Y Alien
Athon Y Atkins N Bailey N Baker N Balkcom Y Bannister N Barfoot N Bargeron
N Barnett,B Y Barnett,M N Bates NBeck N Benefleld
Benn N Birdsong
N Bishop N Bostick N Branch
Y Breedlove Brooks Brown
NBuck N Buford YByrd Y Campbell N Carrell N Carter
N Chambless Chance Cheeks

N Childers
Y Clark.B Y Clark.H
N Clark,L N Coleman N Colwell
Connell E Couch
Crawford
Crosby Cummings,B Cummings,M Y Davis.C N Davis.G Y Davis,M Diion,H Dixon.S
Dobbs Dover Dunn N Edwards
Y Ehrhart
Y Felton
N Fennel
N Floyd,J.M
Floyd,J.W N Foster
N Godbee Y Goodwin N Green N Greene
Gresham N Griffin
N Groover N Hamilton
Manner

N Harris
N Hasty Y Heard
Herbert N Holcomb
Y Holland N Holmes N Hooks Y Howren
N Hudson
N Irwin
Isakson
N Jackson,,!
N Jackson, W N Jamieson
N Jenkins N Johnson Y Jones
Kilgore Y Kingston NLane,D N Lane.R N Langford
Lawrence N Lawson NLee Y Linder
NLong Lord
N Lucas Y Lupton
Mangum N Martin
NMcCoy McDonald
N McKelvey

Y McKinney,B Y McKinney.C N Meadows YMilam N Mobley
Y Moody YMorton
Moultrie Y Mueller
N Oliver.C 01iver,M
YOrr NOrrock
N Padgett N Pannell
N Parham NParrish N Patten N Pettit
Pinkston NPoag N Porter NPoston N Powell NRandall Y Ransom NRay N Reaves
Redding Y Richardson N Ricketson N Robinson N Royal
Selman N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 42, nays 99. The amendment was lost.

N Smith,L N Smith,P N Smith.T
N Smith.W Smyre
YSnow
N Stancil,F Y Stancil.S N Stanley
Steele N Stephens N Streat NTeper N Thomas.C Y Thomas,M N Thompson E Thurmond Y Titus Y Tolbert Y Townsend NTwiggs Y Vaughan N Waddle N Walker.C N Walker.L Y Wall
Ware
N Watson N Watts
White Wilder Y Williams,B Williams,J
Y Yates N Yeargin N Murphy.Spkr

Representative Holland of the 136th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Benefield
Benn Y Birdsong Y Bishop Y Bostick

Y Branch
Y Breedlove
Y Brooks Y Brown
Buck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks
Childers
Y Clark.B Y Clark.H Y Clark,L Y Coleman
Y Colwell Connell
E Couch Y Crawford
Crosby

Cummings,B
Y Cummings,M
Y Davis.C Y Davis.G
Davis.M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Ehrhart
Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster
Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin

Y Groover Y Hamilton
Y Hanner Y Harris Y Hasty Y Heard
Herbert Holcomb
Y Holland Holmes
Y Hooks Y Howren Y Hudson Y Irwin
Isakson
Y JacksonJ Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston

Y Lane.D Y Lane.R Y Langford
Lawrence Y Lawson YLee
Linder YLong
YLord Y Lucas Y Lupton Y Mangum
Martin YMcCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney.C
Meadows Milam
Y Mobley Y Moody Y Morton

2026

JOURNAL OF THE HOUSE,

Y Moultrie Y Mueller YOliver.C
Oliver,M YOrr YOrrock
Padgett YPannell Y Parham YParrish Y Patten Y Pettit
Pinkston

Y Poag
Y Porter
Y Poston Y Powell
Randall Y Ransom Y Ray Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal

Selman
Simpson Y Sinkfield
Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Smyre
Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele

Stephens
Y Streat Y Teper Y Thomaa,C Y Thomas,M Y Thompson
E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle

Walker.C Y Walker,L
Wall Ware Y Watson Y Watts White Wilder Williams,B Williams,J Y Yates Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 133, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Bailey of the 72nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 460. By Senator Broun of the 46th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of State from membership on the governing bodies of certain associations and authorities.

The following amendments were read and adopted:

Representatives Jackson of the 9th and Lawson of the 9th move to amend SB 460 as follows:
By deleting on page 4 line 21 the word "six" and add "seven".
By deleting on line 23 the word "five" and add the word "six".

Representative Bostick of the 138th moves to amend SB 460 as follows: By striking the word "area" on page 2 line 16 and inserting the word "county".

The following amendment was read:

Representative Morton of the 47th moves to amend SB 460 by adding after the first semicolon on line 13 of page 1 the following:
"to change the qualifications for appointment as a member of the Stone Mountain Memorial Association;".
By adding after the period on line 18 of page 3 the following:
"Any appointments made by the Governor on or after July 1^ 1990, shall, in keeping with the mandate of the Stone Mountain Memorial Association to operate a perpetual memorial to the Confederate States of America, be made so that as soon as possible and at all times thereafter at least three of the Governor's appointees shall be persons recognized in the community as having a strong interest in commemorative activity regarding the southern national period and confederate commemoration, either as a member of a

WEDNESDAY, FEBRUARY 28, 1990

2027

confederate hereditary society, as a member of a historic preservation society, or as a recognized southern historian."

On the adoption of the Morton amendment, Representative Morion of the 47th moved the "ayes" and "nays".
The call was sustained.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams Y Aiken
N Alford N Alien N Athon
Atkins N Bailey N Baker
Balkcom Y Bannister N Barfoot
Bargeron Y Barnett.B Y Barnett.M
Y Bates NBeck N Benefield
Benn N Birdsong N Bishop N Bostick N Branch
Breedlove N Brooks Y Brown
Buck
Y Buford NByrd
Campbell N Carrell Y Carter N Chambless
N Chance Y Cheeks

N Childers
N Clark.B Y Clark.H Y Clark,L
Coleman N Colwell
Connell E Couch Y Crawford Y Crosby
N Cummings,B Cummings.M
Y Davis.C N Davis.G Y Davis,M Y Dixon.H
Dixon,S N Dobbs
Dover Dunn N Edwards Y Ehrhart Felton N Fennel Floyd,J.M Floyd,J.W Foster YGodbee Y Goodwin N Green N Greene Y Gresham Y Griffin N Groover
N Hamilton Hanner

Y Harris N Hasty
Y Heard N Herbert N Holcomb N Holland N Holmes N Hooks Y Howren Y Hudson
NIrwin Isakson
N Jackson,J Y Jackson.W Y Jamieson
Jenkins N Johnson
N Jones Kilgore
Y Kingston N Lane,D YLane,R
N Langford Y Lawrence N Lawson NLee N Linder YLong
Lord N Lucas Y Lupton
Mangum N Martin NMcCoy
N McDonald N McKelvey

N McKinney.B McKinney.C
N Meadows NMilam
N Mobley N Moody Y Morton N Moultrie Y Mueller N Oliver.C N Oliver,M NOrr N Orrock N Padgett N Pannell
Parham N Parrish N Patten N Pettit
Pinkston
NPoag Porter
NPoston N Powell NRandaU N Ransom
Ray Y Reaves
Redding N Richardson Y Ricketson N Robinson N Royal N Selman
Simpson N Sinkfield

On the adoption of the amendment, the ayes were 50, nays 90. The amendment was lost.

Y Smith.L N Smith,?
Smith,T Smith,W
Smyre YSnow N Stancil.F Y Stancil,S N Stanley YSteele Y Stephens
Streat NTeper N Thomas.C N Thomas, M
Thompson E Thunnond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle N Walker.C N Walker.L Y Wall
Ware N Watson N Watts N White Y Wilder Y Williams,B
Williams,.! Y Yates N Yeargin N Murphy ,Spkr

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister

Y Barfoot
Y Bargeron
Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch

Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark,L
Coleman Y Colwell
Connell
E Couch Crawford
Y Crosby Y Cummings,B Y Cummings,M

Y Davis.C Y Davis,G Y Davis,M
Y Diion.H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards YEhrhart Y Felton Y Fennel

2028

JOURNAL OF THE HOUSE,

Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Banner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson

Y Jackson,J Y Jackson, W
Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder
Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney.B McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Oliver.C Y Oliver,M Y Orr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston Y Poag
Porter Y Poston Y Powell

Y Randall Y Ransom
Ray Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Simpson Y Sinkfield Smith,L Y Smith.P Smith,T
Smith.W Y Smyre Y Snow Y StanciLF Y StanciLS Y Stanley Y Steele
Stephens Streat

Y Teper Thomas.C
Y Thomas.M Y Thompson E Thurmond
Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1314.

By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991.

The following Senate substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities,
political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $7,785,000,000 for State Fiscal Year 1991.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................!

22,399,000

WEDNESDAY, FEBRUARY 28, 1990

2029

Personal Services - Staff................. Personal Services - Elected
Officials ........................................... Regular Operating Expenses.......... Travel - Staff ..................................... Travel - Elected Officials................ Capital Outlay ..................................
Equipment......................................... Computer Charges............................ Real Estate Rentals......................... Telecommunications........................
Per Diem, Fees and Contracts Staff .................................................
Per Diem, Fees and Contracts Elected Officials.............................
Photography....................................... Expense Reimbursement Account. Austerity Factor ............................... Total Funds Budgeted..................... State Funds Budgeted.....................

10,773,481
3,582,551 2,535,415
103,500 3,500 25,000
192,000 375,500 65,100 670,000
245,179
2,684,202 68,000
1,132,800 (57,228) 22,399,000 22,399,000

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

$

4,187,757

$

598,169

$

1,092,479

$

5,878,405

4,187,757 598,169
1,092,479 5,878,405

House Functional Budgets

Total Funds

State Funds

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total

$

8,454,318

$

439,323

$

1,098,584

$

9,992,225

8,454,318
439,323 1,098,584 9,992,225

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,209,811

$

2,095,854

$

849,417

$

1,373,288

$

6,528,370

2,209,811 2,095,854
849,417 1,373,288 6,528,370

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and

2030

JOURNAL OF THE HOUSE,

refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.
Budget Unit: Department of Audits............................. Operations Budget:
Personal Services........................................................ Regular Operating Expenses .................................... Travel........................................................................... Motor Vehicle Purchases .......................................... Equipment...................................................................
Per Diem, Fees and Contracts ................................. Real Estate Rentals................................................... Computer Charges...................................................... Telecommunications .................................................. Austerity Factor......................................................... Total Funds Budgeted............................................... State Funds Budgeted...............................................

15,501,251
12,845,653 372,246 800,289 117,000 81,500 32,500 812,014 400,986 91,575 (52,512)
15,501,251 15,501,251

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court..........................................

Section 4. Court of Appeals. Budget Unit: Court of Appeals ......................................

5,636,834

Section 5. Superior Courts. Budget Unit: Superior Courts ........................................
Operation of the Courts............................................ Prosecuting Attorneys' Council................................ Sentence Review Panel ............................................. Council of Superior
Court Judges...........................................................

40,879,772 38,919,642
839,406 148,086
85,219

WEDNESDAY, FEBRUARY 28, 1990
Judicial Administrative Districts.........................................................................................!
Habeas Corpus Clerk......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education..................................................$
Institute's Operations.................................................................! Georgia Magistrate Courts
Training Council..........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................! Payment to Council for Magistrate Court Judges................................................................................! Payment to Council for Probate Court Judges................................................................................! Payment to Council for State Court Judges................................................................................! Payment to Resource Center.........................................................! Payment to Computerized Information Network..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
Section 10. Indigent Defense Council. Budget JJnit: Indigent Defense
Council......................................................................! Grants............................................................................................! Operations....................................................................................! Total Funds Budgeted..........:.........................................................! State Funds Budgeted....................................................................!
PART III. EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Administration and Services Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................!

2031
872,419 15,000
40,879,772 40,879,772
777,311
596,170 463,140 133,030 596,170 596,170
1,850,596 779,927
76,500 35,047 26,000 20,000 12,000 240,000 661,122 1,850,596 1,850,596
122,834
999,863 950,000 49,863 999,863 999,863
28,123,869 47,791,267 10,738,162
334,800

2032

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal
Administration.............................................................................$ Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................? Direct Payments to Georgia Building Authority for Operations ....................................................................................$ Telephone Billings ..........................................................................$ Materials for Resale........................................................................? Public Safety Officers Indemnity Fund...........................................................................? Health Planning Review Board Operations....................................................................................? Georgia Golf Hall of Fame Operations....................................................................................? Authorities Liability Reserve Fund...............................................................................? Grants to Counties..........................................................................? Grants to Municipalities ................................................................$ Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

434,500 2,098,658 9,504,645 3,464,210 1,303,480
476,800 13,044,200
37,900
2,000,000
0
3,000,000 38,345,900 14,600,000
608,800
40,000
25,000
0 2,600,000 4,200,000
(31,431) 154,616,891 28,123,869

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

441,163 5,516,648
17,502,984
14,426,170 3,052,371
698,255
591,904 48,575,826 4,095,311 48,334,191 6,824,156
1,682,060 969,684
1,906,168 154,616,891

441,163 5,485,447
15,502,984
0 3,052,371
0
591,904 3,050,000
0 0 0 0 0 0 28,123,869

B. Budget Unit: Georgia Building Authority ................
Georgia Building Authority Budget:

WEDNESDAY, FEBRUARY 28, 1990

2033

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$
Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay .................................................................................$ Utilities.............................................................................................? Contractual Expenses.....................................................................? Fuel....................................................................................................? Facilities Renovations
and Repairs..................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

20,994,647 5,300,403
26,794 294,000 278,750 52,434 17,357 130,456 146,000 10,200,000 8,166,638 230,422
0
0 45,837,901
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds
Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

?

2,054,174

?

5,237,770

?

4,926,970

$

5,431,564

$

362,581

?

5,511,956

?

21,226,750

?

1,086,136

?

0

$

45,837,901

Section 12. Agency for the Removal of Hazardous Materials.
A. Budget Unit: Agency for the Removal of Hazardous Materials ...............
Operations Budget: Personal Services.............................................. Regular Operating Expenses.......................... Travel................................................................. Motor Vehicle Purchases ................................ Equipment......................................................... Computer Charges............................................ Real Estate Rentals......................................... Telecommunications ........................................ Per Diem, Fees and Contracts....................... Capital Outlay.................................................. Utilities.............................................................. Austerity Factor............................................... Total Funds Budgeted..................................... State Funds Budgeted.....................................

115,116
3,483,491 2,829,996
460,800 155,245 199,200
1,000
0
20,000 500,000
0 0 091) 7,649,541 115,116

Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture ................................ State Operations Budget:
Personal Services.............................................. Regular Operating Expenses..........................

35,953,832
30,759,491 3,671,245

2034

JOURNAL OF THE HOUSE,

Travel..............................................................................................$ Motor Vehicle Purchases ...............................................................? Equipment........................................................................................? Computer Charges.........................................................................-? Real Estate Rentals ........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Market Bulletin Postage ................................................................$
Payments to Athens and Tifton Veterinary Laboratories .............................................................$
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro...............................................................................-....$
Veterinary Fees................................................................................$ Indemnities.......................................................................................? Bee Indemnities...............................................................................? Advertising Contract.......................................................................? Payments to Georgia Agrirama
Development Authority for Operations....................................................................................? Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.........................................................? Capital Outlay.................................................................................? Contract - Federation of Southern Cooperatives................................................................? Tick Control Program....................................................................? Poultry Indemnities........................................................................? Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

930,524 576,608 210,500 520,676 731,153 415,000 306,275 700,000
2,471,549
2,080,793 547,000 91,000 40,000 205,000
596,585
400,000 0
60,000 50,000 50,000 (106,837) 45,306,472 35,953,832

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

$

5,046,474

$

7,283,545

?

2,026,940

$

3,844,076

?

4,699,316

?

1,545,422

?

3,119,544

?

6,364,055

$

4,250,648

?

4,549,771

$

417,045

?

2,159,636

?

45,306,472

4,697,474 6,974,545 1,982,136 3,844,076 4,631,519 1,545,422 3,103,957
4,785,344 1,574,857
929,821 0
1,884,681 35,953,832

B. Budget Unit: Georgia Agrirama Development Authority.
Georgia Agrirama Development Authority Budget: Personal Services..................................... Regular Operating Expenses ................. Travel........................................................

672,915 158,948
4,750

WEDNESDAY, FEBRUARY 28, 1990
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals........................................................................! Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance .............................................................$ Administration and Examination Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals.............................,..........................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 15. Department of Community Affairs. A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................! Contracts with Regional
Development Commissions ........................................................$ Local Assistance Grants.................................................................! Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................! Music Hall of Fame........................................................................! Local Development Fund...............................................................! Payment to Georgia Residential
Finance Authority .......................................................................$ Payment to Georgia Environmental
Facilities Authority for Operations....................................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................!

2035
27,000 13,178
0 0 9,248 43,038 312,852 95,000 1,336,929 0
6,749,505
5,597,979 264,344 309,368 175,581 20,100 116,628 232,000 53,000 2,000 (21,495)
6,749,505 6,749,505
17,382,942
5,893,224 283,005 198,900 0 20,560 163,509 482,916 59,750 192,000 50,000
2,625,000 1,673,000
140,322
30,000,000 50,000
1,550,000
5,000,000
477,040 (19,829) 48,839,397

2038

JOURNAL OF THE HOUSE,

Operations: Personal Services........................... Regular Operating Expenses .......
Travel .............................................. Motor Vehicle Purchases.............
Equipment...................................... Computer Charges.........................
Real Estate Rentals ...................... Telecommunications.....................
Per Diem, Fees and Contracts.... Utilities ...........................................
Capital Outlay ...............................
QBE Formula Grants: Kindergarten/Grades 1 - 3........... Grades 4 - 8....................................
Grades 9 - 12.................................. High School Laboratories............ Vocational Education
Laboratories...............................
Special Education.......................... Gifted.............................................. Remedial Education...................... Staff Development ........................
Professional Development............ Media.............................................. Indirect Cost ..................................
Pupil Transportation.................... Local Fair Share............................
Other Categorical Grants: Equalization Formula ...................
Sparsity Grants.............................. In School Suspension....................
Special Instructional Assistance. Middle School Incentive..............
Special Education Low Incidence Grants........................
Non-QBE Grants: Education of Children of LowIncome Families......................... Retirement (H.B. 272 and H.B. 1321)........ Instructional Services for the Handicapped .......................
Removal of Architectural Barriers.......................................
Tuition for the Multi-Handicapped...................
Severely Emotionally Disturbed.
School Lunch (Federal)................ School Lunch (State) .................... Supervision and Assessment of
Students and Beginning Teachers and Performance -
Based Certification.................... Regional Educational
Service Agencies........................ Georgia Learning Resources
System.........................................

42,470,945 5,063,048 1,357,669 94,000 570,070 6,358,408 2,270,533 1,522,540
20,579,467 769,704 0
664,790,104 573,829,139 264,280,263 85,765,806
84,673,975 205,216,284 27,892,452 48,703,644
7,264,367 19,008,461 107,615,329 585,454,351 115,362,396 (517,248,380)
143,766,119 3,635,563 13,240,549 23,660,574 26,591,059
100,000
94,501,492
2,700,000
23,177,937
0
2,300,000 34,165,937 113,396,789 24,064,661
6,960,791
6,468,884
2,278,200

WEDNESDAY, FEBRUARY 28, 1990

2039

High School Program .....................................................................$ Special Education in
State Institutions.........................................................................! Governor's Scholarships.................................................................! Special Projects ...............................................................................$ Job Training Partnership Act .......................................................$
Vocational Research and Curriculum....................................................................................!
Salaries and Travel of Public Librarians.........................................................................!
Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & O....................................................................! Grants to Local School Systems
for Educational Purposes...........................................................! Child Care Lunch
Program (Federal) .......................................................................$ Chapter II - Block Grant
Flow Through...............................................................................! Payment of Federal Funds to
Board of Technical and Adult Education......................................................................................! Innovative Programs.......................................................................! Technology Grants..........................................................................! Limited English - Speaking Students Program .......................................................................! Drug Free School (Federal)...........................................................! Transition Program for Refugees .................................................$ Emergency Immigrant Education Program........................................................................................! Title II Math/Science Grant (Federal).......................................................................................! Robert C. Byrd Scholarship (Federal).......................................................................................! QBE Weights Adjustment .............................................................$ Health Insurance - Non-Cert. Personnel and Retired Teachers...............................................! Pre-School Handicapped Program...............................................! Mentor Teachers.............................................................................! Middle School Counselors..............................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$

13,148,706
3,560,399 1,140,743
0 3,084,680
366,540
9,888,505 4,700,350
834,085 3,777,271
0
16,787,825
10,026,258
11,701,897 2,453,089 1,000,000
3,959,076 2,700,000
100,000
100,000
345,900
154,000 28,335,344
59,583,875 1,360,000
375,000 5,100,000 (135,722) 3,059,120,951
0

State Funds Budgeted....................................................................!

Education Functional Budgets

Total Funds

State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission

$

12,638,609

$

17,724,160

$

1,120,033

$

10,675,561

$

16,826,058

$

4,620,064

$

361,279

2,754,905,650

State Funds

$

12,054,240

$

9,507,447

$

1,079,274

$

6,891,914

$

16,430,402

$

3,216,271

$

361,279

2042

JOURNAL OF THE HOUSE,

Payments to Hazardous Waste Management Authority ..........
Transition Fund .......................... Austerity Factor .......................... Total Funds Budgeted................ State Funds Budgeted................

200,000 50,000
(34,041) 56,487,873 21,394,323

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Growth Strategies Commission Human Relations Comission Total

5,707,315
918,479
5,094,014 4,093,510 2,188,560 33,259,251
339,491
659,035
753,020
1,624,648
1,682,374 0
168,176 56,487,873

!

5,707,315

!

838,479

!

5,094,014

!

3,574,510

!

2,188.560

!

381,007

!

139,491

!

659,035

!

483,714

!

477,648

!

1,682,374

!

0

!

168,176

!

21,394,323

Section 23. Department of Human Resources. A. Budget Unit: Departmental
Operations ................................................................$ 1. General Administration and
Support Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................!
Institutional Repairs and Maintenance.................................................................................!
Payments to DMA Community Care .........................................................................$
Service Benefits for Children........................................................! Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................!

522,859,217
66,785,291 3,919,846 1,808,450
935,174 190,389 3,122,641 5,823,382 1,393,628 3,575,241 390,975 1,517,080
0
200,000
10,152,954 13,382,850
258,000 36,175,037
(127,993) 149,502,945

WEDNESDAY, FEBRUARY 28, 1990

2043

Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

0 69,544,686

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulations Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total

811,800 1,883,845
345,596 1,840,784
0 5,344,323
601,220
913,889 1,757,290 5,597,997 2,154,722
543,500
13,382,850 543,955
8,893,046
735,083 2,589,792
810,275
6,415,381 466,781 881,571
5,956,637 31,300,408 13,505,858 40,802,702
1,423,640 149,502,945

811,800 1,883,845
345,596 1,840,784 (7,006,985) 3,833,990
601,220
913,889 1,757,290 5,597,997 2,154,722
543,500
12,795,132 152,300
725,083 2,589,792
476,972
1,778,486 466,781 664,481 124,620
5,083,247 12,698,792 17,340,712
1,370,640 69,544,686

2. Public Health Budget: Personal Services........................ Regular Operating Expenses .... Travel........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications .................. Per Diem, Fees and Contracts. Utilities ........................................ Postage......................................... Crippled Children Clinics ......... Grants for Regional Intensive Infant Care.............

51,087,039 60,069,521
1,271,249 0
165,937 609,634 1,122,557 783,559 3,671,442
0 115,370 640,000
4,936,795

2044

JOURNAL OF THE HOUSE,

Grants for Regional Maternal and Infant Care..............
Crippled Children Benefits................ Kidney Disease Benefits.................... Cancer Control Benefits..................... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants.................................... Family Planning Benefits .................. Grants-In-Aid to Counties................. Purchase of Service Contracts .......... Special Purpose Contracts................. Austerity Factor................................. Total Funds Budgeted........................ Indirect DOAS Services Funding..... State Funds Budgeted........................

Public Health Functional Budgets

Total Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grants in Aid to Counties
Community Health Management

889,399 390,453 1,335,275 1,882,070 1,063,937 1,043,083
2,038,352 1,538,351
608,496
1,610,469
1,705,601 12,789,944 10,618,174 3,189,944 10,519,558 60,669,402 1,845,012 12,373,994 1,408,276
699,136 4,076,787 1,022,813 5,408,408 3,038,111
10,755,099 974,134
3,670,500
4,624,942 57,885,350
514,797

2,055,000 7,600,000
415,000 2,837,470
2,358,000 520,790
70,664,239 12,989,426 6,417,887 (480,203) 229,850,712
0 135,522,094
State Funds
889,399 325,453 1,250,275 1,714,013 1,063,937 968,496
1,508,352 964,148 0
326,687
1,552,057 6,702,379 9,391,483 1,089,489 6,486,318
0 1,634,837 10,131,024 1,408,276
699,136 3,960,929
534,041 5,288,408 1,977,611
10,755,099 775,783
3,164,940
4,624,942 50,949,101
431,665

WEDNESDAY, FEBRUARY 28, 1990

2045

Community Care Aids
Total

3,172,060 6,488,785 229,850,712

1,256,060 3,697,756 135,522,094

3. Rehabilitation Services Budget: Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................!
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Capital Outlay.................................................................................! Postage..............................................................................................! Institutional Repairs
and Maintenance.........................................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Special Purpose Contracts .............................................................$
Purchase of Services Contracts.....................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................!
State Funds Budgeted....................................................................!

67,090,176 9,860,836
817,417 40,275 328,814 1,950,090 3,169,604 1,434,453 4,502,068 977,500
0 425,050
234,000 16,400,000
52,000 939,000 7,350,000 (44,968) 115,526,315
0 25,342,230

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

4,091,824 1,027,401
7,704,103
18,476,849
13,091,044 24,752,004
812,694 36,933,437
520,340 1,478,519 6,205,550
432,550 115,526,315

1,307,286 876,197
1,559,975
5,201,754
745,339 0 0
7,985,015 315,340 713,224
6,205,550 432,550
25,342,230

4. Family and Children Services Budget:
Personal Services..................... Regular Operating Expenses. Travel........................................ Motor Vehicle Purchases....... Equipment................................ Computer Charges...................
Real Estate Rentals................

15,319,718 1,495,718
401,331 0
82,091 15,605,189
234,908

2046

JOURNAL OF THE HOUSE,

Telecommunications ....................... Per Diem, Fees and Contracts ...... Utilities ............................................. Postage .............................................. Cash Benefits................................... Grants to County DFACS -
Operations.................................... Service Benefits for Children........ Special Purpose Contracts............. Purchase of Service Contracts ...... Austerity Factor.............................. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted ....................

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement
Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program Total

$

1,398,919

$ 337,209,978

$

100

$

10,051,000

$

63,344,375

$

95,849,856

$

51,160,467

$

7,070,286

$

2,512,000

$

853,678

$

4,543,993

$

4,172,227

$

4,803,149

$

18,573,984

$

3,032,266

$

0

$

2,427,505

$

2,000,000

$

23,098,678

$

3,255,404

$

1,382,106

$

4,398,292

$

15,865,300

$

154,200

$

776,500

$

1,207,050

$

3,461,793

$

2,548,501

$ 665,151,607

Budget Unit Object Classes: Personal Services...................... Regular Operating Expenses..

1,318,156 5,816,986
9,373 1,587,359 347,805,997
220,288,485 49,910,685 3,592,550 2,306,200
(623,139) 665,151,607
0 292,450,207

State Funds

$

0

$ 129,738,948

$

100

$

0

$

15,738,636

$

47,905,759

$

25,195,838

$

7,070,286

$

0

$

853,678

$

3,741,700

$

4,172,227

$

2,285,510

$

9,947,599

$

3,032,266

$ (6,979,557)

$

2,017,747

$

2,000,000

$

16,343,357

$

2,806,000

$

1,187,428

$

2,832,797

$

15,865,300

$

154,200

$

776,500

$

1,184,595

$

3,305,043

$

1,274,250

$ 292,450,207

200,282,224 75,345,921

WEDNESDAY, FEBRUARY 28, 1990
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay .................................................................................$ Grants for Regional
Intensive Infant Care..................................................................! Grants for Regional
Maternal and Infant Care..........................................................$ Crippled Children Benefits............................................................! Crippled Children Clinics ..............................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits ..............................................................$ Grant-In-Aid to Counties...............................................................! Payments to DMA-Community Care...........................................! Service Benefits for Children........................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants for County DFACS Operations....................................................................................! Institutional Repairs and Maintenance.........................................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................$ Austerity Factor..............................................................................!
B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions...............................................................!
Departmental Operations: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Capital Outlay.................................................................................! Authority Lease Rentals ................................................................$ Institutional Repairs and Maintenance.................................................................................! Grants to County-Owned Detention Centers.......................................................................!

2047
4,298,447 975,449 767,231
21,287,554 10,350,451 4,929,796 17,565,737 1,377,848 3,644,859
0
4,936,795
2,055,000 7,600,000
640,000 415,000 2,837,470
2,358,000 520,790
70,664,239 10,152,954 63,293,535 16,400,000
52,000 347,805,997
220,288,485
434,000 11,207,437 58,820,663 (1,276,303)
517,058,790
405,197,149 37,912,868 1,272,583 753,625 3,994,342 4,994,492 1,537,534 3,287,446 7,017,334 13,835,528 0 1,734,166
2,211,320
2,773,270

2048

JOURNAL OF THE HOUSE,

Substance Abuse Community Services...................
Mental Retardation Community Services...................
Mental Health Community Services...................
Community Mental Health Center Services............................
Special Purpose Contracts............. Service Benefits for Children ........ Purchase of Service Contracts ...... Austerity Factor..............................
Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

43,122,295
92,643,843
18,379,466
62,850,323 1,495,600 5,683,940 613,000
(1,400,400) 709,909,724
0 517,058,790

Community Mental Health/Mental Retardation, Youth Services and Institutions Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children

40,427,121 32,409,363
30,652,916
23,198,145
30,300,317
32,292,144 137,424,097
26,134,880
47,292,235
23,400,320 3,268,754
9,473,158
4,627,173
990,872
69,963,585 17,999,593
667,658 487,756 1,581,694
62,636,022 403,103
1,629,592
297,101

25,174,098 13,512,513
26,334,858
19,711,283
22,653,158
24,143,105 90,002,340
22,188,968
23,913,652
18,814,626 2,418,103
9,389,828
3,046,422
0
42,227,585 17,999,593
639,193 487,756 1,390,917
46,805,527 403,103
1,407,592
297,101

WEDNESDAY, FEBRUARY 28, 1990

Project Friendship Community Mental
Retardation Staff Community Mental Retardation
Residential Services Contract with Clayton County
Board of Education for Autistic Children MH/MR/SA Admininistration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Substance Abuse Residential Services Total

336,518
3,757,781
17,188,954
78,438 10,874,571
19,877,592 11,033,054 7,708,939 4,225,993 4,186,484 14,259,760 2,954,659 1,010,577
738,755 7,181,409
774,390
442,417
2,503,639
3,218,195 709,909,724

Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade................................................... State Operations Budget:
Personal Services............................................................... Regular Operating Expenses ........................................... Travel.................................................................................. Motor Vehicle Purchases ................................................. Equipment.......................................................................... Computer Charges............................................................. Real Estate Rentals .......................................................... Telecommunications ......................................................... Per Diem, Fees and Contracts ........................................ Local Welcome Center Contracts ................................... Advertising and Cooperative
Advertising..................................................................... Georgia Ports Authority
Authority Lease Rentals............................................... Historic Chattahoochee
Commission Contract.................................................... Georgia Council for
International Visitors.................................................... Waterway Development in
Georgia............................................................................
Georgia Music Week Promotion.....................................
Georgia World Congress Center
Operating Expenses ......................................................

2049
336,518
3,757,781
17,188,954
78,438 8,360,857
19,387,592 10,645,201 7,633,496 4,101,270 3,741,756 14,259,760 2,954,659 1,010,577
738,755 6,181,409
774,390
442,417
2,503,639
0 517,058,790
18,090,947
7,748,933 1,721,533
349,000 34,880 73,000 135,260 649,340 260,000 300,650 265,000
5,651,184
1,785,000
0
25,000
0 35,000

2050

JOURNAL OF THE HOUSE,

Contract - Georgia Association of Broadcasters ............................................................................$
Southern Center for International Studies ..................................................................$
Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

53,000
25,000 0
(30,709) 19,081,071 18,090,947

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

5,642,430

$

5,104,520

$

8,334,121

$

19,081,071

$

4,832,430

?

4,944,520

$

8,313,997

$

18,090,947

Section 25. Department of Insurance.

Budget Unit: Department of Insurance.

$

Operations Budget:

Personal Services.............................................................................!

Regular Operating Expenses .........................................................$

Travel................................................................................................$

Motor Vehicle Purchases ...............................................................$

Equipment........................................................................................?

Computer Charges...........................................................................?

Real Estate Rentals ........................................................................$

Telecommunications.......................................................................?

Per Diem, Fees and Contracts......................................................?

High Risk Health Insurance Board..............................................?

Austerity Factor..............................................................................?

Total Funds Budgeted....................................................................?

State Funds Budgeted....................................................................?

13,660,876
11,774,373 563,361 751,170 96,000 64,183 480,405 525,176 249,225 51,600 0 (39,545)
14,515,948 13,660,876

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulation Total

?

2,146,696

?

6,613,544

?

700,705

?

5,055,003

?

14,515,948

?

2,146,696

?

6,468,544

?

700,705

?

4,344,931

?

13,660,876

Section 26. Department of Labor. Budget Unit: Department of Labor....................................................? State Operations:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and

8,333,164
63,975,800 5,381,433 1,021,174
0 458,221 3,566,198 1,263,002 1,415,647

WEDNESDAY, FEBRUARY 28, 1990

2051

Contracts(JTPA) .........................................................................$ Per Diem, Fees and Contracts ......................................................$ W.I.N. Grants ..................................................................................$ Payments to State Treasury..........................................................$ Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

64,634,911 1,791,256 0 1,774,078 1,143,000 (47,078)
146,377,642 8,333,164

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices Administrative Services Employment and Training
Services Total

5,657,066 18,295,535
122,425,041 146,377,642

897,767 2,841,494
4,593,903 8,333,164

Section 27. Department of Law. Budget Unit: Department of Law.......................................................$
Attorney General's Office Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library .................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,331,170
8,419,064 420,000 132,000 0 46,356 224,635 462,241 98,164 60,000 110,000 (31,290)
9,941,170 9,331,170

Section 28. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Medicaid Benefits, Penalties
and Disallowances.......................................................................! Payments to Counties for
Mental Health..............................................................................!
Audit Contracts..........................................................,....................! SFY 1990 Benefits ..........................................................................$
Austerity Factor .........................................................,....................$ Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

735,127,858
13,013,034 602,926 195,670 0 73,625
14,993,335 935,973 385,605
26,396,598
1,941,106,826
41,482,424 772,500
47,666,386 (22,330)
2,087,602,572 735,127,858

2052

JOURNAL OF THE HOUSE,

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Offices Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursements Benefits, Penalties
and Disallowances Total

1,976,082 27,398,749 17,302,142 2,834,298 4,495,379
3,362,616
2,030,233,306 2,087,602,572

$

859,457

$

2,389,421

$

4,792,584

$

471,527

$

1,737,009

$

1,629,214

$ 723,248,646 $ 735,127,858

Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ................................... .....................3 Departmental Operations Budget:
Personal Services.................. ...........................................................$ Regular Operating Expenses .........................................................$
Equipment...................... ............. Computer Charges...................... Real Estate Rentals ................... Telecommunications .................. Per Diem, Fees and Contracts . Health Insurance Payments ...... Austerity Factor ......................... Total Funds Budgeted............... Agency Assessments....................
Employee and Employer Contributions ...........................
Deferred Compensation.. State Funds......................

0
8,077,287 1,672,096
84,509 55,553 3,108,575 885,042 415,177 63,190,077 593,308,729 (31,812) 670,765,233 9,838,416
660,855,932 70,885 0

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office
Total

2,749,086
1,223,566 1,281,210
1,363,140
17,721,108 642,459,260
2,403,660 1,564,203 670,765,233

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources.................................................. Operations Budget:
Personal Services.............................................................

77,330,932 59,707,200

WEDNESDAY, FEBRUARY 28, 1990
Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Land and Water Conservation
Grants............................................................................................$ Recreation Grants ...........................................................................$ Contract with U. S. Geological
Survey for Ground Water Resources Survey.........................................................................! Contract with U. S. Geological Survey for Topographic Maps...................................................! Capital Outlay - Repairs and Maintenance.........................................................................! Capital Outlay - Shop Stock Parks.............................................................................................! Capital Outlay-Heritage Trust......................................................! Authority Lease Rentals ................................................................$ Cost of Material for Resale ...........................................................$ Payments to Lake Lanier Islands Development Authority..............................................................! Contract - Special Olympics, Inc..................................................................................................! Georgia Sports Hall of Fame.........................................................! Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition................................................................! Capital Outlay - User Fee Enhancements - Parks................................................................! Capital Outlay - Buoy Maintenance.................................................................................! Capital Outlay - Consolidated Maintenance - Game and Fish..................................................$ Technical Assistance Contract......................................................! Capital Outlay .................................................................................$ Contract - Georgia Rural Water Association........................................................................! Contract - Corps of Engineers (Cold Water Creek St. Park).....................................................$ Advertising and Promotion............................................................! Payment to Georgia Agricultural Exposition Authority ..................................................................$ Historic Preservation Grant..........................................................! Environmental Facilities Grants...................................................! Georgia Boxing Commission..........................................................! Lanier Regional Committee...........................................................!
Paving at State Parks and Historic Sites................................................................................!
Grant - Chehaw Park Authority...................................................! Grant - Zoo Atlanta........................................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Receipts from Jekyll Island
State Park Authority..................................................................!

2053
11,941,210 516,190
1,594,437 2,173,104
743,627 1,837,353 1,157,997 1,515,720
800,000 550,000
300,000
125,000
2,361,700
350,000 225,000 865,000 2,318,000
0
206,000 50,000
510,000
2,082,000
20,000
0 125,000 385,000
0
300,000 150,000
2,379,900 275,000
6,500,000 6,000 0
500,000 250,000 250,000 (230,358) 102,840,080
314,594

2054

JOURNAL OF THE HOUSE,

Receipts from Stone Mountain Memorial Association .................................................................$
Indirect DOAS Funds.....................................................................$
State Funds Budgeted....................................................................!

815,000 0
77,330,932

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Total

$

8,547,168

$

27,584,065

$

37,248,324

$

27,589,590

$

1,870,933

$ 102,840,080

$

6,268,605

$

23,634,839

$

21,726,049

$

23,920,506

$

1,780,933

$

77,330,932

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................?
Operations Budget: Personal Services.............................................................................!
Regular Operating Expenses .........................................................$ Travel................................................................................................!
Motor Vehicle Purchases...............................................................! Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$
Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!
Capital Outlay.................................................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
1,432,445 1,344,116
24,000 11,000 69,088 27,000
0 17,500 490,826
0 3,415,975
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

!

3,415,915

$

0

Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................................................! 1. Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

86,663,472
48,644,899 7,350,589
153,500 2,885,000
953,050 4,758,000
67,491 1,129,000
180,000
200,000 0
(189,025) 66,132,504
0 66,132,504

WEDNESDAY, FEBRUARY 28, 1990

2055

2. Driver Services Budget: Personal Services..................... Regular Operating Expenses .
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Conviction Reports .........................................................................$ Driver License Processing ..............................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding...................................................$ State Funds Budgeted....................................................................!

15,040,760 1,625,434
36,920
0 128,497 28,000 37,507 361,600 88,350 2,025,000 232,500 981,600 (55,200) 20,530,968
0 20,530,968

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

18,695,526

$

20,530,968

$

47,436,978

$

86,663,472

18,695,526 20,530,968 47,436,978 86,663,472

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,457,184
7,286,522 2,746,653
125,500 37,500 194,050 428,705 97,078 163,550 869,000 2,843,665
0 (28,904) 14,763,319 14,130,319

2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants ..................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted..............................................................-....-! State Funds Budgeted....................................................................!

409,670 28,600 13,000
0 0 40,000 69,988 4,000 23,800 3,500,000 (815) 4,088,243 326,865

2056

JOURNAL OF THE HOUSE,

Attached Units Functional Budgets

Total Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total

4,088,243
4,853,482 1,008,478 1,238,431
433,620
321,384
6,907,924 18,851,562

State Funds

$

326,865

$

4,853,482

$

988,478

$

1,158,431

$

433,620

$

321,384

$

6,374,924

$

14,457,184

Section 32. Public School Employees'
Retirement System. Budget Unit: Public School Employees'
Retirement System .................................................$ Departmental Operations Budget:
Payments to Employees' Retirement System..................................................................?
Employer Contributions.................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

12,089,043
389,043 11,700,000 12,089,043 12,089,043

Section 33. Public Service Commission.
Budget Unit: Public Service Commission..............................................................?
Departmental Operations Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................?
. Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

7,830,791
6,578,134 418,270 244,500 52,324 92,699 303,673 309,828 120,716
1,232,000 (21,922) 9,330,222 7,830,791

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration
Transportation Utilities Total

?

1,735,657

?

3,198,241

?

4,396,324

?

9,330,222

1,735,657 1,857,254 4,237,880 7,830,791

Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ........................................ Resident Instruction Budget:

787,069,025

WEDNESDAY, FEBRUARY 28, 1990
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................! Special Desegregation Programs...................................................! Forestry Research............................................................................! Research Consortium......................................................................! Eminent Scholars Program............................................................! Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
B. Budget Unit: Regents Central Office and Other Organized Activities...................................................................!
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................! Fire Ant and Environmental Toxicology Research...................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...................................................................! Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Center for Rehabilitation Technology...................................................................................! SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia Military College...........................................................................! CRT Inc. Contract at Georgia Tech Research Institute.......................................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Departmental Income .....................................................................$ Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding.................................................!

2057
819,822,974 110,000,000
219,705,743 125,000,000 14,000,000
350,000 380,000 302,000 100,000
0 0 0 1,289,660,717 31,000,000 235,000,000 236,591,692 0 787,069,025
146,822,449
206,152,204 65,005,330
92,912,194 36,173,630
232,000 2,088,427
1,450,618
2,759,684 2,594,400
158,000
737,778 9,193,650 1,017,750
600,000 200,000
865,000
211,000 (356,023) 421,995,642
0 98,660,299 176,512,894
0

2058

JOURNAL OF THE HOUSE,

State Funds Budgeted..

146,822,449

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

$

1,757,407

$

3,688,492

$

1,437,178

$ 125,653,141

$

5,974,287

$

51,140,296

$

50,004,022

$ 148,991,908

$

3,018,473

$

2,354,820

$

6,198,100

$

1,905,403

$

2,543,435

$

17,328,680

$ 421,995,642

$

1,233,407

$

1,556,193

$

987,178

$

13,625,808

$

2,296,287

$

34,775,419

$

33,704,022

$

31,552,288

$

3,018,473

$

521,820

$

6,198,100

$

0

$

24,774

$

17,328,680

$ 146,822,449

C. Budget Unit: Georgia Public Telecommunications Commission.........................
Public Telecommunications Commission Budget:
Personal Services........................................ Operating Expenses................................... Austerity Factor......................................... Total Funds Budgeted............................... Other Funds................................................ State Funds Budgeted...............................

8,045,499
5,980,801 8,084,722
(12,733) 14,052,790 6,007,291 8,045,499

Section 35. Department of Revenue. Budget Unit: Department of Revenue.......... Operations Budget:
Personal Services........................................ Regular Operating Expenses .................... Travel ...........................................................
Motor Vehicle Purchases .......................... Equipment................................................... Computer Charges...................................... Real Estate Rentals................................... Telecommunications .................................. Per Diem, Fees and Contracts.................

80,280,289
47,817,473 3,999,677 1,410,700
174,200 589,825 9,747,765 4,728,258 764,568 266,275

WEDNESDAY, FEBRUARY 28, 1990

2059

County Tax Officials/Retirement andFICA......................................
Grants to Counties/Appraisal Staff ...............................................
Motor Vehicle Tags and Decals.... Postage.............................................. Austerity Factor.............................. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

3,064,285
1,430,000 3,167,650 3,305,260 (185,647) 80,280,289
0 80,280,289

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

7,737,710 11,888,831 3,632,870 16,743,536 8,277,172 16,574,540 6,414,083 4,557,193 4,454,354 80,280,289

7,737,710 11,888,831 3,632,870 16,743,536 8,277,172 16,574,540 6,414,083 4,557,193 4,454,354 80,280,289

Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment...................................................... ..................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................? Election Expenses ...........................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................?

22,159,846 14,763,904 2,255,094
235,200 96,500 77,121 826,611 2,272,731 300,095 740,856 650,000 (58,266) 22,159,846 22,159,846

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total

3,141,596 4,742,892
4,376,570
1,341,398 960,317 193,517
7,403,556 22,159,846

3,141,596 4,742,892
4,376,570
1,341,398 960,317 193,517
7,403,556 22,159,846

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy

40,000

$

240,743

2060

JOURNAL OF THE HOUSE,

S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission
S.B. of Barbers G.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry
G.B. of Examiners of Licensed Dieticians
S.B. of Professional Engineers and Land Surveyors
S.B. of Registration for Foresters
S.B. of Funeral Services
S.B. of Registration for Professional Geologists
S.B. of Hearing Aid Dealers and Dispensers
G.B. of Landscape Architects S.B. for the Certification
of Librarians Georgia Composite Board of
Professional Counselors,
Social Workers and Marriage and Family Therapists
Composite S.B. of Medical Examiners
S.B. of Nursing Home Administrators
G.B. of Nursing
S.B. of Dispensing Opticians S.B. of Examiners
in Optometry S.B. of Occupational Therapy
S.B. of Pharmacy S.B. of Physical Therapy
S.B. of Podiatry Examiners S.B. of Polygraph Examiners G.B. of Examiners of
Licensed Practical Nurses
G.B. of Private Detective and Security Agencies
S.B. of Examiners of Psychologists
S.B. of Recreation Examiners S.B. of Examiners for Speech
Pathology and Audiology S.B. of Registration for
Used Car Dealers S.B. of Registration for
Used Motor Vehicle Dismantlers, Rebuilders
and Salvage Dealers

91,500 800
8,300 19,000
21,000
112,000 46,500 63,000
7,700
74,000
3,600 20,500
3,900
7,000 15,400
2,400
104,000
72,000
13,500 7,500 11,500
26,000 81,000 17,000 5,500 3,800 50,800
13,500
18,000
17,500 9,000
6,500
14,600
11,300

196,650 7,396 52,203
142,493
146,921
623,648 828,762 363,856
22,868
343,966
32,929 177,307
20,295
48,693 44,615
18,454
1,155,353
966,882
53,381 24,173 44,382
73,733
528,087 64,653 15,387 33,282 581,601
304,841
122,034
71,925 33,477
28,069
218,710
51,274

WEDNESDAY, FEBRUARY 28, 1990

2061

S.B. of Veterinary Medicine S.B. of Examiners for
Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis Total

$

45,500

$

14,700

$

1,087,800

129,196
160,266 7,988,806

B. Budget Unit: Real Estate Commission. Real Estate Commission Budget:
Personal Services:.................................... Regular Operating Expenses................. Travel........................................................ Motor Vehicle Purchases....................... Equipment................................................ Computer Charges................................... Real Estate Rentals ................................. Telecommunications ............................... Per Diem, Fees and Contracts.............. Austerity Factor...................................... Total Funds Budgeted............................ State Funds Budgeted............................

1,566,286
903,760 140,000 12,000 19,000 16,400 235,721 113,700 22,000 107,300 (3,595) 1,566,286 1,566,286

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

1,566,286

1,606,286

Section 37. Soil and Water Conservation Committee.
Budget Unit: Soil and Water Conservation Committee .......................................$
Soil and Water Conservation Budget Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Conservation Grants .........................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,959,277
942,188 127,871 72,300 10,450 19,600
5,600 50,405 19,220 442,420 610,396 (3,448) 2,297,002 1,959,277

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................! Administration Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................!

23,380,129
4,169,264 382,851 65,800 12,000 25,000 357,668 132,000

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JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts......................................................! Payment of Interest and Fees.......................................................$ Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................$ Law Enforcement Personnel
Dependents' Grants ....................................................................$ North Georgia College
ROTC Grants...............................................................................$ Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship
Grants............................................................................................! Paul Douglas Teacher
Scholarship...................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

17,757 381,625 4,210,000 15,032,175 5,020,320
38,000
104,500 200,000
462,030
444,425 31,055,415 23,380,129

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total

5,162,340
381,625
25,511,450 31,055,415

0
381,625
22,998,504 23,380,129

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System......................................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!
Cost-of-Living Increases for Local Retirement System Members ....................................................$
Floor Fund for Local Retirement Systems....................................................................!
Post Retirement Benefit Increases for Retirees..................................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,700,000
2,915,000 307,000 26,000 9,000
1,119,000 301,000 114,000 339,000
2,950,000
750,000
0 8,830,000 3,700,000

Section 40. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education..............................................!
Department of Technical and Adult Education Budget:

130,079.068

WEDNESDAY, FEBRUARY 28, 1990

2063

Personal Services..................... Regular Operating Expenses . Travel ........................................ Motor Vehicle Purchases .......
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................! Regents Program.............................................................................! Adult Literacy Grants ....................................................................$ Austerity Factor ..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,060,896 340,242 128,000
0 8,000 704,701 442,636 62,000 1,634,800 85,298,283 19,660,207 50,000 5,819,976
25,924,147 2,834,381
7,813,654 (450,000) 154,331,923 130,079,068

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

7,336,425 146,965,498 154,331,923

!

6,240,369

! 123,838,699

! 130,079,068

Section 41. Department of Transportation. Budget Unit: Department of
Transportation ................................. For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services...................................................... Regular Operating Expenses.................................. Travel ......................................................................... Motor Vehicle Purchases........................................ Equipment.................................................................
Computer Charges.................................................... Real Estate Rentals................................................. Telecommunications................................................ Per Diem, Fees and Contracts ............................... Capital Outlay.......................................................... Grants to Counties................................................... Grants to Municipalities......................................... Capital Outlay - Airport
Approach Aid and Operational Improvements....................................................... Capital Outlay - Airport Development ......................................................... Mass Transit Grants................................................
Savannah Harbor Maintenance Payments ...............................................................
Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction.............................................
G.O. Debt Sinking Fund.........................................

504,144,923
236,105,509 55,355,731
1,818,631 1,011,000 5,056,695 4,644,846 1,356,023 2,200,916 10,505,640 511,466,259 9,317,013 9,317,000
1,467,500
0 8,509,511
1,217,000
0 10,640,000

2064

JOURNAL OF THE HOUSE,

Austerity Factor............ Total Funds Budgeted.. State Funds Budgeted..

(7,861) 869,981,413 504,144,923

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Total

$ 562,155,251

$ 242,684,790

$

8,744,767

$

9,317,013

$

22,580,214

$ 845,482,035

$ 217,321,831

$ 231,218,210

$

8,107,732

$

9,317,013

$

22,035,214

$ 488,000,000

General Funds Budget

Total Funds

State Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Total

$

9,317,000

0 1,757,060
12,208,318
1,217,000 24,499,378

$

9,317,000

0 1,257,060
4,353,863
1,217,000 16,144,923

Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ................................................... Departmental Operations Budget:
Personal Services.......................................................... Regular Operating Expenses...................................... Travel............................................................................. Motor Vehicle Purchases ............................................ Equipment..................................................................... Computer Charges........................................................ Real Estate Rentals ..................................................... Telecommunications .................................................... Per Diem, Fees and Contracts ................................... Capital Outlay .............................................................. Operating Expense/Payments to
Central State Hospital.............................................
Operating Expense/Payments to Medical College of Georgia.....................................
Regular Operating Expenses for Projects and Insurance......................................
Austerity Factor........................................................... Total Funds Budgeted................................................. State Funds Budgeted.................................................

21,692,772
4,827,118 121,252 89,000 0 89,420 13,812 227,338 56,000 20,100 0
15,193,873
5,859,083
214,000 (51,200) 26,659,796 21,692,772

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville

5,352,063 15,380,906

$

5,130,693

$

12,064,144

WEDNESDAY, FEBRUARY 28, 1990

2065

Veterans Nursing Home - Augusta
Total

$

5,926,827

$

26,659,796

$

4,497,935

$

21,692,772

Section 43. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board ........................................................................$
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Georgia Crime Victims Assistance Program........................................................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,231,498
6,729,669 307,375 68,350 0 3,830 218,900 614,677 104,660 110,500
200,000 (26,463) 8,331,498 8,231,498

Section 44. State of Georgia General
Obligation Debt Sinking Fund. Budget Unit: State of Georgia
General Obligation Debt Sinking Fund (Issued)............................................! State of Georgia General Obligation Debt Sinking Fund (New)...............................................!

291,935,475 26,305,500

Section 45. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 46. Provisions Relative to Section 4, Court of Apeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 47. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, !20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

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JOURNAL OF THE HOUSE,

Section 48. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 49. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 50. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 51. Provisions Relative to Section 18, State Board of Education - Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,632.38. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education - Low Incidence Grants to finance the direct instructional costs for - low incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1991.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 1991 on the basis of oneeighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1991 that it contributed during SFY 1990.
Provided, however, that professional development funds may be used to provide study grants directly to individuals, to provide for courses and to provide for the administration and development of testing.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Section 52. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resourses is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and

WEDNESDAY, FEBRUARY 28, 1990

2067

not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 550 568

It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of the MH-MR-SA institutions for fiscal year 1991 that was authorized in fiscal year 1987.
The Division of Mental Health, Mental Retardation and Substance Abuse is authorized and directed to expend an amount not to exceed $2,340,000 of receipts from the Department of Medical Assistance in excess of the $74,000,000 of such receipts contemplated in this appropriations act. Such funding shall be applied toward the following programs and purposes in no more than the amounts shown thereby:

Regular Operating Expense State institutions
Computer Charges - State and Regional Hospitals
Per Diem, Fees and Contracts Physician coverage at State institutions
Community Mental Health, Mental Retardation and Substance Abuse programs
3 MR residential slots in Chatham Co.

$ 531,000
65,000
139,000
1,550,000 55,000

In any instance in which such excess receipts from the Department of Medical Assistance may not be applied toward the purposes listed above, the Department is authorized to transfer State funds to accomplish the intent of this paragraph.
Provided, that Central State Hospital is authorized to utilize surplus funds, not to exceed $497,500, for replacement of TV distribution lines in Veterans Assistance facilities, Corrections Department facilities and MH/MR facilities.
Provided, that Southwestern State Hospital is authorized and directed to add six (6) HST positions to the Adult Mental Health Unit.

Section 53. Provisions Relative to Section 24, Department of Industry and Trade. The scheduled contractual payments by the Georgia Ports Authority to the State Treasury through the Department of Industry and Trade are to be reduced $2,942,776 for Fiscal Year 1991 and for each succeeding fiscal year until Fiscal Year 2007. The intent of this reduction is to provide to the Georgia Ports Authority refinancing benefits that will acrue to the State as a result of the 1986B General Obligation Refunding Bonds.

Section 54. Provisions Relative to Section 26. Department of Labor. The Department of Labor is authorized to transfer up to $1,774,078 of funds budgeted for State Treasury Payments to Personal Services for the purpose of supplanting Federal funds in order to avoid closing Department offices during regular work periods. The exercise of this authority by the Department shall not be construed as a cancellation of obligation to make this or any future payments to the State Treasury.

2068

JOURNAL OF THE HOUSE,

Section 55. Provisions Relative to Section 28, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medical Assistance, $18,383,114 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1990.
Section 56. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $164.46 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1991 shall not exceed ten and one-half percent (10.50%).
Section 57. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
Provided that of the $550,000 appropriated herein for recreation grants, $200,000 is designated and committed for a waterfront park in Augusta.
Section 58. Provisions Relative to Section 31, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds.
Section 59. Provisions Relative to Section 34, Board of Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 60. Provisions Relative to Section 40, Department of Technical and Adult Education. None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.
Section 61. Provisions Relative to Section 41, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary

WEDNESDAY, FEBRUARY 28, 1990

2069

authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 62. In addition to all other appropriations for the State fiscal year ending June 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($8,400,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 65. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.

2070

JOURNAL OF THE HOUSE,

The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 66. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State Funds which have been appropriated to supplant Federal Funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 67. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 68. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gas6line tax refund and any other refunds specifically authorized by law.
Section 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal Funds.
Section 70. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.
Section 71. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provisions, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 72. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1990 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs

WEDNESDAY, FEBRUARY 28, 1990

2071

Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 74. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re- appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 75. Wherever in this Act the term "Austerity Factor" appears and is followed by a negative number, the annual operating budget common object classes shall be reduced in an amount sufficient to eliminate such austerity factor.

Section 76. Provisions Relative to Section 44, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby. A.) Maturities not to exceed two-hundred forty months:

Project/Purpose

Principal Amount

Debt Service

Developmental Highway Construction
Local School Construction Regional Crime Laboratory
Construction Board of Regents Facilities Public Library Construction Trinity-Washington Building
Renovations Parking Facility - Georgia

$ 100,000,000 64,945,000
1,600,000 23,500,000 12,925,000
2,000,000

$

10,000,000

6,494,500

160,000 2,350,000 1,292,500

200,000

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JOURNAL OF THE HOUSE,

Institute of Technology Board of Regents - Herty
Foundation Agriculture Building
Renovations Market Renovations-Agriculture Regional Reservior Construction Parking Facility - Georgia State
University Law School Building - University
of Georgia Airport Development Purchase of Wildlife
Management Area Land Acquisition - Georgia
Southern University Design Funds for the Sidney
Lanier Bridge Construction of Library at
Dekalb College Acquisition and Renovation of
Brookwood Properties at Valdosta State College Design of Dormitory at Georgia Tech Incarceration Facilities in Mitchell, Lowndes and Emanuel Counties B.) Maturities not to exceed sixty months: Paving at State and Local School and Institutions Equipment for Comprehensive High Schools

5,500,000 3,900,000 1,000,000 2,500,000 1,500,000 3,500,000 2,500,000 1,270,000 1,500,000 2,000,000 1,500,000 10,000,000
9,000,000 1,000,000 5,560,000
750,000 1,590,000

550,000 390,000 100,000 250,000 150,000
350,000
250,000 127,000 150,000 200,000 150,000 1,000,000
900,000 100,000 398,000
187,500 398,000

Section 77. Delayed Hiring Factor by Department.

Dept. of Corrections "A" Dept. of Human Resources "A" Dept. of Human Resources "B" Dept. Technical and Adult Dept of Revenue Office of the Governor Dept. of Law Soil and Water Conservation
Commission Dept. Natural Resources

19,850,590 2,377,779 1,221,400
478,610 51,042 15,470 57,369
30,413 125,352

Section 78. Cost-of-Living and Other Increses. In addition to all other appropriations, there is hereby appropriated $150,349,291 for the following purposes: 1.) An increase of 2.5% with a minimum increase of $450 per annum for full-time employees of the Executive, Judicial and Legislative branches of state government, effective July 1, 1990; 2.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,357 to $18,541 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and performance based certification, effective the following month; an additional 1% increase beginning the 6th year and an additional 1.5% beginning the 8th year: 3.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.9% to 3.0%, effective September 1, 1990; 4.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective

WEDNESDAY, FEBRUARY 28, 1990

2073

July 1, 1990; 5.) For University System employees, a 2.5% salary increase to be effective September 1, 1990, for academic contracted personnel and for a 2.5% salary increase, effective July 1, 1990, for non-academic personnel, and fiscal year contracted personnel of the University System and emplyees of the Athens and Tifton Diagnostic Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; 6.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended as authorized in said act, Code Section 45-7-4; 7.) For two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System; and 8.) For cost-ofliving increases in retirement benefits to partially offset the taxation of such benefits as provided by House Bill 1EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 regular session of the General Assembly.
Section 79. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1991.................................................................................$ 7,785,000,000
Section 80. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 81. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House disagree to the Senate substitute to HB 1314.
The motion prevailed.

Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 961 Do Pass HR 962 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 181 Do Pass, as Amended SB 238 Do Pass

SB 454 Do Pass SB 626 Do Pass

Respectfully submitted, Is/ Thomas of the 69th
Chairman

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JOURNAL OF THE HOUSE,

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 709 Do Pass SB 750 Do Pass, by Substitute SB 693 Do Pass
Respectfully submitted, /s/ Ware of the 77th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 926 Do Pass SB 192 Do Pass SB 420 Do Pass SB 447 Do Pass

SB 552 Do Pass SB 628 Do Pass, by Substitute SR 217 Do Pass

Respectfully submitted, /s/ Childers of the 15th
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1385.

By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employment of certain contributors.

The President has appointed on the part of the Senate the following: Senators Dawkins of the 45th, Kidd of the 25th and Scott of the 2nd.

The Senate insists on its substitute to the following Bill of the House:

WEDNESDAY, FEBRUARY 28, 1990

2075

HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991.

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

2076

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, March 1, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Aaron Adams Aiken Alford Athon
Atkins Bailey Baker
Balkcom Bannister
Bargeron
Barnett.B Benefield Birdsong Breedlove Brooks
Brown Buck Byrd
Campbell
Carrell
Chambless Chance Cheeks
Childers
Clark.H

Clark.L
Coleman Connell Crosby
Cummings,B Davis.C Davis.G Davis.M Dixon.H Dixon.S Dobbs Dover Dunn Edwards Ehrhart
Floyd,J.M
Floyd,J.W
Foster Godbee Goodwin Greene Gresham
Griffin
Hamilton
Harris
Hasty

Heard
Herbert
Holcomb
Holland
Hooks Howren Hudson
Irwin Jackson,J Jamieson Johnson
Jones Kilgore Lane.D
Lane.R
Langford Lawrence
Lawson Lee Long Lord Mangum
McCoy McKelvey
McKinney.C Meadows

Milam
Mobley
Moody
Morton Moultrie
Mueller
Oliver.C
Orr
Orrock Pannell Par ham
Parrish
Patten
Pettit Poag Porter
Poston
Powell
Ransom Reaves Redding
Richardson Ricketson Robinson Royal Selman

Simpson Sinkfield Smith.L Smith.P Smith.T Smith.W Stancil.F Stancil.S Steele Stephens Streat Teper Thomas.M
Tolbert
Waddle
Wall
Ware
Watson
Watts
Wilder
Williams.B
Williams.J Yates Yeargin Murphy.Spkr

Prayer was offered by the Reverend LaRue Downing, Episcopal Church of the Good Shepherd, Augusta, Georgia.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

THURSDAY, MARCH 1, 1990

2077

HB 2072. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Benefield of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2073. By Representative Heard of the 43rd:
A bill abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the Probate Court of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2074. By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2075. By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2076. By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to provide for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2077. By Representatives Griffin of the 6th and Dunn of the 73rd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia, relating to real estate brokers and salespersons, so as to require that each licensee shall carry errors and omissions insurance as a condition of being licensed under such chapter; to provide that the Georgia Real Estate Commission shall contract with an insurance provider for such coverage.
Referred to the Committee on Insurance.

HB 2078. By Representative Holmes of the 28th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require all persons licensed under such chapter to carry errors and omissions insurance; to provide for powers, duties, and authority of the Georgia Real Estate Commission with respect to such insurance; to authorize certain independent coverage.
Referred to the Committee on Industry.

2078

JOURNAL OF THE HOUSE,

HR 1000. By Representatives Bishop of the 94th, Sinkfield of the 37th, Greene of the 130th, Smyre of the 92nd, Isakson of the 21st and others:
A resolution creating the House Study Committee on Low and Moderate Income Housing in Georgia.
Referred to the Committee on Industry.

HR 1013. By Representatives Stanley of the 33rd, Randall of the 101st, Murphy of the 18th, McKinney of the 35th, Thomas of the 31st and others:
A resolution designating the Julius Cornelius Daugherty Bridge.
Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 2056 HB 2057 HB 2058 HB 2059 HB 2060 HB 2061 HB 2062 HB 2063 HB 2064

HB 2065 HB 2066 HB 2067 HB 2068 HB 2069 HB 2070 HB 2071 HR 999 SB 752

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, MARCH 1, 1990
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:
HR 570 Postsecondary Voc. Ed. Lab. Equip/Lib. Research Needs Study Comm. HR 571 Univ. Sys. Lab. Equip. Rehab. Tech/Eminent Scholars Endow St. Comm. HR 857 Education; Firearms Safety Program; Prevent Injuries to Children
SB 20 Firearms; Possession; Certain Persons SB 28 Peace Officers' Annuity/Benefit; Membership; Human Res. Emp. SB 230 Architecture; Amend Provisions SB 354 Prisoners; Transmittal Information; Notification SB 440 Education; Standards for Grants to Systems Operating Middle Schools SB 450 Abandoned Mtr. Veh.; Towing; Law Enf. Officer Furnish Info. SB 454 Probation; Maximum Amount of Fine; Increase SB 464 Workers' Compensation; Amend Provisions (Postponed 3-1-90) SB 486 Recall Act; Legal Sufficiency; Definition SB 512 Firearms; License to Carry; Illegal Drug Conviction; Eligibility SB 529 Petroleum Gas; Storage Facilities; Requirements SB 548 Ocmulgee Judicial Circuit; Add Judge SB 568 State Games Comm.; Assignment to Dept. of Natural Resources SB 570 Carnival Ride Safety Act; Regulation SB 575 Farm Animal and Research Facilities Protection Act; Provide SB 600 Public Officials; Malfeasance; Punishment SB 620 Asbestos Safety Act; Termination Date

THURSDAY, MARCH 1, 1990

2079

SB 709 Insurance; Cert. Rate Filings; Include in Annual Report SB 717 Georgia Music Hall of Fame; Authority; Create SB 718 Ga. Music Hall of Fame Auth. Overview Committee; Create
SR 217 Medicaid Program; Urge Certain Action SR 332 Regional Dev. Ctrs.; Supplemental Funding Formula; Ratify SR 413 Tattnall County; Grant Easement
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 741 Do Pass SB 696 Do Pass, by Substitute
Respectfully submitted, /s/ Balkcom of the 140th
Chairman

Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 668 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 699 Do Pass SB 716 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman

2080

JOURNAL OF THE HOUSE,

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 978 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 2042 Do Pass, by Substitute HB 2043 Do Pass HB 2044 Do Pass HB 2046 Do Pass, as Amended HB 2049 Do Pass HB 2050 Do Pass HB 2051 Do Pass

HB 2052 Do Pass HB 2053 Do Pass HB 2055 Do Pass SB 724 Do Pass, by Substitute SB 747 Do Pass SB 748 Do Pass, as Amended SB 645 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken for consideration and read the third time:

SB 645. By Senator Peevy of the 48th:
A bill to provide a homestead exemption from all City of Buford ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for residents of the City of Buford who are 65 years of age or over or who are disabled and whose income does not exceed $25,000.00; to provide an exception with respect to land in excess of one acre.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Alien

Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister

Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beck

Y Benefield Benn Birdsong Bishop
Y Bostick Y Branch

Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd

THURSDAY, MARCH 1, 1990

2081

Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Clark.H
Y Clark.L Y Coleman Y Colwell Y Connell E Couch
Y Crawford Crosby
Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S
Dobbs Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M
Y Floyd.J.W Y Foster
Y Godbee Goodwin
Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson Y Irwin
Isakson Jackson,J Jackson.W Jamieson
Y Jenkins Y Johnson Y Jones

Y Kilgore Y Kingston
Lane.D
Y Lane.R Langtbrd
Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin
Y McCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver.C Y Oliver,M YOrr

Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell
Randall Ransom YRay Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Selman Simpson Y Sinkfield Y Smith,L Smith.P Y Smith.T Smith.W Y Smyre YSnow

Y Stancil.F Y Stancil.S
Stanley
Y Steele Stephens
Y Streat Y Teper
Thomas,C Y Thomas.M
Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware
Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy ,Spkr

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.

HB 2042. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to provide a new charter for the City of Ball Ground.

The following Committee substitute was read and adopted:

A BILL
To provide a new charter for the City of Ball Ground; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
Section 1.10. Incorporation. The City of Ball Ground in Cherokee County is reincorporated by the enactment of this charter and is constituted and declared a body politic

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JOURNAL OF THE HOUSE,

and corporate under the name of the "City of Ball Ground." References in this charter to "the city" or "this city" refer to the City of Ball Ground. The city shall have perpetual existence.
Section 1.11. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Ball Ground, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
Section 1.12. Municipal powers, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all

THURSDAY, MARCH 1, 1990

2083

reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the
enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;

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(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system;

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(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
Section 2.10. City council creation; composition; number; election, (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers.
(b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that he desires his name to be

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placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 2.11. Elections, (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Municipal Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the council, the City of Ball Ground shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he seeks election.
(e) On the Tuesday next following the first Monday in November, 1991, and on that day biennially thereafter, there shall be elected a mayor and two councilmembers. On the Tuesday next following the first Monday in November, 1990, and on that day biennially thereafter, there shall be elected three councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. For purposes of electing the mayor and the councilmembers for terms of two years, this section is enacted pursuant to subsection (c) of Code Section 21-3-64 of the O.C.G.A.
Section 2.12. Vacancies in office, (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected.
Section 2.15. Compensation and expenses, (a) Until changed as provided in subsection (b) of this section, the mayor and councilmembers shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter.
(b) The compensation of the mayor and councilmembers may be changed by ordinance, but any increase shall be subject to the provisions of Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted.

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(c) The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.
Section 2.16. Prohibitions, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair the independence of his judgment or action in the performance of his official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others;
(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. (f) No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office which would be in conflict with his or her appointive office or city employment. (g) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position.
Section 2.17. Removal of officers, (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:

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(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Cherokee County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Cherokee County following a hearing on a complaint seeking such removal brought by any resident of the City of Ball Ground.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES
Section 3.10. General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter.
Section 3.11. Organization, (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council.
Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 3.13. Meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all

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councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmeniber's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
Section 3.14. Procedures, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
Section 3.15. Voting, (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
Section 3.16. Ordinances, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Ball Ground hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
Section 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the

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manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 3.19. Codes, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 3.20. Codification of ordinances, (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Ball Ground, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration.
Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13;

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(7) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote;
(8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the city to submit written reports whenever he deems it expedient; (11) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (12) Perform such other duties as may be required by general state law, this charter, or ordinance.
Section 3.23. Submission of ordinances to the mayor; veto power, (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption.
(b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
Section 3.24. Limitation on terms of service. No mayor elected and qualified for four terms shall be eligible for the next succeeding term.
ARTICLE IV ADMINISTRATIVE AFFAIRS
Section 4.10. Department heads, (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his supervision but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.

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Section 4.11. Boards, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
Section 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him by virtue of his position as city attorney. The city council shall provide for the compensation of the city attorney.
Section 4.13. City administrator; appointment; qualifications; compensation. The mayor and city council may appoint a city administrator for an indefinite term and shall fix his or her compensation and shall establish his or her duties. The administrator shall be appointed solely on the basis of his or her executive and administrative qualifications and shall serve at the pleasure of the mayor and city council.
Section 4.14. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk.
Section 4.15. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer.

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Section 4.16. City accountant. The mayor and council may appoint a city accountant and other related personnel to perform the duties as required. The city council shall provide for the compensation of the accountant.
Section 4.17. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
Section 4.18. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
ARTICLE V JUDICIAL BRANCH
Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Ball Ground.
Section 5.11. Judges, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years. Members of the State Bar of Georgia shall be given preference in selection, but such membership is not required. All judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 5.13. Powers, (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $1,000.00 or 15 days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.

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(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Cherokee County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
Section 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the

THURSDAY, MARCH 1, 1990

2095

city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by him. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

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Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
Section 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.
Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Adoption, (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than the first day of each fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.
Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.

THURSDAY, MARCH 1, 1990

2097

Section 6.28. Capital improvements, (a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter.
(b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
Section 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Procurement and property management. No contract with the city shall be binding on the city unless:
(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and

2098

JOURNAL OF THE HOUSE,

upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
Section 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
Section 7.13. Definitions and construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Section 7.14. Specific repealer. An Act reincorporating the City of Ball Ground in the County of Cherokee, approved February 18, 1941 (Ga. L. 1941, p. 1084), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
Section 7.15. General repealer. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Alien Y Athon
Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates YBeck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark.H
Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S
Dobbs Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson Y Irwin
Isakson Jackson ,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Lane.D
Y Lane.R Langford
Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Morton Y Moultrie
Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Par ham Y Parrish Y Patten Y Pettit
Pinkston
YPoag Porter
Y Poston Y Powell
Randall Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Selman Simpson Y Sinkfield

Y Smith,L Smith.P
Y Smith.T Smith.W
YSmyre YSnow Y Stancil,F Y StanciLS
Stanley
Y Steele Stephens
Y Street YTeper
Thomas.C Y Thomas,M
Thompson E Thurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

THURSDAY, MARCH 1, 1990

2099

On the passage of the Bill, by substitute, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 2043.

By Representatives Porter of the 119th, Pinkston of the 100th, Randall of the 101st, Lucas of the 102nd, Groover of the 99th and others:
A bill to create the Middle Georgia Surface and Air Transportation Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck
Y Benefield Benn Birdsong Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Clark.H Y Clark.L Y Coleman Y Colwell
Y Connell B Couch Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S
Dobbs
Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks
Howren Y Hudson Y Irwin
Isakson
Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Lane.D
Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten
Y Pettit Pinkston
YPoag Porter
Y Poston Y Powell
Randall Ransom YRay Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Selman Simpson Y Sinkfleld

Y Smith.L
Smith,P Y Smith.T
Smith.W YSmyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas.C Y Thomas.M
Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2044. By Representatives Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

2100

JOURNAL OF THE HOUSE,

Aaron Abernathy Y Adams Y Aiken Y Alford Alien Y Athon Y Atkins Y Bailey Baker Y Balkcom Y Bannister Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck
Y Benefield Benn Birdsong Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Clark.H Y Clark,L Y Coleman Y Colwell Y Connell B Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks
Howren Y Hudson Y Irwin
Isakson Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston
Lane.D Y Lane.R
Langford Y Lawrence
Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Parham Y Parrish Y Patten Y Pettit Pinkston YPoag Porter Y Poston Y Powell Randall Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Selman Simpson Y Sinkfield

Y Smith,L
Smith.P Y Smith.T
Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil,S
Stanley Y Steele
Stephens
Y Streat Y Teper
Thomas.C Y Thomas.M
Thompson E Thurmond Y Titus
Y Tolbert Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2046.

By Representative Ricketson of the 82nd:
A bill to amend an Act creating a new charter for the City of Warrenton, so as to change the method of election and terms of office of the mayor and members of the city council, including the mayor pro tempore.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 2046 by adding on line 5 of page 1 after the word and symbol "tempore;" and before the word "to" the following:
"to provide that the mayor and the councilmember who serves as mayor pro tempore shall be elected on an at-large basis; to provide that four members of the city council shall be elected from districts; to provide residency requirements; to delete references to the appointment of a mayor pro tempore;".
By adding between lines 9 and 10 of page 2 the following:
"Each candidate for the office of mayor or the office of councilmember who serves as mayor pro tempore shall reside anywhere within the corporate limits of the City of Warrenton. Each candidate for the office of councilmember from District 1, Post 1; District 1, Post 2; District 2, Post 1; or District 2, Post 2 shall reside within the respective district which he offers to represent."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

THURSDAY, MARCH 1, 1990

2101

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Alien Y Athon Y Atkins Y Bailey Baker Y Balkcom Y Bannister Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates YBeck Y Benefield
Benn Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark.B
Clark.H
Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Good win
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson Y Irwin
Isakson Jackson ,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane.D Y Lane.R Langford Y Lawrence Y Lawson YLee Y Linder Long YLord
Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller
Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell
Randall Ransom YRay
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal
Selman Simpson Y Sinkfield

Y Smith.L Smith.P
Y Smith.T
Smith.W Y Smyre YSnow Y Stancil,F Y Stancil.S
Stanley Y Steele
Stephens Y Streat YTeper
Thomas.C Y Thomas.M
Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 2049. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to create a board of elections and registration for Catoosa County and provide for its powers and duties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken Y Alford
Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B Y Barnett.M

Y Bates
YBeck
Y Benefield Benn Birdsong Bishop
Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell

Y Carter
Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B
Clark.H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings,M

Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon.S Dobbs Dover
YDunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee

Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks

2102

JOURNAL OF THE HOUSE,

Howren Y Hudson Y Irwin
Isakson Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane.D Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Linder
Long

YLord Lucas
Lupton
Y Mangum Martin
Y McCoy McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton
Y Moultrie Mueller Oliver.C
Y Oliver.M YOrr

Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinks ton YPoag
Porter Y Poston Y Powell
Randall Ransom YRay Y Reaves Redding Richardson Y Ricketson Y Robinson

Y Royal Selman Simpson
Y Sinkfield Y Smith,L
Smith.P Y Smith.T
Smith,W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele
Stephens
Y Streat Y Teper
Thomas.C Y Thomas,M
Thompson

E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Wilder
Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy .Spkr

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2050.

By Representatives Herbert of the 76th and Yates of the 75th:
A bill to amend an Act creating a new charter for the City of Griffin, so as to designate the chairman of the board of commissioners; to provide for the selection of a chairman pro tern; to define the powers and duties of the chairman.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams
Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates YBeck Y Benefield
Benn
Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Clark,H
Y Clark.L Y Coleman Y Colwell
Y Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis,G Y Davis.M
Dixon.H
Y Dixon.S Dobbs Dover
YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Foster
Y Godbee Good win
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren
Y Hudson Y Irwin
Isakson
Jackson,J Jackson.W Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston
Lane.D
Y Lane,R Langford
Y Lawrence Y Lawson
YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston
YPoag Porter
Y Poston Y Powell
Randall
Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson
Y Royal Selman Simpson
Y Sinkfield

Y Smith,L Smith,P
Y Smith.T Smith, W
Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley
Y Steele Stephens
Y Streat Y Teper
Thomas,C Y Thomas.M
Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

THURSDAY, MARCH 1, 1990

2103

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2051.

By Representative Lord of the 107th:
A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn
Birdsong Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers
Y Clark.B Clark,H
Y Clark.L Y Coleman Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cummings.B
Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H
Y Dixon,S
Dobbs Dover YDunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Good win
Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Howren
Y Hudson Y Irwin
Isakson Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane.D Y Lane,R Langford Y Lawrence Y Lawson YLee Y Under Long Y Lord
Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows Y Milam Y Mobley
Y Moody Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinks ton
YPoag Porter
Y Poston
Y Powell Randall Ransom
YRay Y Reaves
Redding
Richardson Y Ricketson Y Robinson Y Royal
Selman Simpson Y Sinkfield

Y Smith.L Smith,P
Y Smith.T Smith,W
YSmyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele
Stephens
Y Streat YTeper
Thomas.C Y Thomas.M
Thompson E Thurmond Y Titus
Y Tolbert Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2052.

By Representatives Redding of the 50th, Clark of the 55th, Williams of the 54th, Williams of the 48th, Teper of the 46th and others:
A bill to amend an Act imposing certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, so as to provide for meetings between certain individuals from the City of Atlanta and from DeKalb County to discuss provisions of contracts regarding the delivery of services in "Atlanta in DeKalb".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2104

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcora Y Bannister
Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates YBeck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark,H
Y Clark.L
Y Coleman Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis,G Y Davis.M
Dixon.H Y Dixon,S
Dobbs Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren
Y Hudson Ylrwin
Isakson Jackson,J Jackson.W Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane,D
Y Lane.R Langford
Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Morton
Y Moultrie Mueller Oliver.C
Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell
Randall Ransom YRay
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal
Selman Simpson Y Sinkfield

Y Smith.L Smith.P
Y Smith.T Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
Y Steele Stephens
Y Streat Y Teper
Thomas,C Y Thomas.M
Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2053.

By Representatives Barfoot of the 120th, Moody of the 153rd and Byrd of the 153rd:
A bill to provide that future school superintendents of the Toombs County School District shall be appointed by the board of education rather than elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey
Baker
Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett.B Y Barnett.M

Y Bates YBeck
Y Benefield Benn Birdsong Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell

Y Carter
Y Chambless Y Chance Y Cheeks
Y Childers Y Clark,B
Clark.H
Y Clark.L Y Coleman Y Colwell
Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M

Y Davis.C
Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee

Goodwin Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

THURSDAY, MARCH 1, 1990

2105

Howren Y Hudson Y Irwin
Isakson Jackson,J Jackson,W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane.D Y Lane.R Langford Y Lawrence Y Lawson YLee Y Linder Long

YLord
Lucas Lupton Y Mangum
Martin Y McCoy
McDonald
Y McKelvey McKinney.B
Y McKinney.C
Y Meadows Y Milam Y Mobley
Y Moody Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M YOrr

Y Orrock
Y Padgett Y Pannell
Par ham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell
Randall Ransom YRay Y Reaves Redding Richardson Y Ricketson Y Robinson

Y Royal Selman Simpson
Y Sinkfield Y Smith.L
Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Steele
Stephens Y Streat Y Teper
Thomas.C Y Thomas.M
Thompson

E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2055.

By Representative Jenkins of the 80th:
A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the elections and terms of members of the city council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield
Benn Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B Clark,H
Y Clark.L Y Coleman Y Colwell Y Connell
E Couch Y Crawford
Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G
Y Davis.M Dixon.H
Y Dixon.S Dobbs Dover
Y Dunn Y Edwards
Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Good win Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson Y Irwin
Isakson Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Lane.D
Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin
Y McCoy McDonald
Y McKelvey

McKinney,B Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Par ham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter
Y Poston Y Powell
Randall Ransom YRay
Y Reaves Redding Richardson
Y Ricketson Y Robinson
Y Royal Selman Simpson
Y Sinkfield

Y Smith.L Smith,P
Y Smith.T Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley
YSteele Stephens
Y Streat Y Teper
Thomas.C Y Thomas.M
Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs
Y Vaughan Y Waddle
Walker,C Y Walker.L Y Wall Y Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr

2106

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 126, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 724. By Senator Tate of the 38th:
A bill to amend an Act creating a county-wide library system in Fulton County, as amended, so as to provide for a per diem allowance to be paid to certain members of the board of trustees; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), so as to provide that a per diem allowance may be paid to certain members of the board of trustees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), is amended by adding at the end of Section 4 a new subsection (h) to read as follows:
"(h) Members of the library board of trustees may receive a per diem allowance for each meeting of the board of trustees which they may attend. Such allowance shall be in such amount as may be fixed from time to time by the Board of Commissioners of Fulton County."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Benn Birdsong Bishop

Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Buck Y Buford Y Byrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y ClarkJB
Clark.H Y Clark,L Y Coleman Y Colwell Y Connell E Couch

Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis,M
Diion.H Y Dixon.S
Dobbs Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green

Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson
Y Irwin Isakson Jackson,J Jackson.W Jamieson
Y Jenkins

Y Johnson
Y Jones Y Kilgore Y Kingston
Lane.D Y Lane.R
Langford Y Lawrence Y Lawson
Y Lee Y Linder
Long Y Lord
Lucas Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C

THURSDAY, MARCH 1, 1990

2107

Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell
Parham

Y Parrish
Y Patten Y Pettit
Pinkston
YPoag Porter
Y Poston Y Powell
Randall
Ransom
YRay Y Reaves
Redding Richardson

Y Ricketson
Y Robinson Y Royal
Selman Simpson Y Sinkfield Y Smith.L Smith,P Y Smith.T Smith.W
Y Smyre Y Snow Y Stancil,F
Y StanciLS

Stanley Y Steele
Stephens
Y Streat Y Teper
Thomas,C Y Thomas,M
Thompson E Thurmond
Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan

Y Waddle Walker.C
Y Walker,L Y Wall
Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,,!
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 747. By Senator Edge of the 28th:
A bill to amend an Act incorporating the Town of Orchard Hill in Spalding County, as amended, so as to change the time, method, and manner of electing the mayor and councilmembers; to provide for terms; to provide for filling vacancies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron
Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B
Y Barnett.M Y Bates YBeck Y Benefield
Benn Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Brown YBuck Y Buford YByrd
Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Guilders Y Clark.B
Clark.H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Good win
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren
Y Hudson Y Irwin
Isakson Jackson,J Jackson.W Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston
Lane.D
Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin
Y McCoy McDonald
Y McKelvey

McKinney.B Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller
Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell
Par ham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell
Randall Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal Selman Simpson Y Sinkfield

On the passage of the Bill, the ayes were 126, nays 0.

Y Smith.L Smith ,P
Y Smith.T Smith.W
Y Smyre YSnow Y Stancil,F
Y StanciLS Stanley
Y Steele Stephens
Y Streat Y Teper
Thomas.C Y Thomas.M
Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy.Spkr

2108

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

SB 748. By Senator Brannon of the 51st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Gordon County; to create a chairman and board of commissioners for Gordon County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission districts.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 748 by striking line 19 of page 5 and inserting in lieu thereof the following:
"chairman shall receive $100.00 for attending each regular meeting of.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken Y Alford Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck
Y Benefield Benn Birdsong Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Goodwin
Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks
Howren Y Hudson Y Irwin
Isakson Jackson,J Jackson,W Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston
Lane,D Y Lane.R
Langford Y Lawrence
Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie
Mueller Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston Y Powell
Randall Ransom YRay Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal
Selman Simpson Y Sinkfield

Y Smith.L Smith,P
Y Smith.T Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele
Stephens Y Streat
Y Teper Thomas.C
Y Thomas.M Thompson
E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson
Y Watts White Wilder
Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

THURSDAY, MARCH 1, 1990

2109

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

HB 441. By Representatives Porter of the 119th and Birdsong of the 104th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to authorize creditable service for certain service as a state court judge.

HB 639. By Representatives Buck of the 95th, Lane of the lllth, Stancil of the 66th, Cummings of the 17th, Parrish of the 109th and others:
A bill to amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that certain faculty and principal administrators of the University System of Georgia may elect to decline or withdraw membership in the teachers retirement system and become members of a retirement plan established by the Board of Regents of the University System of Georgia.

HB 695. By Representative Heard of the 43rd:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service to be obtained for certain active duty service in the armed forces of the United States as a member of a National Guard unit which was called into federal service.

HB 704. By Representatives Walker of the 115th, Ray of the 98th and Hooks of the 116th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the procedures for filling vacancies on local boards of education under certain circumstances.

HB 1053. By Representatives Redding of the 50th, Wilder of the 21st, Davis of the 29th, Randall of the 101st and Clark of the 55th:
A bill to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, so as to provide for the applicability of those requirements to certain rules of the Department of Medical Assistance.

HB 1114. By Representative Clark of the 13th:
A bill to amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly; to provide an option for retired members who return to service in the General Assembly to return to active membership in the retirement system.

2110

JOURNAL OF THE HOUSE,

HB 1168. By Representatives Ware of the 77th, Lawson of the 9th, Griffin of the 6th, Brown of the 88th, Dunn of the 73rd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance.

HB 1231. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Lane of the lllth, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and the University System of Georgia, so as to provide for comprehensive provisions to create a drug-free environment in Georgia's public colleges and universities; to provide a short title.

HB 1336. By Representatives Tolbert of the 58th, Redding of the 50th, Ehrhart of the 20th, Barnett of the 59th, Williams of the 48th and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions under the "Ethics in Government Act," so as to prohibit any agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization.

HB 1389. By Representatives Jackson of the 9th and Barnett of the 10th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the provisions relating to the composition and appointment of members of the State Board of Registration of Used Car Dealers.

HB 1434. By Representative Childers of the 15th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to change the provisions relating to definitions.

HB 1445. By Representative Lane of the 27th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change certain provisions relating to fees.

HB 1457. By Representatives Martin of the 26th and Richardson of the 52nd:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change substantially the conditions under which the department may grant variances and waivers to rules and regulations establishing standards for certain facilities; to provide that such variances may be granted if strict compliance would cause hardship.

THURSDAY, MARCH 1, 1990

2111

HB 1560.

By Representatives Cummings of the 17th, Floyd of the 135th and Parrish of the 109th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the title of the executive officer of the retirement system; to delete a provision relating to the treatment for tax purposes of employee contributions made by employers; to delete a provision relative to the age for mandatory retirement.

HB 1563.

By Representatives Connell of the 87th, Richardson of the 52nd, Athon of the 57th, Buck of the 95th and Hooks of the 116th:
A bill to amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses.

HB 1623.

By Representatives Robinson of the 96th, Cummings of the 17th, Dover of the llth, Thurmond of the 67th and Harris of the 84th:
A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law.

HB 1628. By Representatives Holmes of the 28th, Goodwin of the 63rd, Moultrie of the 93rd, Greene of the 130th and Stancil of the 8th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates.

HB 1646.

By Representative Royal of the 144th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that, in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum.

HB 1846. By Representatives Isakson of the 21st, Thompson of the 20th, Clark of the 20th, Gresham of the 21st, Wilder of the 21st and others:
A bill to amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitation on annexation by certain municipalities, so as to provide that certain municipalities shall be authorized to annex territories prior to July 1, 1991, upon compliance with certain conditions.

SB 756. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date.

SB 757. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the compensation of the solicitor and assistant solicitors; to provide for related matters; to provide an effective date.

2112

JOURNAL OF THE HOUSE,

SB 758. By Senator Brannon of the 51st:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Gordon County; to provide a short title; to provide for definitions; to provide for the district's governing authority.

SB 759. By Senator Pollard of the 24th:
A bill to amend an Act providing for the election of members of the board of education of Columbia County, as amended, so as to provide that the members of the board of education of Columbia County shall be elected by the voters of their respective education districts only; to provide for the manner of electing such members; to provide for terms of office.

HB 1850.

By Representatives Couch of the 36th, Abernathy of the 39th and McKinney of the 40th:
A bill to amend an Act providing a new charter for the City of Hapeville, Georgia, so as to change the provisions relating to elections and terms of the members of the governing authority of the city.

HB 1907. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners of Whitfield County, so as to prohibit certain actions by the members of said board, the comptroller, and the county engineer.

HB 1930.

By Representatives Couch of the 36th and McKinney of the 40th:
A bill to amend an Act providing a new charter for the City of Hapeville, so as to provide that the City of Hapeville shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law".

HB 1949. By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act providing a new charter for the City of Baxley, so as to provide for the annexation of certain streets, roads, and highways into the corporate limits of said city.

HB 1950.

By Representatives Moody of the 153rd and Byrd of the 153rd:
A bill to amend an Act creating a Board of Commissioners of Appling County, so as to provide for staggered terms for the members of the board of commissioners.

HB 1952.

By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the Town of East Dublin, so as to change the corporate name of the Town of East Dublin to the City of East Dublin.

HB 1953.

By Representative Poag of the 3rd:
A bill to continue the Board of Education of Murray County and provide for its composition, powers, duties, rights, obligations, and liabilities; to provide for an at-large member of that board.

THURSDAY, MARCH 1, 1990

2113

HB 1955. By Representative Branch of the 137th:
A bill to provide a $10,000.00 homestead exemption from ad valorem taxes of the City of Fitzgerald for individuals 65 years of age or older.

HB 1959. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd, Benefield of the 72nd and Davis of the 72nd:
A bill to provide a homestead exemption from all City of Riverdale ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, for the full value of the homestead for residents of the City of Riverdale who are 65 years of age or over and whose income does not exceed $6,000.00.

HB 1962. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to provide for an advisory referendum election to be held in Catoosa County for the purpose of determining whether or not the adoption of a comprehensive land use plan and zoning ordinance for unincorporated Catoosa County is preferred by the electors of such county.

HB 1963. By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 71st:
A bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, so as to change the education districts of said school district.

HB 1965. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd, Benefield of the 72nd, Davis of the 72nd and others:
A bill to amend an Act establishing a new charter for the City of College Park, so as to authorize the City of College Park to have and be authorized to exercise any and all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and to provide for certain powers.

HB 1967. By Representatives Howren of the 20th, Clark of the 20th, Gresham of the 21st, Thompson of the 20th, Atkins of the 21st and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriff, the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.

HB 1970. By Representative Ray of the 98th: A bill to provide for the Board of Education of Peach County.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

2114

JOURNAL OF THE HOUSE,

HB 442. By Representative Porter of the 119th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.

HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th, Steele of the 97th, Poag of the 3rd and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility required for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only.

HB 1208. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure.

HB 1441. By Representatives Walker of the 115th and Lee of the 72nd:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils.

HB 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees.

HB 1608. By Representatives Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees.

HB 1694.

By Representatives Breedlove of the 60th, Lawson of the 9th, Wall of the 61st, Jackson of the 9th, Orr of the 9th and others:
A bill creating the board of commissioners of Gwinnett County, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

THURSDAY, MARCH 1, 1990

2115

HB 1088. By Representatives Pannell of the 122nd, Parrish of the 109th, Smith of the 78th, Buford of the 103rd, Thomas of the 69th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that certain judicial employees shall be members of the retirement system; to provide for definitions; to provide for creditable service for prior membership in the retirement system; to provide for creditable service for prior service as a judicial employee.

HB 1172. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system.

HB 1360.

By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uniform rules of the road.

HB 1381. By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents.

HB 1633.

By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional retirement benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.

HB 1916.

By Representative Murphy of the 18th:
A bill to amend an Act creating the office of sole commissioner of Haralson County, so as to submit to the voters of Haralson County the question of changing the form of government of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County.

HB 1927.

By Representative Carter of the 146th:
A bill to amend an Act creating the Board of Commissioners of Berrien County, so as to change the provisions relating to the compensation of members of the board of commissioners.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:

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JOURNAL OF THE HOUSE,

SR 486. By Senator Ray of the 19th: A resolution recognizing the year 1990 as the Year of the Airborne Forces in commemoration of June 1, 1990, as the fiftieth anniversary of the Airborne Forces of the United States Army.
HR 970. By Representative Barnett of the 59th: A resolution designating "A Can Do Week".

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:
HR 585. By Representatives Crawford of the 5th and Porter of the 119th:
A resolution proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides.
The Senate has adopted the report of the Committee of Conference on the following Bills of the Senate and House:
SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.
HB 702. By Representatives Green of the 106th, Parham of the 105th, Parrish of the 109th, Smith of the 156th, Walker of the 115th and others:
A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, osteopaths, and physician's assistants, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter.

HB 1105. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the "Emerging Corps Fund Act"; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers.
The Senate has agreed to the House substitute to the following Bills of the Senate:

SB 503. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances and dangerous drugs, so as to provide licensing sanctions for certain persons authorized or otherwise permitted by the state to conduct certain occupations and activities who are convicted of certain offenses involving controlled substances and dangerous drugs.

THURSDAY, MARCH 1, 1990

2117

SB 508. By Senators Turner of the 8th, McKenzie of the 14th and Timmons of the llth: A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permitted investments of the authority; to clarify the provisions relating to the state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 563. By Senator Pollard of the 24th: A bill to amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Safe Dams Act of 1978," so as to change the date on which an exemption for certain dams shall expire.
The Senate recedes from its amendment to the following Bill of the House:
HB 1555. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 28 to be entitled "Motor Vehicle Warranty Rights Act"; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers.
The Senate has passed by the requisite constitutional majority the following Bill of the House:
HB 1312. By Representatives Lee of the 72nd and Murphy of the 18th:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authorization for conversion of contributions to personal use; to provide that contributions shall not constitute personal assets of a candidate or public officer.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 756. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 757. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the compensation of the solicitor and assistant solicitors; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

2118

JOURNAL OF THE HOUSE,

SB 758. By Senator Brannon of the 51st:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Gordon County; to provide a short title; to provide for definitions; to provide for the district's governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 759. By Senator Pollard of the 24th:
A bill to amend an Act providing for the election of members of the board of education of Columbia County, as amended, so as to provide that the members of the board of education of Columbia County shall be elected by the voters of their respective education districts only; to provide for the manner of electing such members; to provide for terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 486. By Senator Ray of the 19th:
A resolution recognizing the year 1990 as the Year of the Airborne Forces in commemoration of June 1, 1990, as the fiftieth anniversary of the Airborne Forces of the United States Army.
Referred to the Committee on Defense & Veterans Affairs.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 709. By Senators Taylor of the 12th, Baldwin of the 29th, Land of the 16th and others:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the department and Commissioner of Insurance, so as to provide that the annual report of the Commissioner shall include information regarding actions taken by the department on personal lines property and casualty insurance rate filings.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey
Baker Y Balkcom
Bannister Y Barfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates
Beck Y Benefield

Y Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Cheeks Y Childers
Clark.B

Y Clark.H
Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings,M Y Davis,C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Dunn Y Edwards

Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard Y Herbert

Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Langford

THURSDAY, MARCH 1, 1990

2119

Y Lawrence
Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam

Y Mobley
Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinks ton YPoag

Y Porter
Y Poston Y Powell
Randall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal
Y Selman Simpson
Y Sinkfield Y Smith,L Y Smith,P

Smith,T
Y Smith, W YSmyre YSnow Y Stancil,F Y Stancil.S
Stanley
YSteele Stephens
Y Streat YTeper
Thomas.C
Y Thomas.M Y Thompson E Thurmond Y Titus
Tolbert

Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Stephens of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 717. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority; to provide for a short title; to provide for definitions; to provide for the creation, composition, membership confirmation, terms of office, vacancies, officers, and expenses of the authority; to provide for perpetual existence.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Y Alford Alien
Y Athon
Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates YBeck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck

Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell
E Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings.M N Davis,C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn

Y Edwards N Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee
Good win Y Green
Y Greene Gresham
Y Griffin
Y Groover Y Hamilton Y Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson

Y Jackson,J N Jackson, W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston YLane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Y Mangum Martin
YMcCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam

Y Mobley Y Moody N Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson

2120
Y Royal Y Selman
Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith,W

JOURNAL OF THE HOUSE,

Smyre Y Snow Y Stancil.F
N Stancil.S Y Stanley Y Steele Y Stephens Y Streat

Y Teper Y Thomas.C Y Thomas.M
Y Thompson E Thurmond Y Titus
Tolbert Townsend

Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson

Y Watts Y White
Wilder
Y Williams.B Y Williams,J N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 150, nays 7. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.

The Senate has disagreed to the House substitute to the following Resolution of the Senate:

SR 116. By Senators Parker of the 15th, Scott of the 2nd and Deal of the 49th:
A resolution proposing an amendment to Article II, Section II, of the Constitution, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1173. By Representatives Lane of the 27th and Selman of the 32nd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

THURSDAY, MARCH 1, 1990

2121

SB 718. By Senators Olmstead of the 26th, Howard of the 42nd, Dean of the 31st and others:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority Overview Committee as a joint committee of the General Assembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee.

The following amendment was read:

Representative Davis of the 72nd moves to amend SB 718 as follows:
Amend by adding between lines 27 and 28, page 2 the following:
"The members of such committee shall be composed of members of each of the two major political parties represented in the House of Representatives and Senate by the same ratio as each party is represented in the House of Representatives and Senate respectively. At least one member of the minority party from the House of Representatives and one member of the minority party from the Senate shall be appointed."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron Abernathy
N Adams Y Aiken
N Alford Alien
N Athon Y Atkins
Bailey Baker N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Harriett,M Bates NBeck N Benefield NBenn N Birdsong N Bishop N Bostick
N Branch Y Breedlove N Brooks N Brown NBuck N Buford NByrd
Campbell N Carrell N Carter N Chambless N Chance
Cheeks

N Childers
N Clark.B
Y Clark.H N Clark.L N Colernan N Colwell N Connell
E Couch N Crawford
N Crosby N Cummings,B Y Cummings.M
Y Davis.C N Davis,G Y Davis.M N Dixon,H N Dixon.S
Dobbs N Dover Y Dunn N Edwards
Y Ehrhart Felton Fennel
N Floyd,J.M N Floyd,J.W
N Foster N Godbee
Good win
N Green N Greene
Gresham
N Griffin N Groover N Hamilton
N Manner

N Harris N Hasty Y Heard
N Herbert N Holcomb
N Holland N Holmes N Hooks Y Howren N Hudson N Irwin Y Isakaon N Jackson,J N Jackson, W N Jamieson Y Jenkins N Johnson
Y Jones N Kilgore Y Kingston N Lane.D N Lane.R N Langford Y Lawrence N Lawson NLee Y Linder NLong NLord
N Lucas Lupton
N Mangum Martin
N McCoy McDonald
N McKelvey

McKinney.B Y McKinney.C
N Meadows Milam
N Mobley N Moody Y Morton N Moultrie Y Mueller N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Pannell N Parham N Parrish N Patten
Pettit Pinkston NPoag N Porter N Poston
N Powell N Randall Y Ransom
Ray N Reaves
Redding N Richardson N Ricketson N Robinson N Royal N Selman
Simpson
N Sinkfield

On the adoption of the amendment, the ayes were 36, nays 111. The amendment was lost.

N Smith,L N Smith.P N Smith.T
Smith.W N Smyre
N Snow N Stancil.F Y Stancil,S
Stanley Y Steele N Stephens
Y Streat N Teper
Thomas.C Y Thomas,M N Thompson E Thurmond Y Titus Y Tolbert
Townsend N Twiggs Y Vaughan
Waddle
Walker.C Y Walker.L Y Wall
N Ware N Watson N Watts Y White
Wilder Y Williams.B
Williams.J Y Yates N Yeargin
Murphy,Spkr

2122

JOURNAL OF THE HOUSE,

Representative Walker of the 115th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd
Campbell Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings,B
Y Cummings,M N Davis.C Y Davis.G N Davis,M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover YDunn Y Edwards N Ehrhart
Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee
Good win
Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D YLane,R Y Langford N Lawrence
Y Lawson YLee N Linder
YLong YLord Y Lucas
Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody N Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston
YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield

Y Smith,L Y Smith.P Y Smith.T
Smith.W Smyre
YSnow Y Stancil,F N Stancil,S
Stanley YSteele Y Stephens
Y Streat Y Teper
Thomas.C Thomas,M Y Thompson E Thurmond N Titus Y Tolbert Townsend YTwiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Wilder Y Williams,B Y Williams,J N Yates Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 139, nays 9. The Bill, having received the requisite constitutional majority, was passed.

SB 575. By Senator English of the 21st:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide the penalties for such offenses.

The following Committee substitute was read:

A BILL
To amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain

THURSDAY, MARCH 1, 1990

2123

offenses; to provide for exemptions for the Department of Agriculture or any other federal, state, and local departments or agencies and their employees, officials, and agents while in the performance of certain duties or the exercise of certain powers; to provide the penalties for such offenses; to provide for enforcement provisions; to provide that damages, punitive damages, court costs, and attorneys' fees may be recovered; to provide for injunctions and restraining orders; to preserve other rights not specifically granted by said new article; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, is amended by designating Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; by striking the word "chapter" wherever such word appears in Code Sections 4-11-1 through 4-11-16 and inserting in lieu thereof the word "article"; and by inserting immediately following Code Section 4-11-16 a new Article 2 to read as follows:
"ARTICLE 2
4-11-30. This article shall be known and may be cited as the 'Georgia Farm Animal and Research Facilities Protection Act.'
4-11-31. As used in this article, the term: (1) 'Actor' means a person accused of any of the offenses defined in Code Section
4-11-32.
(2) 'Animal' means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. The term 'animal' shall not include any animal held primarily as a pet.
(3) 'Animal facility' includes any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained.
(4) 'Commissioner' means the Commissioner of Agriculture. (5) 'Consent' means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not:
(A) Induced by force, threat, false pretenses, or fraud; (B) Given by a person the actor knows, or should have known, is not legally authorized to act for the owner; (C) Given by a person who by reason of youth, mental disease or defect, or intoxication is known, or should have been known, by the actor to be unable to make reasonable decisions; or (D) Given solely to detect the commission of an offense. (6) 'Deprive' means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property. (7) 'Owner' means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor. (8) 'Person' means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity. (9) 'Possession' means actual care, custody, control, or management. (10) 'Property' means any real or personal property and shall include any document, record, research data, paper, or computer storage medium. (11) 'State' means the State of Georgia. 4-11-32. (a) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility.

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(b) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage or loss thereto exceeds $500.00.
(c) (1) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is $500.00 or less or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:
(A) Had notice that the entry was forbidden; (B) Knew or should have known that the animal facility was or had closed to the public; or (C) Received notice to depart but failed to do so. (2) For purposes of this subsection 'notice' means: (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner;
(B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or
(C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden. (d) This Code section shall not apply to, affect, or otherwise prohibit actions taken by the Department of Agriculture, any other federal, state, or local department or agency, or any official, employee, or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation. 4-11-33. (a) A person convicted of any of the offenses defined in subsections (a) and (b) of Code Section 4-11-32 shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for a term not to exceed three years, or both. (b) Any person violating subsection (c) of Code Section 4-11-32 shall be guilty of a misdemeanor. 4-11-34. For purposes of enforcing the provisions of this article, the Commissioner: (1) May investigate any offense under this article; (2) May seek the assistance of any law enforcement agency of the United States, the state, or any local government in the conduct of such investigations; and (3) Shall coordinate such investigation, to the maximum extent practicable, with the investigations of any law enforcement agency of the United States, the state, or any local government. 4-11-35. (a) Any person who has been damaged by reason of a violation of this article may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage. (b) In addition to the remedies provided in this article or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, any person who has been damaged by reason of a violation of this article is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or a temporary restraining order restraining or enjoining any person from violating or continuing to violate this article. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation. (c) Nothing in this article shall be construed to limit the exercise of any other rights arising out of or relating to a violation of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

THURSDAY, MARCH 1, 1990

2125

Representative Orr of the 9th moves to amend the Committee substitute to SB 575 as follows:
By inserting on page 3, line 15, following the first comma on that line, the word "lawful", and by striking on lines 15 and 16, page 3, the words "whether lawful or not" and the comma immediately following.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford
YByrd Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B
Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Good win Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Y Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald
Y McKelvey

McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Pettit Pinkston
NPoag Y Porter
Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith.W YSmyre Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Steele Y Stephens Y Streat
Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

SB 230. By Senators Coleman of the 1st, Dean of the 31st and Allgood of the 22nd:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to change certain provisions relating to examinations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by striking subsection (b) of Code Section 43-4-11, relating to qualifications of applicants for examination, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The examinations shall be the written examinations prepared in accordance with the outline prescribed by the National Council of Architectural Registration Boards. The board may obtain advice and assistance in preparing and grading such examinations and the joint-secretary, with approval of the board, may contract with third parties to perform administrative services with respect to the examinations as he deems appropriate. The candidate for examination shall submit to the board satisfactory evidence of the following qualifications:
(1) A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board and at least three years of practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate. An advanced degree in architecture from a school or college approved by the National Architectural Accrediting Board may be accepted in lieu of a maximum of one year of the required practical experience;
(2) A minimum of ten years' practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examination shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this paragraph shall be admitted as a candidate for examination; or
(3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom
Bannister
Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beck

Y Benefield Y Benn
Y Birdsong
Y Bishop Y Bostick Y Branch
Breedlove Y Brooks
Brown

Y Buck Y Buford
Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B
Y Clark.H
Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford

THURSDAY, MARCH 1, 1990

2127

Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder

YLong
YLord
Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver.C 01iver,M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten

Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith.L Y Smith.P Y Smith.T
Smith,W YSmyie YSnow Y Stancil.F Y Stancil.S
Y Stanley

Y Steele Y Stephens Y Streat
Teper Y Thomas.C Y Thomas.M
Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Y Wall
Y Ware Y Watson
Y Watts White Wilder
Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House and' Senate were taken up for consideration and read the third time:

HR 571. By Representatives Buck of the 95th, Lee of the 72nd and Walker of the 115th

A RESOLUTION
Creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; and for other purposes.
WHEREAS, the matter of the state's financial support of education is a priority and focal issue facing the General Assembly; and
WHEREAS, there are no things more important to the quality of an institution of higher education than a strong faculty and modern facilities; and
WHEREAS, the needs of disabled and handicapped citizens in particular require specialized faculty and facilities; and
WHEREAS, in December, 1980, the Georgia Institute of Technology established the Center for Rehabilitation Technology to provide a clearing-house of information and technical assistance for disabled persons and to encourage collaborative interdisciplinary efforts within the University System of Georgia to develop equipment and procedures to meet the needs of disabled and handicapped citizens; and
WHEREAS, unfortunately, all institutions of the university system, including the Center for Rehabilitation Technology, lack sufficient funding and equipment for the computer related activities, laboratories, and library research facilities which are required to support the continued technological growth of the state in meeting the needs of the handicapped and in other areas and to attract leaders in the educational and research fields.

2128

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee to be composed of nine members of the House of Representatives to be appointed by the Speaker of the House of Representatives. One of the appointees shall be designated chairman by the Speaker. The committee shall meet upon the call of the chairman. The committee is authorized to conduct a thorough study of the university system laboratory and equipment needs and library research facilities needs and, in connection therewith, the cost of funding the purchase of adequate equipment and supplies to enable the state to develop and attract to its maximum potential high technology industries and to meet the needs of its handicapped citizens. The committee is further authorized to study incentive programs for the funding of faculty chairs, so as to enable the universities of this state to compete more successfully for the best scholars and teachers available. The committee is authorized to seek the advice and counsel of such persons knowledgeable in the affected fields which the committee feels will be able to assist it in the discharge of its duties and responsibilities.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees. The committee is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and other expertise to the committee as may be requested by the chairman. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated te or available to the legislative branch of government. The committee is authorized to make a report of its findings and recommendations, with suggestions for funding and for legislation, if any, no later than December 15, 1990. The committee shall stand abolished on December 15, 1990.
BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1990 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly.
The following amendment was read:

Representative Davis of the 72nd moves to amend HR 571 as follows:
Amend by adding between lines 27 and 28, page 2 the following:
"The members of such Committee which are composed of members of the House of Representatives shall be composed of members of each of the two major political parties represented in the House of Representatives by the same ratio as each party is represented in the House of Representatives. At least one member of the minority party shall be appointed."

On the adoption of the amendment, the ayes were 10, nays 89. The amendment was lost.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Y Aiken
Y Alford

Alien Y Athon Y Atkins
Y Bailey
Baker

Y Balkcom Y Bannister Y Barfoot
Y Bargeron
Y Barnett.B

Y Barnett,M Bates
Y Beck
Y Benefield
Y Benn

Y Birdsong Y Bishop Y Bostick
Y Branch
Breedlove

THURSDAY, MARCH 1, 1990

2129

Y Brooks Brown
YBuck Y Buford
Byrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L
Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn

Y Edwards
Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee
Good win Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard
Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson

Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Mitam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C

Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith, W YSmyre

Y Snow Y Stancil.F Y Stancil.S
Y Stanley Y Steele
Stephens Y Streat
Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert
Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 570. By Representatives Buck of the 95th, Lee of the 72nd and Walker of the 115th

A RESOLUTION
Creating the House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee; and for other purposes.
WHEREAS, postsecondary vocational-technical schools, programs, and services are necessary to provide for a comprehensive program of career, occupational, and vocationaltechnical education and training for the people of this state; and
WHEREAS, the primary purpose of postsecondary vocational education is to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and
WHEREAS, postsecondary vocational education also provides a system of schools which is a full partner in the economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state; and
WHEREAS, the postsecondary vocational education institutions of the state lack sufficient funding and equipment to address adequately the ever increasing demand for the necessary and specialized educational services and opportunities which they provide.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee to be composed of nine members of the House of Representatives appointed by the Speaker of the House, one of whom

2130

JOURNAL OF THE HOUSE,

shall be designated as chairman. The committee is authorized to conduct a thorough and continuing study of postsecondary vocational education laboratory and equipment needs and, in connection therewith, the cost of funding the purchase of adequate equipment and materials and library research needs so as to enable our state to utilize to its maximum potential existing and new industries which will provide employment to a large number of vocationally trained workers in Georgia. The committee is authorized to seek the advice and counsel of persons knowledgeable in the field of postsecondary vocational education, the chairman of the State Board of Postsecondary Vocational Education, and other persons, groups, and organizations which the committee feels will be able to assist it in the discharge of its responsibilities.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall not receive the same for more than five days unless additional days are authorized. The committee shall meet upon the call of the chairman and is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The State Board of Postsecondary Vocational Education shall provide such technical assistance and engineering and other expertise to the committee as may be requested by the chairman. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 1, 1990.
BE IT FURTHER RESOLVED that if a Senate committee is appointed to study similar matters during the 1990 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch
Breedlove Y Brooks Y Brown YBuck Y Buford YByrd

Y Campbell Y Carrell
Y Carter Y Chambleas Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H
Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings.B
Y Cummings.M N Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs
Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard
Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Jenkins Y Johnson Y Jones

Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Lupton Y Mangum Martin
Y McCoy McDonald
Y McKelvey McKinney.B McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Oliver,M
YOrr

Y Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Randall
Ransom
Ray Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre Y Snow

THURSDAY, MARCH 1, 1990

2131

Y Stancil.F Y Stancil.S
Stanley Y Steele
Stephens Y Streat

Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus

Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C

Y Walker.L YWall Y Ware
Y Watson Y Watts Y White

Wilder Y Williams,B Y Williams,J
Yates Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 144, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Due to mechanical malfunction, the vote of Representative Lucas of the 102nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 857. By Representatives Twiggs of the 4th, Jackson of the 83rd, Dover of the llth, Mangum of the 57th, Abernathy of the 39th and others:
A resolution encouraging school systems in Georgia to adopt professionally developed firearms safety programs with a view to preventing accidental injuries to children.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bos tick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Cummings,B Y Cummings.M Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson
Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham
Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L
Y Smith.P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat
Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L YWall
Ware
Watson
Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Yates
Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

2132

JOURNAL OF THE HOUSE,

SB 548. By Senator Kidd of the 25th:
A bill to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit; to provide for the initial and subsequent elections of such judge; to provide for terms of office; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Ocmulgee Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Y Brown YBuck Y Buford YByrd Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell
E Couch Y Crawford Y Crosby Y Cummings.B
Y Cummings,M Y Davis.C Y Davis.G
Davis.M Y Dixon.H
Y Dixon.S N Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney.B McKinney.C Y Meadows Milam Y Mobley Y Moody N Morton Y Moultrie Y Mueller Y Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit
Pinkston
YPoag Y Porter
Y Poston Y Powell Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith, W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele
Stephens
Y Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 478. By Senators Pollard of the 24th, Turner of the 8th and Garner of the 30th:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Solid Waste Management Act," so as to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain sanitary landfills and permits therefor; to provide an effective date.

THURSDAY, MARCH 1, 1990

2133

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 478

The Committee of Conference on SB 478 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 478 be adopted.

Respectfully submitted,

FOR THE SENATE: /a/ Jake Pollard
Senator, 24th District
/s/ Bill English Senator, 21st District

FOR THE HOUSE OF REPRESENTATIVES:
/3/ Larry pamsh Representative, 109th District
/s/ Dobbg Representative, 74th District

/s/ Turner Senator, 8th District

/s/ Patten Representative, 149th District

A BILL
To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," as enacted by Senate Bill 533 adopted at the 1990 regular session of the General Assembly, so as to provide for permits for biomedical waste thermal treatment technology facilities; to provide for applicability and exceptions; to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain municipal solid waste landfills and permits therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," as enacted by Senate Bill 533 adopted at the 1990 regular session of the General Assembly, is amended by adding at the end of Code Section 12-8-23.1, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, a new subsection (c) to read as follows:
"(c) (1) No permit for a biomedical waste thermal treatment technology facility shall be issued by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility by showing that there is not presently in existence within the state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this article, 'biomedical waste thermal treatment technology facility' means any facility the purpose of which is to reduce the amount of biomedical waste to be disposed of through a process of combustion, with or without the process of waste to energy.
(2) Paragraph (1) of this subsection shall not apply to any biomedical waste treatment facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste treatment facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste treatment facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any

2134

JOURNAL OF THE HOUSE,

biomedical waste which is to be no longer disposed of by the private biomedical waste generator in its own biomedical waste treatment facility prior to any substantial reduction in the amount of biomedical waste accepted by the biomedical waste treatment facility or its closure."

Section 2. Said part is further amended by striking Code Section 12-8-25.2, relating

to sites within certain distances of significant ground-water recharge areas, and substitut-

ing in lieu thereof a new Code Section 12-8-25.2 to read as follows:

"12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part

of the site is within two miles of an area that has been designated by the director as

a significant ground-water recharge area unless such municipal solid waste landfill will

have a liner and leachate collection system and meets any other requirements as may

be established by rules and regulations of the board or pursuant to other geological con-

siderations as may be determined appropriate by the director. This Code section shall

not apply to any proposed municipal solid waste landfill for a municipal or county gov-

ernment for which the director of the Environmental Protection Division of the Depart-

ment of Natural Resources has issued a site acceptability letter prior to March 15, 1989,

if such site acceptability letter did not require a liner and leachate collection system;

provided, however, that the governing authority of the municipality may adopt a resolu-

tion requiring a liner and leachate collection system for its proposed municipal solid

waste landfill prior to the date on which a permit is issued and the governing authority

of the county may adopt a resolution requirin a liner and leachate collection system

for its prop

al solid waste landfill prior to the date on which a permit is

issued."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall only become effective if SB 533 is passed, becomes law, and becomes effective before this Act is approved by the Governor or becomes law without such approval; otherwise this Act shall be void and shall be repealed in its entirety effective July 1, 1990.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Parrish of the 109th moved that the House adopt the report of the Committee of Conference on SB 478.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates
YBeck Y Benefield YBenn
Y Birdsong Bishop
Y Bostick Branch
Y Breedlove Brooks
Y Brown

YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark,H Y Clark.L Y Coleman Y Colwell
Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S YDobbs

Y Dover
Y Dunn Y Edwards
Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence
Y Lawson YLee
Linder YLong YLord
Lucas
Y Lupton Y Mangum
Martin YMeCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Y Patten Y Pettit
Pinkston
Poag Y Porter Y Poston Y Powell
Randall Y Ransom
YRay

THURSDAY, MARCH 1, 1990

2135

Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith.P Y Smith.T Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley

Y Steele
Stephens Y Streat Y Teper
Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus

On the motion, the ayes were 156, nays 0. The motion prevailed.

Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware

Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:

HB 1185. By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the delay of the issuance of a driver's license to any person under the age of 16 who is convicted of driving under the influence or of a drug offense.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the delay of the issuance of a driver's license to any person under the age of 16 who is adjudicated or convicted of driving under the influence or of a drug offense; to provide for procedures; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new Code Section 40-5-22.1 to read as follows:
"40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a certified assessment component and the education/intervention component or the intensive intervention component of a DUI alcohol and drug use risk reduction program as prescribed by the Department of Human Resources or operated by or under contract with the juvenile court and pays a fee of $35.00 to the Department of Public Safety or $25.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE,

Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 1185.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn
Birdsong Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark,H Y Clark.L Y Coleman Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J
Y Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 156, nays 0. The motion prevailed.

Y McKinney.B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat
Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware
Watson Watts Y White Wilder
Y Williams.B Y Williams.J
Yates Y Yeargin
Murphy.Spkr

HB 1200.

By Representatives Jackson of the 9th, Murphy of the 18th, Colwell of the 4th, Twiggs of the 4th, McDonald of the 12th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of possession of a controlled substance or marijuana; to provide for reporting of suspensions to the Department of Public Safety.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of possession of a controlled substance or marijuana; to provide for reporting of suspensions to the Department of Public Safety; to provide for the time of commencement of such suspensions or revocations; to provide for the periods of suspension or revocation; to provide conditions for reinstatement or return of licenses; to provide for probationary licenses; to provide for all related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 1, 1990

2137

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new Article 3B to read as follows:
"ARTICLE 3B
40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 120 days. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified assessment component and the education/intervention component or the intensive intervention component as prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of a certified intensive intervention component as prescribed by the Department of Human Resources and paying a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug-treatment program. Such proof shall be within two years of the license suspension prior to the issuance of the permit. Such licensed drug-treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his place of employment or performing the normal duties of his occupation;

2138

JOURNAL OF THE HOUSE,

(ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. (b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension.
(c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge, but, if such plea is accepted, the penalties set forth in paragraph (1) of subsection (a) of this Code section shall be imposed. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and educational/intervention component of the First Offender DUI Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety.
(d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required component of a DUI alcohol or drug use risk reduction program and a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a)
of this Code section shall be made on such form as the commissioner may prescribe and
shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit.
(e) Notwithstanding any other provision of this Code section or any other provision
of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for
a limited driving permit, but such person's license shall only be reinstated as provided
in this Code section. (f) Except as provided in subsection (a) of this Code section, it shall be unlawful for
any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a
valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driv-
ing permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both.
(g) Notwithstanding the provisions of Code Section 15-11-38, and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent

THURSDAY, MARCH 1, 1990

2139

child or an unruly child for possession of marijuana or a controlled substance in violation of subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 1200.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield
YBenn Birdsong Bishop
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark.H Y Clark.L
Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd.J.M
Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W
Y Jamieson Jenkins
Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Par ham Parrish Patten Y Pettit Pinkston
YPoag Y Porter YPoston Y Powell YRandall
Y Ransom YRay Y Reaves
Redding Y Richardson
Ricketson Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith.P Y Smith.T Y Smith, W YSmyre YSnow Y Stancil,F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Walker,L
Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J
Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 156, nays 0. The motion prevailed.

HB 796. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the imposition of development impact fees by municipal and county governments; to provide legislative intent; to provide definitions; to provide procedures for the adoption and implementation of such fees; to provide for credits and refunds.

The following Senate amendment was read:

Amend HB 796 by striking all matter on lines 17 through 22 of page 16 and inserting in lieu thereof the following:
"(d) Nothing in this chapter shall apply to a water authority created by Act of the General Assembly of Georgia, as long as such authority is not established as a political

2140

JOURNAL OF THE HOUSE,

subdivision of the State of Georgia but instead acts subject to the approval of a county governing authority.'"

Representative Lawson of the 9th moved that the House agree to the Senate amendment to HB 796.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beck Y Benefield Y Benn
Birdsong Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby
Cummings.B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey

McKinney.B
McKinney.C Y Meadows
Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith.L
Y Smith.P Y Smith.T
Y Smith.W Y Smyre YSnow
Y Stancil.F Stancil,S
Y Stanley Y Steele Y Stephens Y Streat
Teper Y Thomas.C Y Thomas.M
Thompson E Thurmond
Y Titus Tolbert Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L
Y Wall Ware
Y Watson Watts
Y White Wilder
Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 144, nays 0. The motion prevailed.

The following Resolution of the House was read and adopted:

HR 1001.

By Representatives Aaron of the 56th, Murphy of the 18th, Mangum of the 57th, Alford of the 57th, Oliver of the 53rd and others:
A resolution commending Honorable Eleanor Richardson.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1639.

By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Employees Benefit System to the Georgia Municipal Employees Benefit System.

THURSDAY, MARCH 1, 1990

2141

The following Senate substitute was read:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Employees Benefit System to the Georgia Municipal Employees Benefit System; to change the provisions relating to the investment of funds by the Board of Trustees of the Georgia Municipal Employees Benefit System; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (d) of Code Section 47-1-3, relating to the administration of local retirement systems, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Once every three years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal, and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on July 1, 1982, and every three years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word 'insurance' and the word 'insurer' shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Joint Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this subsection or financial reports under this Code section. In lieu of such actuarial investigations and reports, the Board of Trustees of the Joint Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every three years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and subsections (e) through (j) of this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Joint Georgia Municipal Employees Benefit System as provided in this subsection."

2142

JOURNAL OF THE HOUSE,

Section 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 47-1-10, relating to the adoption of rules by the boards of trustees of state retirement or pension systems, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Board of trustees' means the board of trustees or other administrative body or agency charged with the duty of administering any public retirement or pension system created by this title, except the board of trustees Board of Trustees of the Joint Georgia Municipal Employees Benefit System provided for by Chapter 5 of this title."
Section 3. Said title is further amended by striking in their entirety paragraphs (1) and (2) of Code Section 47-5-2, relating to definitions applicable to the Joint Municipal Employees Benefit System, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) 'Benefit system' or 'system' means the Joint Georgia Municipal Employees Benefit System created by this chapter.
(2) 'Board of trustees' or 'board' means the beard of trustees Board of Trustees of the Joint Georgia Municipal Employees Benefit System."
Section 4. Said title is further amended by striking in its entirety Code Section 47-5-20, relating to the creation of the Joint Municipal Employees Benefit System, and inserting in lieu thereof a new Code Section 47-5-20 to read as follows:
"47-5-20. There is created a public corporation of this state to be known as 'The Board of Trustees of the Joint Georgia Municipal Employees Benefit System (JMEBS) (GMEBS).' Said corporation shall be the successor to the Joint Municipal Employees Retirement System (JMERS) and it is the intent of this chapter that all rights, duties, and obligations of JMERS are assigned to and are assumed by the new system. The creation of JMEBS GMEBS shall not increase, diminish, grant, destroy, impair, alter, or otherwise affect any pension, retirement benefit or allowance, survivor's survivors benefit, membership or right to membership, creditable service or right thereto, prior service or right thereto, or any option, election, or right of any kind created pursuant to a contract or ordinance or resolution with the Joint Municipal Employees Retirement System in existence on July 1, 1984. The JMEBS GMEBS board shall have and be vested with, as a minimum, the same rights, powers, duties, privileges, and authority of any board of a municipal employee benefit program to which the JMEBS GMEBS board serves as a successor board."
Section 5. Said title is further amended by adding a new subsection (d) at the end of Code Section 47-5-24, relating to the power of the board of trustees relative to the investment of funds, to read as follows:
"(d) Notwithstanding the investment restrictions of subsection (a) of this Code section, the board of trustees is authorized, for a consideration, to pledge funds held by it to third parties, including lenders, for the purpose of guaranteeing the contract obligations of municipal corporations and other public bodies of this state, providing surety obligations in connection with such contracts, and obligating it to assume any such contracts in the event that the municipal corporation or other public body fails to renew such contract for its full stated term. Such guarantys, sureties, or assumptions shall constitute activities and services that the board of trustees and the contracting municipal corporations or other public bodies are authorized to undertake and provide, and shall be undertaken pursuant to Article IX, Section III, Paragraph I of the Constitution, provided that the full faith and credit of the municipal corporation or other public body receiving the benefit of such guaranty, surety, or assumption is pledged to repay any amounts required to be paid by the board of trustees as a result of such guaranty, surety, or assumption."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 1, 1990

2143

Representative Cummings of the 17th moved that the House agree to the Senate substitute to HB 1639.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Athon Y Atkins Y Bailey Y Baker Y Balkcom Bannister Y Barfoot Y Bargeron Barnett.B Y Barnett.M Y Bates
YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B Clark.H Y Clark.L Y Coleman
Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings.B
Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston YLane.D YLane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Lupton Y Mangum Martin Y McCoy McDonald Y McKelvey

On the motion, the ayes were 147, nays 0. The motion prevailed.

McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody YMorton
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Y Pannell YParham
Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
YRay Y Reaves
Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Sehnan Y Simpson Y Sinkfield

Smith.L Y Smith.P
Smith.T Y Smith, W YSmyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens
Y Streat YTeper
Y Thomas,C Y Thomas,M Y Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Williams.B Y Williams,J Y Yates Y Yeargin Murphy ,Spkr

The following Resolution of the House was read and adopted:

HR 1002. By Representatives Dixon of the 151st, Foster of the 6th, Watson of the 114th, Kilgore of the 42nd and Murphy of the 18th:
A resolution expressing regret at the passing of Carl Martin.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 978. By Representative Holland of the 136th:
A resolution commending the Georgia Peanut Festival and inviting representatives of the Georgia Peanut Festival to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

2144

JOURNAL OF THE HOUSE,

SB 600. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to provide that, except as otherwise provided, any county officer shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecoming the office, demanding excessive costs, or misfeasance or malfeasance in office.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to provide that any county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner, where the office has replaced the tax receiver and tax collector, any member of any board of commissioners, and any mayor or member of any municipal governing authority shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecoming the office, demanding excessive costs, or misfeasance or malfeasance in office; to provide practices and procedures for serving any such accused public officer holding office or formerly holding office with a copy of the indictment to be presented to the grand jury; to provide procedures and limitations relative to the appearance of the accused public officer and his counsel before the grand jury; to provide for the accused to make sworn statements to the grand jury and to be present during presentation of evidence and statements on the proposed indictment to the grand jury; to prohibit the presence of the accused public officer and his counsel in the grand jury room following presentation of all evidence pertaining to the indictment; to provide for trial by jury of the accused public official upon return of a true bill by the grand jury; to provide for punishment and removal of the accused from office upon conviction for any such offense; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by striking Code Section 45-11-4, relating to malpractice, partiality, and conduct unbecoming the office and appearance of public officers and officials before grand juries, and inserting in lieu thereof a new Code Section 45-11-4 to read as follows:
"45-11-4. Any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner, where the office has replaced the tax receiver and tax collector, any member of any board of commissioners, or the any mayor or member of any municipal governing authority, presently or formerly holding such office, who shall be charged with malpractice1 misfeasance, or malfeasance in office; or with using oppression or tyrannical partiality in the administration or under the color of his office; or^ when required by law, with willfully refusing or failing to preside in or hold his court at the regular terms thereof, or when it is his duty under the law to do so; or with using any other deliberate or illegal means to delay or avoid the due course or proceeding of law; or with any other illegal conduct in the performance or administration of the office which is unbecoming the character of an upright magistrate a public officer; or who shall willfully and knowingly demand more cost than he is entitled to by law in the administration and under color of his office may be indicted. The indictment shall specially set forth the merits of the complaint against the accused public officer. A copy of the indictment shall be served on the defendant accused public officer at least 15 days before it is presented to the grand jury. The accused shall have the right to appear before the grand jury ad to make such sworn statement as he shall desire at the conclusion of the presentation of the state's evidence.

THURSDAY, MARCH 1, 1990

2145

The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his counsel to examine the state's witnesses. The accused and his counsel shall have the right to be present during the presentation of all evidence and alleged statements of the accused on the proposed indictment, presentment, or accusationj after which he and his counsel shall retire instanter from the grand jury room to permit the grand jury to deliberate upon the indictment. If a true bill is returned by the grand jury, the indictment shall2 as in other cases2 be published in open court and shall be placed on the superior court criminal docket of cases to be tried by a petit jury; . and, if If the defendant accused is convicted, he shall be punished by a fine or by imprisonment tn the common jail ef the county, or both, at the discretion of the court; and, if still in office, he shall be removed from office."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates YBeck Y Benefield Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark.H
Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

Y McKinney.B Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Morion Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Smith.L Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil.S
Stanley
Y Steele Y Stephens Y Streat
Teper Y Thomas.C
Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker,L Y Wall Ware
Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Game, Fish and Parks and referred to the Committee on Health and Ecology:

2146

JOURNAL OF THE HOUSE,

HB 1926. By Representatives Richardson of the 52nd, Redding of the 50th, Parham of the 105th, Jackson of the 83rd, Oliver of the 121st and others:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals in general, so as to provide for the offense of cruelty to animals.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1254. By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.

Representative White of the 132nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1254 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives White of the 132nd, Irwin of the 13th and Barnett of the 59th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1314.

By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991.

Representative McDonald of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1314 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McDonald of the 12th, Walker of the 115th and Coleman of the 118th.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

THURSDAY, MARCH 1, 1990

2147

SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility.

The following amendment was read and adopted:

The Committee on Retirement moves to amend SB 28 by striking from lines 9 through 12 on page 1 the following:
", to thereby authorize membership in said fund for juvenile probation officers and staff of juvenile detention centers provided as a service to courts by the Department of Human Resources,".
By adding at the end of line 22 on page 2 the word "and".
By striking all matter appearing in lines 23 through 27 on page 2.
By striking from line 28 on page 2 the following:
"(iii)",
and inserting in lieu thereof the following: "(ii)".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd

Y Campbell
Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Y Diion,S Y Dobbs Y Dover
Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones

Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum
Martin
YMcCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr

Orrock Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter Poston
Y Powell Y Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith,T
Y Smith, W Y Smyre YSnow

2148

JOURNAL OF THE HOUSE,

Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat

Teper
Y Thomas.C Y Thomas.M Y Thompson
E Thurmond Y Titus

Y Tolbert
Y Townsend
Y Twiggs
Y Vaughan Y Waddle Y Walker.C

Y Walker.L Y Wall
Ware
Y Watson
Y Watts Y White

Y Wilder
Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 570. By Senators Scott of the 2nd, Langford of the 35th and Albert of the 23rd:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection.

The following amendment was read and adopted:

The Committee on Industry moves to amend SB 570 by adding in the title at the end of line 9 on page 1 the following:
"provide that no carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the Department of Labor, whichever is greater; to".
By adding on line 23 of page 12 between the word "inspected" and the word "by" the following:
"annually and may be inspected more frequently".
By striking from line 24 of page 12 the following:
"each time they are assembled",
and inserting in lieu thereof the following:
"at the owner's or operator's expense".
By adding on line 26 of page 13 between the period and the word "No" the following: "(a)".
By adding between lines 30 and 31 on page 13 the following:
"(b) No carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the department, whichever is greater."

The following amendments were read and adopted:

Representative Randall of the 101st moves to amend SB 570 by striking line 27 of page 16 and inserting in lieu thereof the following:
"maintain in this state a registered agent of record, which".

Representative Randall of the 101st moves to amend SB 570 as follows:

THURSDAY, MARCH 1, 1990

2149

By deleting on page 1, line 10, the word "an" and by deleting on page 1, line 11, the word "office" and inserting in lieu thereof the words "registered agent".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy
N Adams
Aiken Y Alford
Alien Y Athon
Atkins
Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M N Bates
Beck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch N Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell N Carrell
Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B Y Clark.H
N Clark.L N Coleman N Colwell Y Connell E Couch Y Crawford
N Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren N Hudson Y Irwin Y Isakson Y Jackson,J N Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore N Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long NLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy N McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows Y Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
N Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell
Y Parham Parrish Patten
Y Pettit Pinkston
N Poag Y Porter YPoston N Powell YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson N Ricketson Y Robinson N Royal
Y Selman Y Simpson Y Sinkfield

Y Smith.L N Smith.P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Y Teper Y Thomas.C
Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend N Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L N Wall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J
N Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 136, nays 23.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative McDonald of the 12th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 570.

SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.

The following Committee substitute was read and withdrawn:

2150

JOURNAL OP THE HOUSE,

A BILL

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to prohibit the sale, purchase, use, etc. of license plates for the purpose of concealing the identity of the vehicle or to avoid payment of ad valorem taxes; to require that the certificate of registration for a motor vehicle must be provided to the purchaser or transferee of such vehicle; to provide for exceptions; to provide for penalties; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to define certain terms; to provide for cancellation of the title and license plate on certain vehicles; to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements; to provide for all related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-5, relating to use of a license plate for purposes of concealing or misrepresenting the identity of a vehicle, which reads as follows:
"40-2-5. (a) It shall be unlawful to buy, steal, sell, receive, dispose of, conceal, possess, or use any vehicle license plate upon or in conjunction with the possession of any such vehicle except the vehicle for which the plate was issued, for the purpose of concealing or misrepresenting the identity of any vehicle which is required to bear a license plate.
(b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one nor more than five years.", and inserting in lieu thereof a new Code Section 40-2-5 to read as follows:
"40-2-5. (a) Except as otherwise provided in this chapter, it shall be unlawful: (1) To remove or transfer a license plate from the motor vehicle for which such
license plate was issued; (2) To sell or otherwise transfer or dispose of a license plate upon or for use on
any motor vehicle other than the vehicle for which such license plate was issued; (3) To buy, receive, use, or possess for use on a motor vehicle any license plate not
issued for use on such motor vehicle; or (4) To operate a motor vehicle bearing a license plate which was improperly
removed or transferred from another vehicle. (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one nor more than five years."

Section 2. Said chapter is further amended by striking Code Section 40-2-20, relating to motor vehicle registration and license requirements, in its entirety and inserting in lieu thereof a new Code Section 40-2-20 to read as follows:
"40-2-20. (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every

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used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the seller or transferor does not possess the certificate of registration or, in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate, if any, of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation.
(b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other
political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable;
(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped. (c) Any person who fails to comply with any requirements of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00."

Section 3. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, is amended by striking paragraph (12) of Code Section 40-3-2, relating to the definition of a salvage motor vehicle, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Salvage motor vehicle' means any motor vehicle which:
(A) Has Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair;
(B) Has Which has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which th insurance company has paM a total less claim; er ;
(C) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered undamaged or damaged only to the extent that its restoration to an operable condition would not require the replacement of two or more major component parts and which has the manufacturer's vehicle identification number plate intact; or
{ ) (D) fe Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been

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the subject of a retail sale to a consumer, and has never been issued a certificate of title."

Section 4. Said chapter is further amended by striking Code Section 40-3-35, relating to cancellation of certificates of title for certain vehicles, in its entirety and inserting a new Code Section 40-3-35 to read as follows:
"40-3-35. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation.
(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of:
the (A) The front clip assembly, which includes the fenders, grill, hood, and bumper;
the (B) The rear clip assembly, which includes the quarter panels and the floor panel assembly;
trie (C) The top assembly, excluding a soft top; th (D) The frame; and a (E) A complete side, which includes the fenders, door, and quarter panel er
having paid a total less claim shall mail or deliver the certificate of title to the commissioner for cancellation.
(3) (A) Any insurance company which acquires title to a damaged motor vehicle by payment of a total loss claim shall, on a form prescribed by the commissioner, notify the commissioner of the payment of a total loss claim and shall mail or deliver the certificate of title to the commissioner for cancellation or issuance of a salvage certificate of title.
(B) Any insurance company which pays a total loss claim but does not acquire title to such vehicle shall, on a form prescribed by the commissioner, notify the commissioner and the owner of the payment of a total loss claim but shall not be required to surrender the certificate of title to such vehicle. (4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commissioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a salvage certificate of title. (D) Jixcept as provided m su Dsection \a) of tnis ^>ouc section, any person, iirm^ or
to tne commissioner tor a salvage certificate of title tor sucn motor vcniclc witnin TO days ot tne purcnasc or acquisition of tnc motor venicie or witnin ~to days of tnc pay-
person, firm, or corporation intends to operate or to sell, convey, or transfer tnc motor vehicle; and no sucn person, firm, OF corporation snail sell, transfer, OF convey ft salvage motor venicle until sucn person, Iirm, or corporation nas applied tor and oDLmncd a salvage certificate of title.
(b) (1) Any registered owner of a vehicle for which a total loss claim has been paid who retains possession of such vehicle, regardless of the number of major component parts required to repair such vehicle, and any security interest holder or lienholder having custody of the certificate of title of a vehicle for which a total loss claim has been paid shall apply to the commissioner for a salvage certificate of title for such motor vehicle as provided in this subsection prior to the operation, sale, conveyance, or transfer of such salvage motor vehicle.

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(2) Any insurance company which pays a total loss claim for a salvage motor vehicle and takes possession of such motor vehicle shall apply to the commissioner for a salvage certificate of title within 30 days after paying such total loss claim.
(3) Any other person, firm, or corporation not covered by paragraph (1) or (2) of this subsection which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim to the registered owner of the salvage motor vehiclej if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title. (c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
(d) Any certificate of title which is issued te for a salvage motor vehicle, as provided for in this subsection Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle.
(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-35.1, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administra-
tive remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance
with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Insurance Commissioner Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Insurance Commissioner Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Insurance Commissioner Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor.

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(i) The registered owner of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such
plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation."

Section 5. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duties of a person removing or storing a vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting removal of such or his agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed.
(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered

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or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network.
(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees.
(1) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 6. Said chapter is further amended by striking Code Section 40-11-3, relating to when peace officers may remove vehicles from public property and notice requirements, in its entirety and inserting in lieu thereof a new Code Section 40-11-3 to read as follows:
"40-11-3. (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle.
(b) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property shall be authorized immediately to cause such motor vehicle to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety.
(c) Any peace officer who, under this Code section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
(d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown:
(A) Notify the Department of Revenue and the Georgia Crime Information Cen-
ter of the description of the vehicle and the location to which such motor vehicle
has been removed; and

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(B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle. (2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact."

Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Parham of the 105th, was read:

A BILL

To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed; to provide definitions; to provide exceptions; to provide limitations on certain remedies; to provide penalties; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to prohibit the sale, purchase, use, etc. of license plates for the purpose of concealing the identity of the vehicle or to avoid payment of ad valorem taxes; to require that the certificate of registration for a motor vehicle must be provided to the purchaser or transferee of such vehicle; to provide for exceptions; to provide for penalties; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to define certain terms; to provide for cancellation of the title and license plate on certain vehicles; to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements; to provide for all related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, is amended by adding after Code Section 40-1-4 a new Code Section 40-1-5 to read as follows:
"40-1-5. (a) As used in this Code section, the terms 'dealer,' 'distributor,' 'manufacturer,' and 'new motor vehicle,' shall have the same meaning as set forth in Code Section 40-2-36.1.
(b) Except as provided in this subsection and in subsection (c) of this Code section, prior to the sale of a new motor vehicle, a dealer must disclose to the buyer any damage which has occurred to the vehicle of which the dealer has actual knowledge and which costs more than 5 percent of the manufacturer's suggested retail price to repair. Prior to the sale of a new motor vehicle, a dealer must also disclose to the buyer any damage which has occurred to the paint of which the dealer has actual knowledge and which costs more than $500.00 to repair. Damages shall be calculated at the actual cost of such repair.
(c) Notwithstanding anything to the contrary in subsection (b) of this Code section, in calculating the amount of damage for purposes of disclosure under subsection (b) of this Code section, a dealer shall not be required to take into account nor shall a dealer be required to disclose damage to glass, tires, wheels, bumpers, radio, or in-dash audio

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equipment, regardless of cost, so long as the item is replaced with original or reasonably comparable equipment.
(d) Prior to the delivery of a new motor vehicle, each manufacturer, distributor, carrier, or motor vehicle importer must disclose to the dealer any damage which has occurred to the vehicle of which the manufacturer, distributor, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, distributor, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the dealer for any liability imposed on such dealer for a failure on the part of the dealer to comply with the requirements of this Code section.
(e) Prior to the delivery of a new motor vehicle, each manufacturer, carrier, or motor vehicle importer must disclose to the distributor any damage which has occurred to the vehicle of which the manufacturer, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the distributor for any liability imposed on such distributor for a failure on the part of the distributor to comply with the requirements of this Code section.
(f) If disclosure is not required under this Code section, a buyer may not revoke or rescind a sales contract, and relief may not be sought under this or any other provision of this Code, including Part 2 of Article 15 of Chapter 1 of Title 10 due to the fact that the new motor vehicle was damaged and repaired prior to the sale.
(g) A violation of this Code section shall be a per se violation of Code Section 10-1-393, and the penalties, procedures, and remedies applicable to violations of Code Section 10-1-393 shall be applicable to a violation of this Code section."

Section 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-5, relating to use of a license plate for purposes of concealing or misrepresenting the identity of a vehicle, which reads as follows:
"40-2-5. (a) It shall be unlawful to buy, steal, sell, receive, dispose of, conceal, possess, or use any vehicle license plate upon or in conjunction with the possession of any such vehicle except the vehicle for which the plate was issued, for the purpose of concealing or misrepresenting the identity of any vehicle which is required to bear a license plate.
(b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one nor more than five years.", and inserting in lieu thereof a new Code Section 40-2-5 to read as follows:
"40-2-5. (a) Except as otherwise provided in this chapter, it shall be unlawful: (1) To remove or transfer a license plate from the motor vehicle for which such
license plate was issued; (2) To sell or otherwise transfer or dispose of a license plate upon or for use on
any motor vehicle other than the vehicle for which such license plate was issued; (3) To buy, receive, use, or possess for use on a motor vehicle any license plate not
issued for use on such motor vehicle; or (4) To operate a motor vehicle bearing a license plate which was improperly
removed or transferred from another vehicle. (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one nor more than five years."

Section 3. Said chapter is further amended by striking Code Section 40-2-20, relating to motor vehicle registration and license requirements, in its entirety and inserting in lieu thereof a new Code Section 40-2-20 to read as follows:
"40-2-20. (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall,

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on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in those cases where there js no current and valid Georgia certificate of registration or in those situations where the seller or transferor does not possess the certificate of registration or, in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate, if any, of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation.
(b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other
political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable;
(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped. (c) Any person who fails to comply with any requirements of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00."

Section 4. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, is amended by striking paragraph (12) of Code Section 40-3-2, relating to the definition of a salvage motor vehicle, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Salvage motor vehicle' means any motor vehicle which: (A) Has Which has been damaged to the extent that its restoration to an operable
condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair;
(B) Has Which has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which the insurance company has paid a total less claim; er ;
(C) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered undamaged or damaged only to the

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extent that its restoration to an operable condition would not require the replacement of two or more major component parts and which has the manufacturer's vehicle identification number plate intact; or
{ ) (D) fe Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title."

Section 5. Said chapter is further amended by striking Code Section 40-3-35, relating to cancellation of certificates of title for certain vehicles, in its entirety and inserting a new Code Section 40-3-35 to read as follows:
"40-3-35. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation.
(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of:
th (A) The front clip assembly, which includes the fenders, grill, hood, and bumper;
the (B) The rear clip assembly, which includes the quarter panels and the floor panel assembly;
the (C) The top assembly, excluding a soft top; the (D) The frame; and a (E) A complete side, which includes the fenders, door, and quarter panel er
having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation.
(3) (A) Any insurance company which acquires title to a damaged motor vehicle by payment of a total loss claim shall, on a form prescribed by the commissioner, notify the commissioner of the payment of a total loss claim and shall mail or deliver the certificate of title to the commissioner for cancellation or issuance of a salvage certificate of title.
(B) Any insurance company which pays a total loss claim but does not acquire title to such vehicle shall, on a form prescribed by the commissioner, notify the commissioner and the owner of the payment of a total loss claim but shall not be required to surrender the certificate of title to such vehicle. (4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commissioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a salvage certificate of title. \o) Hixcept fts provided m suDsec11on \d/ ot this v>ode section^ ony person, iirwij OP
to the commissioner tor ft S8lvfte cer1111Cftte of title top such motor vehicle within TO of trie pUPchdse or Acquisition OT the motor vehicle OP within TO dsys of the pfly* ot 8 totfll loss clsim to the Peistered owner ot trie sfliv&ge motor vehicle, ~it the
vehicle j &nd no such person, tirm, OP corpor&tion shtll sell, tpsrisiepj OP convey 8 s&lv&ge meter vehicle wrttl such person, firm, er corporation has applied for ad obtained a salvage certificate ef title.
(b) (1) Any registered owner of a vehicle for which a total loss claim has been paid who retains possession of such vehicle, regardless of the number of major component

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parts required to repair such vehicle, and any security interest holder or lienholder having custody of the certificate of title of a vehicle for which a total loss claim has been paid shall apply to the commissioner for a salvage certificate of title for such motor vehicle as provided in this subsection prior to the operation, sale, conveyance, or transfer of such salvage motor vehicle.
(2) Any insurance company which pays a total loss claim for a salvage motor vehicle and takes possession of such motor vehicle shall apply to the commissioner for a salvage certificate of title within 30 days after paying such total loss claim.
(3) Any other person, firm, or corporation not covered by paragraph (1) or (2) of this subsection which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.
(c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
(d) Any certificate of title which is issued to for a salvage motor vehicle, as provided for in this subsection Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle.
(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-35.1, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Insurance Commissioner Commissioner of Insurance is authorized to enforce
the provisions of this Code section to the extent such provisions are applicable to insur-
ers which are under the jurisdiction of the Insurance Department. The Insurance Com-
missioner Commissioner of Insurance is also authorized to cooperate with the
commissioner in enforcing this Code section and to provide the commissioner with any
information acquired by the Insurance Commissioner Commissioner of Insurance during
any investigation or proceeding involving this Code section. Nothing in this subsection

THURSDAY, MARCH 1, 1990

2161

shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to violate the provisions
of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor.
(i) The registered owner of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such
plate to the commissioner for cancellation. An insurer which pays a total loss claim shall,
on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation."

Section 6. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duties of a person removing or storing a vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting removal of such or his agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed.
(e) If the owner^ security interest holder, or lienholder fails to redeem such motor
vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired
by a repair facility or being stored by an insurance company providing insurance to
cover damages to the vehicle becomes abandoned, the person removing or storing such
motor vehicle shall, within seven calendar days of the day such vehicle became an aban-
doned motor vehicle, give notice in writing, by sworn statement, to the Department of
Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle
identification number, the license number, the fact that such vehicle is an abandoned

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motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network.
(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees.
(1) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor."

Section 7. Said chapter is further amended by striking Code Section 40-11-3, relating to when peace officers may remove vehicles from public property and notice requirements, in its entirety and inserting in lieu thereof a new Code Section 40-11-3 to read as follows:
"40-11-3. (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle.
(b) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property shall be authorized immediately to cause such motor vehicle to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety.
(c) Any peace officer who, under this Code section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.

THURSDAY, MARCH 1, 1990

2163

(d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown:
(A) Notify the Department of Revenue and the Georgia Crime Information Center of the description of the vehicle and the location to which such motor vehicle has been removed; and
(B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle. (2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact."

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Simpson of the 70th and Thomas of the 69th move to amend the Floor substitute to SB 450 by striking from line 11 of page 1 the following:
"taxes;"
and inserting in lieu thereof the following:
"taxes; to authorize use of an expired prestige license plate on the front of a vehicle;".
By striking the quotation marks at the end of line 8 of page 5 and by inserting between lines 8 and 9 of page 5 the following:
"(c) It shall not be unlawful for any person to place an expired prestige license plate on the front of a motor vehicle provided that such vehicle also bears a current valid license plate on the rear of such vehicle."

Representative Jackson of the 9th moves to amend the Floor substitute to SB 450 as follows:
By striking on page 11 starting on line 21 the following:
"or within 30 days of the payment of a total loss claim to the registered owner of the salvage motor vehicle,".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

2164
Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

JOURNAL OF THE HOUSE,

Y Childers
Clark.B Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd.J.M Y Floyd.J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Postal Y Powell
Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T
Smith.W YSmyre YSnow
Y Stancil.F Stancil,S Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.

Representative Beck of the 148th moved that the House insist on its position in substituting SB 524.
The motion prevailed.

The Speaker Pro Tern assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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2165

HB 1916.

By Representative Murphy of the 18th:
A bill to amend an Act creating the office of sole commissioner of Haralson County, so as to submit to the voters of Haralson County the question of changing the form of government of Haralson County; to provide for the creation of a multimember board of commissioners as the governing authority of Haralson County.

The following Senate amendment was read:

Amend HB 1916 by striking the figure "$8,000.00" on line 29 of page 4 and inserting in its place the figure "$4,500.00".

By striking the figure "$7,500.00" on line 30 of page 4 and inserting in its place the figure "$4,000.00".

By striking the figure "$35,000.00" on line 26 of page 7 and inserting in its place the figure "$50,000.00".

Representative Murphy of the 18th moved that the House agree to the Senate amendment to HB 1916.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The Speaker assumed the Chair.

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 554 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 434 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
Chairman

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JOURNAL OF THE HOUSE,

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

THURSDAY, MARCH 1, 1990

2167

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 711 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman

The following Resolutions were read and adopted:

HR 1003.

By Representatives Thomas of the 31st, Stanley of the 33rd, Sinkfield of the 37th, McKinney of the 40th and Davis of the 29th:
A resolution commending Dr. J. Jerome Harris, Atlanta Superintendent of Schools, and the Atlanta Board of Education.

HR 1004. By Representatives Clark of the 55th, Davis of the 29th, Thomas of the 31st, McKinney of the 35th, Brooks of the 34th and others:
A resolution expressing regret of the untimely passing of Mr. Aaron "Butch" Brown.

HR 1005. By Representative Buford of the 103rd: A resolution commending Neil M. Cullinan.

HR 1006. By Representatives Buford of the 103rd, Pinkston of the 100th, Lucas of the 102nd, Groover of the 99th, Birdsong of the 104th and others:
A resolution commending the Macon Board of Realtors.

HR 1007. By Representative Richardson of the 52nd: A resolution commending Dr. Aaron T. Beck.

HR 1008. By Representative Waddle of the 113th: A resolution commending Ms. Pattie Purvis.

HR 1009. By Representatives Stephens of the 68th, Kingston of the 125th, Thurmond of the 67th, Dixon of the 128th, Holland of the 136th and others:
A resolution expressing regret at the untimely passing of UGA IV.

HR 1010. By Representative Chance of the 129th: A resolution commending Mr. William Henry Robbins.

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JOURNAL OF THE HOUSE,

HR 1011. By Representative Oliver of the 121st: A resolution commending Honorable Jean H. DeLoach.

HR 1012. By Representatives Martin of the 26th, Teper of the 46th, Sinkfield of the 37th, Orrock of the 30th, Benn of the 38th and others:
A resolution commending Central Metals Company of Atlanta.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the Senate were taken up for consideration and read the third time:

SR 413. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.

The following substitute, offered by Representative Manner of the 131st, was read and adopted:

A RESOLUTION
Granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; consenting to the annexation of certain state owned real property located in Calhoun County into the corporate limits of the City of Morgan; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in the 1645th Georgia Militia District of Tattnall County, Georgia, which is in the custody of the Department of Corrections; and
WHEREAS, Tattnall County is expanding its solid waste landfill which is adjacent to the above-described state property; and
WHEREAS, Tattnall County is desirous of gaining access to the above-mentioned landfill across state property; and
WHEREAS, the Commissioner of the Department of Corrections endorses the granting of this easement to Tattnall County; and
WHEREAS, the State of Georgia is the owner of certain real property located in Calhoun County; and
WHEREAS, such property is under the control of the Department of Corrections; and
WHEREAS, a state correctional facility is being constructed on said state property; and
WHEREAS, it would be beneficial to the State of Georgia to have the real property on which such state correctional facility is located annexed into the corporate limits of the City of Morgan so that the correctional facility could receive municipal services from the city; and
WHEREAS, Code Sections 36-36-2 and 36-36-22 of the O.C.G.A. authorize the annexation of such property upon the application of the landowners affected; and

THURSDAY, MARCH 1, 1990

2169

WHEREAS, the Board of Commissioners of Calhoun County has indicated through its chairman that it does not oppose such annexation.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
Section 1. That the State of Georgia is the owner of the hereinafter described real property in Tattnall County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Tattnall County Board of Commissioners a nonexclusive right-of-way easement for the construction, operation, and maintenance of a road right-ofway in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a road right-of-way, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said right-of-way easement area is located in Georgia Militia District 1645 of Tattnall County, Georgia, and will be more particularly described on a plat of survey prepared by a Georgia registered land surveyor presented to and acceptable by the State Properties Commission.
Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said road right-of-way.
Section 4. That Tattnall County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said road right-of-way.
Section 5. That, after Tattnall County has put into use the road right-of-way for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Tattnall County, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, its successors and assigns.
Section 6. That no title shall be conveyed to Tattnall County and, except as herein specifically granted to Tattnall County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Tattnall County.
Section 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Tattnall County shall remove or relocate its facilities at its sole cost and expense.
Section 8. That the easement granted to Tattnall County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use more accurate descriptions of the easement area, so long as the descriptions utilized by the State Properties Commission describe the same easement area herein granted.
Section 9. That the consideration for such easement shall be $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said road right-of-way.

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Section 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II
Section 1. That the General Assembly and the State of Georgia grant their consent to the annexation by the City of Morgan of the real property located in Calhoun County subject to compliance with any and all other lawful requirements, which property is more particularly described as follows:
All that tract or parcel of land situate, lying and being in Lot of Land Nos. 162 and 163 of the Third Land District of Calhoun County, Georgia, consisting of 168.872 acres and being more specifically described as follows: Begin at a reference point which lies on the north right-of-way of Georgia Highway No. 45 at a point where the same is intersected by the west right-of-way of County Road No. 58 and from said reference point run thence in a westerly direction along the north right-of-way of Georgia Highway No. 45 a distance of 1,530.2 feet to the point of beginning of the herein described property; thence continue in a westerly direction along the north right-of-way of Georgia Highway No. 45 the chord of which is south 88 degrees 54 minutes 12 seconds west for a distance of 686.83 feet to a point; thence continue in a westerly direction along the north rightof-way of Georgia Highway No. 45 north 84 degrees 16 minutes 40 seconds west a distance of 1,796.93 feet to an iron pin; thence run north 0 degrees 54 minutes 32 seconds east a distance of 2,045.32 feet to an iron pin; thence run south 88 degrees 54 minutes 0 seconds east a distance of 1,669.94 feet to a concrete monument; thence run south 88 degrees 38 minutes 28 seconds east for a distance of 2,225.55 feet to an iron pin on the west right-of-way of County Road No. 58; thence run south 1 degree 1 minute 30 seconds east a distance of 1,308.37 feet to an iron pin; thence run north 88 degrees 38 minutes 28 seconds west for a distance of 675 feet to an iron pin; thence run south 60 degrees 32 minutes 31 seconds west a distance of 945 feet to an iron pin; thence run south 03 degrees 23 minutes 43 seconds east a distance of 370 feet to an iron pin and the point of beginning.
The property herein described is more particularly defined and delineated by reference to a plat and survey of the same made by Grady Lodge Holman, prepared December 15, 1987, and said plat being entitled, "Proposed Acquisition by the State of Georgia."
Section 2. That this article of this resolution shall constitute the consent, request, and application of the State of Georgia as the owner of the above-described real property on which the state correctional facility will be located pursuant to Code Sections 36-36-2 and 36-36-22 of the O.C.G.A.
ARTICLE III
Section 1. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 2. That all laws and parts of laws in conflict with this resolution are repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SR 332. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A resolution ratifying the supplemental funding formula for regional development centers established by the Department of Community Affairs; to provide for an effective date.

THURSDAY, MARCH 1, 1990

2171

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 109, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 529. By Senator Harris of the 27th:
A bill to amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale and storage of liquefied petroleum gas, so as to change provisions relating to storage facilities required to be maintained by persons, firms, and corporations licensed to sell or distribute liquefied petroleum gas.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SR 217. By Senator Puller of the 52nd:
A resolution urging the Board of Medical Assistance to take certain action regarding the Medicaid program.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 98, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1381. By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents.

The following Senate amendment was read:

Amend HB 1381 by inserting immediately following the word and symbol "foregoing;" on line 7 of page 1 the following:
"to change the level of tax liability below which no return need be filed and no taxes need be paid;"
By inserting immediately following line 27 of page 1 the following:
"Section 2. Said article is further amended by striking paragraph (2) of subsection (e) of Code Section 48-6-27, relating to returns of intangible personal property for taxation, and inserting in lieu thereof a new paragraph (2) to read as follows:

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JOURNAL OF THE HOUSE,

'(2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $6^6 $20.00.'"
By striking the number "2" on line 1 of page 2 and inserting in lieu thereof the number "3".

Representative Kingston of the 125th moved that the House disagree to the Senate amendment to HB 1381.
Representative Linder of the 44th moved that the House agree to the Senate amendment to HB 1381.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron
N Abernathy
N Adams Aiken Alford Alien
N Athon Y Atkins N Bailey N Baker
Balkcom Y Bannister
Barfoot Y Bargeron N Barnett.B Y Barnett.M Y Bates NBeck N Benefield
Benn N Birdsong N Bishop N Bostick N Branch Y Breedlove N Brooks Y Brown
Buck Y Buford NByrd
Y Campbell Y Carrell Y Carter N Chambless N Chance Y Cheeks

N Childers
N Clark.B
Y Clark.H N Clark.L N Coleman
Colwell Connell E Couch N Crawford N Crosby N Cummings.B Cummings,M
N Davis.C N Davis.G Y Davis.M N Dixon.H N Dixon.S Y Dobbs
N Dover N Dunn N Edwards Y Ehrhart Y Felton N Fennel
N Floyd.J.M N Floyd,J.W Y Foster
N Godbee Y Goodwin N Green N Greene Y Gresham Y Griffin N Groover N Hamilton N Hanner

N Harris Y Hasty
Y Heard Herbert
N Holcomb N Holland
N Holmes N Hooks
Y Howren Y Hudson N Irwin Y Isakson
N Jackson,J Jackson.W
Y Jamieson Jenkins
N Johnson Y Jones
N Kilgore N Kingston
Lane.D Y Lane.R N Langford Y Lawrence
Y Lawson NLee Y Linder N Long NLord N Lucas Y Lupton
Mangum N Martin N McCoy Y McDonald N McKelvey

McKinney,B
Y McKinney.C N Meadows Y Milam N Mobley Y Moody Y Morton N Moultrie Y Mueller N Oliver.C N Oliver.M YOrr
N Orrock N Padgett N Pannell
N Parham N Parrish N Patten Y Pettit
Pinkston YPoag N Porter N Poston N Powell NRandall Y Ransom NRay
Reaves N Redding
Richardson
N Ricketson N Robinson N Royal N Selman N Simpson
Sinkfield

Y Smith.L N Smith.P
Smith.T Y Smith.W
Smyre NSnow N Stancil.F
Y Stancil,S Stanley
Y Steele N Stephens N Streat N Teper
Thomas.C Y Thomas,M
Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C N Walker.L
Y Wall Ware
N Watson N Watts
White
Y Wilder Y Williams.B
Williams,.! N Yates N Yeargin
Murphy.Spkr

On the motion, the ayes were 56, nays 91. The motion lost, and the House disagreed to the Senate amendment to HB 1381.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 1927.

By Representative Carter of the 146th:
A bill to amend an Act creating the Board of Commissioners of Berrien County, so as to change the provisions relating to the compensation of members of the board of commissioners.

The following Senate amendment was read:

THURSDAY, MARCH 1, 1990

2173

Amend HB 1927 by striking line 24 of page 2 and inserting in lieu thereof the following:
"of the Nashville G.M.D.; and".

Representative Carter of the 146th moved that the House agree to the Senate amendment to HB 1927.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1360.

By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uniform rules of the road.

The following Senate amendment was read:

SENATE AMENDMENT No. 1

Amend HB 1360 by striking from line 29 of page 52 the following:
"calendar year",
and inserting in lieu thereof the following:
"calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate".
By inserting at the end of line 21 of page 53 the following:
"There shall be a transfer and cancellation fee of $1.00 for the transfer of any other reservist license plate.".
By striking from line 7 and lines 28 and 29 of page 55 the following:
"entitled to no more than one such plate at a time",
and inserting in lieu thereof the following:
"entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate".
By adding following the word and symbol "plates." on line 21 of page 56 the following:
"There shall be a transfer and cancellation fee of $1.00 for the transfer of any other National Guard license plate.".

Representative Jackson of the 9th moved that the House agree to the Senate amendment No. 1 to HB 1360.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams

Y Aiken Y Alford
Alien

Y Athon Y Atkins
Bailey

Y Baker Balkcom
Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

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JOURNAL OF THE HOUSE,

Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H
Clark.L Coleman Colwell Connell E Couch Y Crawford
Y Crosby Y Cummings.B
Cummings.M

Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Banner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson Ylrwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Jenkins
Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter YPoston Y Powell YRandall Y Ransom YRay
Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith,P Y Smith.T

On the motion, the ayes were 153, nays 0. The motion prevailed.

Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

The following Senate amendment was read:

SENATE AMENDMENT No. 2
Amend HB 1360 on page 161 line 21 and page 250, line 8 delete "$35.00" and insert "$15.00" and on page 161 line 29 delete "65.00" and insert "35.00".

Representative Jackson of the 9th moved to amend the Senate amendment No. 2 as follows:
Amend the Senate floor amendment (the Collins amendment) to HB 1360 by striking from line 3 of page 1 the following:
"15.00", and inserting in lieu thereof the following:
"35.00".
By striking from line 7 of page 1 the following:
"35.00", and inserting in lieu thereof the following:
"65.00".

On the adoption of the amendment to the Senate amendment No. 2, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 1, 1990

2175

Y Aaron Abernathy
Y Adams Y Aiken
Alford Alien Y Athon Y Atkins Bailey Y Baker Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D Y Lane.R Y Langford
Lawrence Y Lawson YLee
Linder Long YLord Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Pinks ton YPoag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Steele Y Stephens Y Streat Y Teper
Thomas.C Thomas, M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams,J Yates Y Yeargin Murphy,Spkr

On the adoption of the amendment to Senate amendment No. 2, the ayes were 151, nays 0.
The amendment to Senate amendment No. 2 was adopted.

Representative Carrell of the 65th wished to be recorded as abstaining on the preceding roll call.

On the motion to agree to the Senate amendment No. 2, as amended by the House, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Adams Y Aiken Y Alford
Alien Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Harriett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove

Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell E Couch Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C Y Davis.G

Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Manner Y Harris Y Hasty Y Heard

Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin YIsakson Y Jackson,J
Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long

YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish

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JOURNAL OF THE HOUSE,

Y Patten Y Pettit
Pinkston Y Poag Y Porter Y Poston
Y Powell Y Randall Y Ransom Y Ray
Reaves

Y Bedding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman
Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T

Y Smith,W Smyre
Y Snow Y Stancil.F Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat Y Teper Y Thomas.C

Thomas,M Y Thompson
E Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,!.

On the motion, the ayes were 154, nays 0. The motion prevailed.

Y Wall Ware
Y Watson Y Watts Y White Y Wilder
Y Williams.B Williams,J Yates
Y Yeargin Murphy.Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate:

SR 496. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st. A resolution relative to adjournment.

The Senate has disagreed to the House amendment to the following Bill of the Senate:

SB 749. By Senators Scott of the 2nd and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for cost-of-living increases.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1945. By Representatives Irwin of the 13th, Clark of the 13th, Thurmond of the 67th and Stephens of the 68th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, so as to provide for the number of members and for the election of members of the Board of Education of Clarke County.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1314.

By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1990 and ending June 30, 1991.

The President has appointed on the part of the Senate the following:

THURSDAY, MARCH 1, 1990

2177

Senators Kennedy of the 4th, Allgood of the 22nd and Starr of the 44th.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1945. By Representatives Irwin of the 13th, Clark of the 13th, Thurmond of the 67th and Stephens of the 68th:
A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, so as to provide for the number of members and for the election of members of the Board of Education of Clarke County.

The following Senate substitute was read:

A BILL
To amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, so as to provide for the number of members and for the election of members of the Board of Education of Clarke County; to provide for education districts; to provide for elections; to provide for the compensation of the members; to provide for the filling of vacancies; to provide for the election of the chairman of the board; to repeal certain provisions; to provide for related matters; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. (a) The Board of Education of Clarke County shall be composed of eight members to be elected as provided in this Act. For the purpose of electing members of the Board of Education of Clarke County, the Clarke County School District shall be divided into eight education districts as follows:
Education District No. 1
Clarke Tract 14.01 Blocks 101 through 107, 110 through 112, and 116 through 122 Tract 14.02 Block Groups 1 through 6 Blocks 701 through 707 and 722 Those parts of Blocks 723 and 724 lying southeast of the Southern Railroad Line Blocks 725 through 732 Tract 15.02 Blocks 101 through 114 and 126 through 134 Block Group 2

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JOURNAL OF THE HOUSE,

Education District No. 2
Clarke Tract 3 Block Groups 1 and 2 Blocks 301 through 345 Tract 14.01 Blocks 108, 109, and 113 through 115 Block Group 2 Tract 14.02 Blocks 708 through 721 Those parts of Blocks 723 and 724 lying northwest of the Southern Railroad Line
Education District No. 3
Clarke Tract 1 Blocks 106 through 115, 118 through 127, and 137 through 142 Tract 2 Block Group 1 Tract 5 Block 101 Tract 6 Blocks 110 and 125 through 143 Block Group 2 Tract 9
Education District No. 4
Clarke Tract 1 Blocks 101 through 105, 116, 117, and 128 through 136 Tract 3 Blocks 346 through 360 Tract 4 Tract 5 Blocks 102, 104, and 105 Tract 10 Blocks 201 through 213 and 215 through 227 Tract 11 Blocks 205 through 218 Blocks 301 through 310
Education District No. 5
Clarke Tract 2 Block Group 2 Tract 6 Blocks 101 through 109 and 111 through 124 Tracts 7 and 8
Education District No. 6
Clarke

THURSDAY, MARCH 1, 1990

2179

Tract 13.01 Blocks 101 through 107 Block Groups 2 through 4 That part of Block 502 which lies northwest of Highway 10 (the Bypass) Blocks 503 through 510
Tract 13.02
Education District No. 7
Clarke Tract 5 Block 103 Tract 10 Blocks 101 through 115 and 117 through 131 Block 214 Tract 11 Block Group 1 Blocks 201 through 204 Tract 12 Tract 13.01 Blocks 108 through 121 That part of Block 502 which lies southeast of Highway 10 (the Bypass) Tract 15.02 Blocks 401 through 414 and 417
Education District No. 8
Clarke Tract 11 Blocks 311 through 317 Tract 15.01 Tract 15.02 Blocks 135 and 136 Block Group 3 Blocks 415 and 416
(b) For the purposes of this section: (1) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and
shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (c) Any portion of the Clarke County School District which is not included in any education district described in this section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (d) Candidates offering for election to said board of education shall designate the education district for which they are offering. There shall be elected one member from each of said districts. No person shall be eligible as a candidate for election to said board of education unless such person shall have been a bona fide resident of the education district for which such person is offering for at least one year immediately preceding the date of the election. If members of the board move their residence from the respective education districts which they represent, their respective positions on the board shall thereby become vacant, and such vacancies shall be filled as provided in subsection (g) of this section. Candidates shall be elected by a majority vote of the qualified

2180

JOURNAL OF THE HOUSE,

voters voting within their respective education districts as provided in subsection (e) of this section.
(e) The members of the board of education shall be nominated and elected in nonpartisan primaries and elections as provided for in Code Section 21-2-139 of the O.C.G.A. The primaries shall be held on the same date as the general primary in the years during which general primaries are held and the elections shall be held on the same date as the general election in the years during which general elections are held. Except for being elected from education districts as provided for in this section, each member of the board of education shall be nominated and elected at said nonpartisan primaries and elections as provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'
(f) The initial members of the Board of Education of Clarke County provided for by this section shall be elected at the general election in November, 1992, and shall take office on the first day of January next following their election. In order to provide for staggered terms, the members elected to represent Education Districts No. 1, No. 2, No. 3, and No. 4 shall serve for terms of four years each and until their respective successors are elected and qualified. The members elected to represent Education Districts No. 5, No. 6, No. 7, and No. 8 shall serve for terms of two years each and until their respective successors are elected and qualified. All board of education members elected in subsequent elections after the general election of 1992 shall serve for terms of four years each and until their respective successors are elected and qualified, so that four members of the board of education shall be elected at the general election held every two years.
(g) In the event of a vacancy on the board of education for any reason, such vacancy shall be filled as follows:
(1) If the vacancy occurs during the first 20 months of a term of office, the vacancy shall be filled for the unexpired term of office by the election of a successor at a special election in the education district wherein the vacancy occurred. Such special election shall be held on the same date as the election for school board members which is first held immediately following the occurrence of the vacancy. The remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy exists to fill such vacancy until it is filled by election as provided in this paragraph. The special elections provided for in this paragraph and any run-off elections that may be necessary to determine a winner by majority vote of the voters voting within the applicable education district shall be held and conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.' A person elected to fill a vacancy as provided in this paragraph shall take office on the first day of January immediately following the election to serve for the remainder of the unexpired term; or
(2) If the vacancy occurs during the last 28 months of a term of office, the remaining members of the board shall appoint a qualified resident of the education district wherein the vacancy occurred to serve for the remainder of the unexpired term,
(h) The chairman of the Board of Education of Clarke County shall be elected from the membership of the board by a majority vote of the members. The chairman shall be elected at the first regular meeting of the board held during January of each oddnumbered year and shall serve until a successor is elected by the board as herein provided. The chairman shall be compensated in the amount of $75.00 per meeting not to exceed $375.00 per month, and each of the other members shall be compensated in the amount of $50.00 per meeting not to exceed $250.00 per month.
(i) Each member of the board of education, upon assuming office, shall take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the Superior Court of Clarke County or by the clerk of the same. The board of education shall hold regular monthly meetings on a date fixed by said board but may, by resolution, dispense with such meetings during June, July, and August of each year. The chairman may call special meetings upon 24 hours' written notice to the board members or shall call a special meeting upon written request of two-thirds of the board members. At all meetings a majority of the entire membership of said board shall constitute a quorum for the transaction of business."

THURSDAY, MARCH 1, 1990

2181

Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof the following:
"Section 6. Reserved."
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clarke County shall call and conduct a referendum election for the purpose of submitting this Act to the electors of the Clarke County School District for approval or rejection. Such referendum election shall be held on the date of and in conjunction with the 1990 November general election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clarke County. The ballot shall have written or printed thereon the words:
YES Shall the Act be approved which provides for the election of members of NO the Board of Education of Clarke County?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section.
The expense of such election shall be borne equally by the City of Athens and Clarke County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 4. (a) The General Assembly recognizes that the results of the 1990 decennial census will or may require adjustments in the boundaries of the education districts provided for in this Act. It is the intention of the General Assembly that further legislation to accomplish such adjustments shall be enacted at the first regular or special session of the General Assembly held after the release of the 1990 census data and prior to the opening of qualifying for the 1992 nonpartisan primary; and it is the intention of the General Assembly that such legislation will make all such adjustments as may be necessary for compliance with the requirements of the United States Constitution and the federal Voting Rights Act of 1965, as amended.
(b) For the purpose of holding the referendum election, this Act shall become effective upon the approval of the Governor or upon its becoming law without such approval. For the purpose of electing members of the Board of Education of Clarke County created by this Act, this Act shall become effective upon the certification of the results of the election provided by Section 3 of this Act. For all other purposes, this Act shall become effective January 1, 1993.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Irwin of the 13th moved that the House agree to the Senate substitute to HB 1945.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration

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JOURNAL OF THE HOUSE,

SB 464. By Senators Dawkins of the 45th and Edge of the 28th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to correct an error relative to the payment of benefits to dependents of a deceased employee; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insurance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis.

The following amendment was read:

Representative Snow of the 1st moves to amend SB 464 as follows: Page 14, line 8 delete "$225.00" and insert in lieu thereof "$200.00".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron
N Abernathy N Adams Y Aiken N Alford
Alien
N Athon Y Atkins N Bailey N Baker
N Balkcom Y Bannister
N Barfoot N Bargeron N Barnett,B Y Barnett,M N Bates
Beck N Benefleld NBenn
N Birdsong Bishop
N Bostick Y Branch Y Breedlove N Brooks N Brown NBuck
N Buford YByrd N Campbell N Carrell Y Carter N Chambless N Chance Y Cheeks

N Childers N Clark,B
Y Clark.H Y Clark,L N Coleman N Colwell Y Connell E Couch N Crawford
Y Crosby N Cummings.B N Cummings.M
Y Davis,C Y Davis,G N Davis.M N Dixon,H N Dixon.S N Dobbs N Dover
Dunn N Edwards Y Ehrhart Y Pelton N Fennel N Floyd,J.M N Floyd,J.W
Foster
Y Godbee Y Goodwin N Green
Greene Gresham Y Griffin N Groover N Hamilton N Hanner

N Harris
N Hasty Y Heard
Herbert Holcomb Y Holland
N Holmes N Hooks Y Howren Y Hudson NIrwin N Isakson N Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson N Jones
N Kilgore Y Kingston Y Lane,D N Lane.R N Langford Y Lawrence N Lawson
NLee Y Under
Long YLord N Lucas
N Lupton N Mangum N Martin
YMcCoy N McDonald N McKelvey

McKinney,B
N McKinney.C N Meadows YMilam N Mobley Y Moody Y Mortem
N Moultrie Y Mueller Y Oliver.C N Oliver.M NOrr
N Orrock Y Padgett N Pannell NParham N Parrish N Patten
N Pettit Pinkston
YPoag Y Porter NPoston Y Powell
N Randall Y Ransom YRay
Reaves Redding N Richardson
N Ricketson N Robinson N Royal Y Selman N Simpson N Sinkfield

Y Smith,L N Smith.P Y Smith,T Y Smith, W N Smyre YSnow
Y Stancil,F N Stancil,S N Stanley NSteele
Stephens N Streat NTeper N Thomas.C N Thomas,M
Thompson E Thurmond
Y Titus Y Tolbert N Townsend N Twiggs Y Vaughan
N Waddle Walker.C
N Walker.L
N Wall Ware
N Watson N Watts Y White
Y Wilder Y Williams,B
Williams,J
Y Yates Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 58, nays 99. The amendment was lost.

The following amendment was read:

Representative Wilder of the 21st moves to amend SB 464 as follows: On page 14 line 8 change "$225" to "$192.50".

THURSDAY, MARCH 1, 1990

2183

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams Y Aiken N Alford
Alien N Athon Y Atkins N Bailey N Baker N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Barnett,M N Bates
Beck N Benefield N Benn
N Birdsong N Bishop N Bostick N Branch N Breedlove N Brooks N Brown NBuck
N Buford NByrd N Campbell N Carrell Y Carter N Chambless
N Chance N Cheeks

N Childers N Clark.B
Y Clark.H N Clark,L N Coleman N Colwell N Connell E Couch
N Crawford N Crosby N Cummings,B N Cummings.M Y Davis,C Y Davis.G
N Davis,M N Dixon.H N Dixon,S NDobbs N Dover NDunn
N Edwards Y Ehrhart Y Felton N Fennel N Floyd,J.M N Floyd,J.W
Foster YGodbee Y Goodwin N Green
Greene Gresham
Y Griffin N Groover N Hamilton N Manner

N Harris N Hasty
Y Heard Herbert Holcomb
N Holland N Holmes N Hooks
Y Howren Y Hudson N Irwin
N Isakson N Jackson,J N Jackson.W
N Jamieson N Jenkins
Johnson N Jones N Kilgore N Kingston
Y Lane.D Lane,R
N Langford Y Lawrence N Lawson NLee Y Linder
Long YLord
N Lucas N Lupton N Mangum
N Martin N McCoy N McDonald N McKelvey

McKinney,B
N McKinney.C N Meadows YMilam N Mobley Y Moody Y Morion N Moultrie
N Mueller N Oliver.C N Oliver.M NOrr NOrrock N Padgett N Pannell N Parham N Parrish N Patten N Pettit
Pinkston YPoag N Porter NPoston N Powell NRandall Y Ransom YRay
Reaves Redding N Richardson N Ricketson N Robinson N Royal NSelman N Simpson N Sinkfield

N Smith,L N Smith.P N Smith.T N Smith,W NSmyre YSnow N Stancil,F Y Stancil,S
N Stanley YSteele N Stephens N Streat N Teper N Thomas.C N Thomas.M
Thompson E Thurmond N Titus Y Tolbert N Townsend N Twiggs Y Vaughan N Waddle
Walker.C N Walker,L N Wall
Ware N Watson N Watts N White Y Wilder
Y Williams.B Williams.J
Yates N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 33, nays 125. The amendment was lost.

The following amendment was read:

Representative White of the 132nd moves to amend SB 464 as follows:
By striking the word "either" on line 32 page 2 and placing a period after the word intercourse and striking the words "or the sharing of living expenses." on line 32 page 2.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Aaron N Abernathy N Adams N Aiken
N Alford Alien
N Athon
N Atkins N Bailey N Baker N Balkcom N Bannister
N Barfoot N Bargeron N Barnett,B N Barnett.M

N Bates Beck
N Benefield Benn
N Birdsong N Bishop N Bostick N Branch
N Breedlove Y Brooks Y Brown NBuck N Buford NByrd N Campbell N Carrell

N Carter
N Chambless N Chance N Cheeks N Childers Y Clark,B N Clark,H N Clark.L
N Coleman N Colwell
N Connell E Couch N Crawford
Crosby N CummingstB Y Cummings.M

N Davis.C Davis.G
N Davis.M
N Diion,H N Dixon.S N Dobbs N Dover NDunn N Edwards
Ehrhart
N Felton Y Fennel N Floyd,J.M N Floyd,J.W
Foster N God bee

N Goodwin N Green N Greene
Gresham
N Griffin N Groover N Hamilton
N Hanner N Harris N Hasty N Heard
Herbert Holcomb N Holland Y Holmes N Hooks

2184

JOURNAL OF THE HOUSE,

N Howren N Hudson N Irwin N Isakson N Jackson,J N Jackson,W N Jamieson N Jenkins Y Johnson N Jones N Kilgore N Kingston N Lane.D
Lane,R N Langford N Lawrence N Lawson NLee N Linder
Long

NLord
N Lucas N Lupton
N Mangum N Martin
N McCoy N McDonald N McKelvey
McKinney.B Y McKinney.C N Meadows NMilam N Mobley N Moody N Morton N Moultrie N Mueller N Oliver.C
N Oliver.M N Orr

Orrock
N Padgett N Pannell
N Parham N Parrish N Patten N Pettit
Pinkston
NPoag N Porter N Poston N Powell NRandall N Hansom
NRay Reaves Redding
N Richardson N Ricketson N Robinson

N Royal N Selman N Simpson
N Sinkfield N Smith.L N Smith.P N Smith.T N Smith.W
Smyre N Snow N Stancil,F N Stancil,S
N Stanley N Steele N Stephens
N Streat NTeper N Thomas.C N Thomas.M N Thompson

E Thurmond N Titus N Tolbert N Townsend N Twiggs N Vaughan N Waddle
Walker.C N Walker.L N Wall
Ware N Watson N Watts Y White N Wilder
N Williams,B Williams,J
N Yates N Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 10, nays 146. The amendment was lost.

The following amendment was read:

Representative Bannister of the 62nd moves to amend SB 464 as follows: On page 10 and 11 Section 9 delete paragraph "6" in its entirety.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams Y Aiken N Alford
Alien N Athon Y Atkins
N Bailey N Baker N Balkcom Y Bannister N Barfbot
Bargeron N Barnett,B Y Barnett,M N Bates
Beck N Benefield N Benn
N Birdsong N Bishop N Bostick N Branch Y Breedlove N Brooks
Brown NBuck N Buford NByrd Y Campbell N Carrell Y Carter N Chambless N Chance Y Cheeks

N Childers Y Clark.B
Y Clark.H N Clark.L N Coleman
Colwell N Connell
E Couch N Crawford N Crosby N Cummings.B N Cummings.M Y Davis.C N Davis.G Y Davis.M N Dixon.H N Dixon.S
N Dobbs N Dover N Dunn
N Edwards Y Ehrhart Y Felton N Fennel N Floyd,J.M N Floyd,J.W
Foster N Godbee Y Goodwin N Green N Greene
Gresham Y Griffin N Groover N Hamilton N Hanner

Harris N Hasty
Y Heard Herbert Holcomb
N Holland N Holmes N Hooks Y Howren N Hudson N Irwin
Y Isakson Jackson,J
Y Jackson.W
Jamieson N Jenkins
Johnson Y Jones N Kilgore Y Kingston
N Lane,D Lane.R
N Langford Y Lawrence N Lawson NLee
Y Linder Long
NLord N Lucas N Lupton N Mangum
N Martin N McCoy
McDonald N McKelvey

McKinney.B N McKinney.C
N Meadows YMilam
N Mobley Y Moody Y Morton N Moultrie
Y Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett N Pannell N Parham N Parrish N Patten Y Pettit
Pinkston
NPoag N Porter N Poston Y Powell N Randall N Ransom
NRay Reaves Redding
N Richardson N Ricketson N Robinson
N Royal N Selman N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 40, nays 113.

N Smith.L N Smith.P N Smith.T Y Smith.W N Smyre YSnow N Stancil,F Y Stancil,S
N Stanley Y Steele N Stephens N Streat N Teper N Thomas.C
N Thomas.M Thompson
E Thurmond N Titus Y Tolbert N Townsend NTwiggs Y Vaughan
N Waddle Walker.C
N Walker.L
N Wall Ware
N Wateon N Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates N Yeargin
Murphy.Spkr

THURSDAY, MARCH 1, 1990

2185

The amendment was lost.

The following amendment was read:

Representative Ehrhart of the 20th moves to amend SB 464 by striking from lines 22 and 23 of page 16 the following:
"subsection (b)", and inserting in its place the following:
"subsections (b) and (c)". By adding between lines 26 and 27 of page 16 the following: "(c) Section 6 of this Act shall become effective on July 1, 1991."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams Y Aiken N Alford
Alien
N Athon Y Atkins N Bailey N Baker N Balkcom Y Bannister N Barfoot
Bargeron Y Barnett.B Y Barnett.M N Bates
Beck N Benefield
Benn Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove N Brooks N Brown NBuck N Buford
YByrd Y Campbell Y Carrell Y Carter N Chambless N Chance
Y Cheeks

N Childers
N Clark.B Y Clark.H N Clark.L Y Coleman N Colwell N Connell
E Couch N Crawford
Y Crosby N Cummings.B
N Cummings.M Y Davis.C
Davis.G Y Davis.M N Dixon.H N Dixon,S
N Dobbs N Dover NDunn N Edwards Y Ehrhart Y Felton Y Fennel N Floyd,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin N Groover N Hamilton Y Manner

Y Harris
Y Hasty Y Heard
Herbert
Holcomb Y Holland N Holmes N Hooks Y Howren Y Hudson N Irwin
Y Isakson Jackson,J
Y Jackson, W
Y Jamieson Jenkins Johnson
Y Jones N Kilgore Y Kingston Y Lane.D
Lane,R N Langford Y Lawrence Y Lawson NLee Y Linder
Long NLord N Lucas N Lupton Y Mangum N Martin Y McCoy Y McDonald N McKelvey

McKinney,B N McKinney.C Y Meadows YMilam Y Mobley
Y Moody YMorton N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr N Orrock
Y Padgett N Pannell N Parham N Parrish
Y Patten Pettit Pinkston
YPoag Y Porter NPoston Y Powell NRandall Y Ransom YRay
Reaves Redding N Richardson Ricketson Y Robinson N Royal Y Selman N Simpson Y Sinkfield

On the adoption of the amendment, the ayes were 77, nays 74. The amendment was adopted.

Y Smith.L Y Smith.P Y Smith.T Y Smith, W N Smyre YSnow N Stancil,F
Y Stancil,S N Stanley Y Steele
Stephens N Streat NTeper N Thomas.C N Thomas.M
Thompson E Thurmond
Y Titus Y Tolbert N Townsend N Twiggs Y Vaughan Y Waddle
Walker.C N Walker.L N Wall
Ware N Watson N Watts
N White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

Representative Dover of the llth moved that the House reconsider its action in adopting the Ehrhart amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
N Adams

N Aiken Y Alford
Alien

N Athon N Atkins Y Bailey

Y Baker Y Balkcom
Bannister

N Barfoot Bargeron
N Barnett,B

2186
N Barnett,M Y Bates
Beck Y Benefleld
Benn N Birdsong Y Bishop
Bostick Branch N Breedlove Brooks Brown YBuck Buford NByrd N Campbell Carrell N Carter Chambless Chance N Cheeks Y Childere Y Clark,B N Clark,H Clark.L Coleman Colwell Connell
E Couch Y Crawford N Crosby Y Cummings.B
Y Cummings.M

JOURNAL OF THE HOUSE,

N Davis.C
Y Davis.G Davis.M
Y Dixon,H Y Dixon,S
YDobbs Y Dover YDunn Y Edwards Y Ehrhart N Felton Y Fennel
Y Floyd,J.M Floyd,J.W Foster
N Godbee
Goodwin
Green Greene Gresham N Griffin Y Groover Y Hamilton Y Hanner
Y Harris Y Hasty N Heard
Herbert Holcomb N Holland
Holmes Y Hooks
N Howren

N Hudson
Ylrwin N Isakson
Jackson,J N Jackson.W N Jamieson Y Jenkina
Johnson N Jones Y Kilgore N Kingston N Lane,D
Lane.R Langford N Lawrence Y Lawson YLee N Linder
Long YLord
Lucas Lupton Y Mangum Y Martin
NMcCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C Meadows
Milam Mobley N Moody

N Morton Y Moultrie N Mueller Y Oliver.C Y Oliver,M YOrr
YOrrock Y Padgett Y PanneU
Parham Y Parrish N Patten Y Pettit
Pinkston
NPoag N Porter Y Poston Y Powell
YRandall N Ransom NRay
Reaves Redding Y Richardson Ricketson N Robinson
Y Royal YSelman Y Simpson Y Sinkfield
N Smith,L N Smith,P N Smith,T

N Smith,W
YSmyre NSnow Y Stancil,F
N Stancil,S Y Stanley NSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M
Thompson E Thurmond
N Titus N Tolbert Y Townsend YTwiggs
N Vaughan N Waddle
Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White N Wilder N Williams,B
Williams,.!
Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 72, nays 54. The motion prevailed.

On the re-adoption of the Ehrhart amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy Y Adams Y Aiken N Alford
Alien N Athon Y Atkins N Bailey
N Baker N Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett,B
Y Barnett,M N Bates
Beck N Benefleld NBenn N Birdsong
N Bishop Y Bostick Y Branch Y Breedlove N Brooks Y Brown NBuck
N Buford YByrd Y Campbell Y Carrell Y Carter

N Chambless N Chance Y Cheeks
N Childers N Clark.B Y Clark.H N Clark,L Y Coleman N Colwell N Connell E Couch N Crawford Y Crosby N Cummings,B N Cummings.M
Davis.C
Y Davis,G Y Davis.M N Dixon.H N Dixon,S N Dobbs N Dover NDunn N Edwards Y Ehrhart Y Felton Y Fennel N Floyd,J.M Y Floyd,J.W
Foster YGodbee Y Goodwin
Green

Y Greene Gresham
Y Griffin N Groover N Hamilton Y Hanner Y Harris N Hasty Y Heard
Herbert Holcomb Y Holland N Holmes N Hooks Y Howren Y Hudson N Irwin
Y Isakson Jackson,J
Y Jackson.W Y Jamieson
Jenkins Y Johnson Y Jones N Kilgore Y Kingston Y Lane,D
Lane.R Y Langford Y Lawrence Y Lawson NLee Y Linder

Long NLord N Lucas N Lupton N Mangum N Martin YMcCoy Y McDonald
N McKelvey McKinney,B
N McKinney.C
Y Meadows Milam
N Mobley Y Moody Y Morton N Moultrie
Y Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett N PanneU N Parham N Parrish
Y Patten N Pettit
Pinkston
YPoag Y Porter N Poston Y Powell

N Randall Y Ransom
YRay Reaves Redding
N Richardson
Ricketson Y Robinson N Royal
N Selman N Simpson N Sinkfield Y Smith,L Y Smith,P Y Smith,T
Y Smith.W N Smyre Y Snow N Stancil.F Y Stancil,S N Stanley Y Steele N Stephens N Streat N Teper N Thomas,C N Thomas,M
Thompson E Thurmond
Y Titus Y Tolbert N Townsend NTwiggs

THURSDAY, MARCH 1, 1990

2187

Y Vaughan Y Waddle
Walker.C

N Walker.L N Wall
Ware

N Watson N Watts Y White

Y Wilder Y Williams.B
Williams,J

Y Yates Y Yeargin
Murphy.Spkr

On the re-adoption of the amendment, the ayes were 77, nays 77. The Chair voted "nay". On the re-adoption of the amendment, the ayes were 77, nays 78. The amendment was lost.

The following amendment was read:

Representative Ehrhart of the 20th moves to amend SB 464 by adding on line 14 of page 2 after the word and symbol "applicability;" and before the word "to" the following:
"to provide for notices to be sent to employers;".
By adding between lines 21 and 22 of page 16 a new Section 17 to read as follows:
"Section 17. (a) Pursuant to the authority granted in Code Section 34-9-61 of the Official Code of Georgia Annotated, the State Board of Workers' Compensation shall send literature to employers who are subject to the provisions of Chapter 9 of Title 34, outlining the provisions of this Act and particularly the provisions of Section 6 of this Act. Such literature shall be sent to employers as soon as practicable after this Act is approved by the Governor or becomes law without such approval.
(b) This section shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By adding on line 23 of page 16 after the word "section" and before the comma the following:
"and as provided in Section 17 of this Act".
By redesignating Section 17 on line 22 of page 16 as Section 18 and redesignating Section 18 on line 27 of page 16 as Section 19.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams Y Aiken N Alford
Alien Athon
Y Atkins Y Bailey N Baker N Balkcom Y Bannister Y Barfoot Y Bargeron N Barnett.B Y Barnett.M N Bates
Beck Y Benefield NBenn N Birdsong N Bishop
Bostick Y Branch

Y Breedlove
N Brooks Y Brown
NBuck N Buford YByrd Y Campbell Y Carrell
Y Carter N Chambless N Chance Y Cheeks N Childers
Clark,B Y Clark.H Y Clark.L Y Coleman N Coiwell Y Connell E Couch N Crawford
Y Crosby N Cummings,B N Cummings.M

Y Davis.C
Y Davis.G Y Davis.M N Dixon,H N Dixon.S N Dobbs N Dover
NDunn N Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster
YGodbee Y Goodwin
Green Greene Gresham Y Griffin N Groover N Hamilton Hanner

Y Harris
Y Hasty Y Heard
Herbert Holcomb Y Holland Y Holmes N Hooks Y Howren
Y Hudson N Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones N Kilgore Y Kingston Y Lane.D
Lane,R N Langford Y Lawrence

Y Lawson YLee Y Linder
Long NLord N Lucas N Lupton
Mangum N Martin
N McCoy McDonald
N McKelvey McKinney,B
N McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Mortem Y Moultrie Y Mueller Y Oliver.C N Oliver,M YOrr

2188

JOURNAL OF THE HOUSE,

N Orrock
N Padgett Y Pannell N Parham N Parrish Y Patten N Pettit
Pinkston YPoag Y Porter
Y Poston Y Powell

N Randall
Y Ransom YRay
Reaves Redding N Richardson
Ricketson Y Robinson Y Royal Y Selman N Simpson N Sinkfield

Y Smith.L
N Smith,P Y Smith.T Y Smith.W NSmyre NSnow N Stancil.P Y Stancil,S
N Stanley Y Steele N Stephens N Streat

N Teper N Thomas,C N Thomas,M
Thompson E Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C

N Walker,L N Wall
Ware N Watson N Watts Y White
Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 87, nays 64. The amendment was adopted.

Representative Dover of the llth moved that the House reconsider its action in adopting the second Ehrhart amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams N Aiken Y Alford
Alien Athon N Atkins Y Bailey Y Baker Y Balkcom Y Bannister N Barfoot Bargeron Y Barnett.B N Barnett.M
Y Bates Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd N Campbell Y Carrell N Carter Y Chambless
Y Chance N Cheeks

Y Childers
Clark.B N Clark.H Y Clark.L Y Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings.B
Y Cummings.M N Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards N Ehrhart N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster N Godbee N Goodwin
Green Y Greene
Gresham Griffin Y Groover Y Hamilton
Y Manner

Y Harris
N Hasty N Heard
Herbert Holcomb Y Holland Y Holmes Y Hooks N Howren Y Hudson Ylrwin
N Isakson Y Jackson,J Y Jackson.W N Jamieson Y Jenkins
Johnson
N Jones Y Kilgore Y Kingston Y Lane.D
Lane,R Y Langford
N Lawrence Y Lawson YLee
N Under Long
YLord
Y Lucas Y Lupton
Mangum Y Martin N McCoy Y McDonald
Y McKelvey

McKinney.B Y McKinney.C N Meadows
Milam Y Mobley
N Moody N Morton Y Moultrie N Mueller
N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish N Patten Y Pettit
Pinkston NPoag N Porter Y Poston
Y Powell YRandall N Ransom YRay
Reaves Redding
Y Richardson Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfleld

N Smith,L
Y Smith.P Smith,T
N Smith.W YSmyre
Y Snow Y Stancil,F N Stancil,S
Y Stanley N Steele Y Stephens
Y Streat Y Teper Y Thomas.C Y Thomas.M
Thompson E Thurmond
YTitus N Tolbert Y Townsend Y Twiggs N Vaughan N Waddle
Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts
Y White N Wilder N Williams,B
Williams,J
N Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 108, nays 42. The motion prevailed.

On the re-adoption of the second Ehrhart amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy N Adams Y Aiken

N Alford Alien Athon
Y Atkins

N Bailey N Baker N Balkcom Y Bannister

Y Barfoot N Bargeron
N Barnett,B Y Barnett,M

N Bates Beck
N Benefield
NBenn

THURSDAY, MARCH 1, 1990

2189

N Birdsong
N Bishop V Bostick
Y Branch Y Breedlove N Brooks
N Brown
NBuck
N Buford
NByrd
Y Campbell N Carrell Y Carter N Chambless N Chance Y Cheeks N Childers
Clark,B
Y Clark.H
N Clark.L
Coleman Colwell
N Connell
E Couch
N Crawford Y Crosby
N Cummings.B N Cummings,M Y Davis.C Y Davis.G Y Davis.M N Dixon.H

N Dixon.S N Dobbs N Dover NDunn N Edwards
Y Ehrhart Y Felton
Y Fennel N Floyd,J.M N Floyd,J.W Y Foster
N Godbee Y Goodwin
Green
N Greene Gresham
Y Griffin N Groover N Hamilton N Manner N Harris Y Hasty Y Heard
Herbert Holcomb Y Holland N Holmes N Hooks Y Howren Y Hudson
N Irwin Y Isakson

N Jackson,J
Y Jackson.W Y Jamieson N Jenkins Y Johnson Y Jones N Kilgore
Y Kingston N Lane,D
Lane,R N Langford
Y Lawrence
N Lawson NLee Y Linder
Long
NLord N Lucas N Lupton
Mangum N Martin N McCoy N McDonald N McKelvey
McKinney.B N McKinney.C Y Meadows
Milam
N Mobley Y Moody Y Morton N Moultrie

Y Mueller Y Oliver.C N Oliver.M NOrr
N Orrock N Padgett N Pannell NParham N Parrish Y Patten N Pettit
Pinkston NPoag
Y Porter
N Poston
Y Powell N Randall Y Ransom YRay
Reaves Redding N Richardson N Ricketson Y Robinson N Royal N Selman
N Simpson
N Sinkfield Y Smith.L N Smith.P
N Smith,T
Y Smith.W

On the re-adoption of the amendment, the ayes were 57, nays 96. The amendment was lost.

Smyre
YSnow
N Stancil,F Y Stancil.S N Stanley Y Steele N Stephens N Streat N Teper
N Thomas.C N Thomas.M
Thompson E Thurmond Y Titus Y Tolbert
N Townsend N Twiggs Y Vaughan Y Waddle
Walker.C N Walker.L N Wall
Ware N Watson N Watts N White
Wilder Y Williams,B
Williams,J Y Yates N Yeargin
Murphy.Spkr

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom N Bannister N Barfoot N Bargeron Y Barnett,B N Barnett.M Y Bates
Beck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks Y Brown YBuck Y Buford N Byrd Y Campbell N Carrell N Carter

Y Chambless Y Chance N Cheeks Y Childers Y Clark.B Y Clark.H Y Clark,L N Coleman Y Colwell Y Connell E Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards Y Ehrhart N Felton Y Fennel Y Floyd,J.M N Floyd,J.W N Foster N Godbee N Goodwin Y Green

Y Greene Gresham
N Griffin Y Groover Y Hamilton N Hanner N Harris Y Hasty N Heard
Herbert Holcomb N Holland Y Holmes Y Hooks N Howren N Hudson Y Irwin Y Isakson N Jackson,J Y Jackson.W N Jamieson N Jenkins N Johnson Y Jones Y Kilgore N Kingston Y Lane,D Lane.R Y Langford N Lawrence N Lawson YLee N Linder

Long NLord Y Lucas Y Lupton Y Mangum Y Martin N McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley N Moody N Morton Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish N Patten N Pettit
Pinks ton NPoag N Porter YPoston N Powell

Y Randall Y Ransom NRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield N Smith,L Y Smith.P N Smith.T N Smith.W Smyre N Snow Y Stancil.F N Stancil.S Y Stanley N Steele Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M Y Thompson E Thurmond N Titus N Tolbert Y Townsend Y Twiggs

2190

JOURNAL OF THE HOUSE,

Y Vaughan
Y Waddle Walker.C

Y Walker,L Y Wall
Ware

Y Watson Y Watts Y White

N Wilder N Williams,B
Williams,.!

Y Yates Y Yeargin
Murphy,Spkr .

On the passage of the Bill, the ayes were 107, nays 51. The Bill, having received the requisite constitutional majority, was passed.

Representative Dunn of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Resolution of the Senate was read:
SR 496. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st A RESOLUTION
Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, March 1, 1990, and reconvene at 10:00 A.M. on Monday, March 5, 1990.

The following amendment was read and adopted:
Representative Murphy of the 18th moves to amend SR 496 as follows: By changing the figure "5" on line 3 page 1 to "6".
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abemathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beck Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch
Y Breedlove Y Brooks N Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark,B Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell E Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel
Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham N Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard Herbert Holcomb
Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Jones Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder
Long YLprd
Lucas
Y Lupton Y Mangum Y Martin YMcCoy Y McDonald
Y McKelvey

McKinneytB
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Postal Y Powell YRandall
Ransom YRay
Reaves Redding Y Richardson Ricketson Y Robinson Y Royal YSelman Y Simpson Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Vaughan Y Waddle
Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy ,Spkr

THURSDAY, MARCH 1, 1990

2191

On the adoption of the Resolution, as amended, the ayes were 145, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 568. By Senator Foster of the 50th:
A bill to amend Code Section 50-12-41, relating to the creation of the Georgia State Games Commission, so as to provide that such commission shall be assigned to the Department of Natural Resources for administrative purposes only.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Barnett.M
Y Bates
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance
Cheeks

Y Childers Clark.B
Clark.H Y Clark.L
Coleman Colwell Connell E Couch
Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover
Hamilton Y Manner

Y Harris
Hasty Y Heard
Herbert Y Holcomb
Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey

McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley
Moody YMorton
Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Porter Y Poston
Y Powell YRandall Y Ransom YRay
Reaves Redding Richardson Ricketson Y Robinson Y Royal YSelman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Smith.W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley
Steele Stephens Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson E Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs
Vaughan
Waddle Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts
Y White Wilder Williams.B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 454. By Senator Starr of the 44th:
A bill to amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a fine as a condition precedent to probation, so as to increase the maximum amount of the fine that may be imposed.

2192

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett.M Y Bates
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck
Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers Clark,B
Clark.H Y Clark.L
Coleman Colwell Connell E Couch Y Crawford Y Crosby Cummings.B Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey

McKinney.B Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Morton
Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Fairish
Y Patten Y Pettit
Pinkston YPoag
Porter
Y Poston Y Powell Y Randall Y Ransom
Ray Reaves Redding
Richardson Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Smith,W Smyre
Y Snow Y Stancil.F Y Stancil.S
Y Stanley Steele Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker.L Wall Ware Watson Watts
Y White Wilder
Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.

The President has appointed on the part of the Senate the following:

THURSDAY, MARCH 1, 1990

2193

Senators Johnson of the 47th, Scott of the 2nd and Tysinger of the 41st.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 512. By Senator Dawkins of the 45th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols and revolvers, so as to exclude persons convicted of an offense involving illegal drugs from eligibility to receive or hold such licenses; to provide for definitions; to provide an effective date.

The following amendment was read and lost:

Representative Randall of the 101st moves to amend SB 512 as follows:
By placing a period after the word "jurisdiction" on line 7 page 3 and striking everything thereafter.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Beck
Y Benefield Benn
Y Birdsong Y Bishop
Y Bostick Y Branch
Breedlove N Brooks
Brown YBuck
Y Buford YByrd Y Campbell
Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark.B
Clark.H Y Clark.L Y Coleman
Colwell Connell E Couch Crawford Crosby
N Cummings.B Cummings,M
Y Davis.C Y Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin N Groover
Y Hamilton Manner

Y Harris
Y Hasty Y Heard
Herbert
Y Holcomb Y Holland
Holmes Hooks Howren Y Hudson Irwin Y Isakson Y Jackson,J Y Jackson.W N Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder YLong YLord
N Lucas Y Lupton Y Mangum N Martin Y McCoy
McDonald Y McKelvey

McKinney.B
N McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock Padgett N Pannell Y Parham Y Parrish Y Patten Pettit Pinks ton YPoag Porter YPoston Y Powell Y Randall Y Ransom Ray Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman
Y Simpson Sinkfield

On the passage of the Bill, the ayes were 118, nays 9.

Y Smith,L Y Smith,P Y Smith.T Y Smith, W
Smyre Snow
Y Stancil,F Y Stancil.S Y Stanley Y Steele Y Stephens
Streat Teper Thomas.C Y Thomas,M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Twiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall Ware Y Watson Y Watts Y White Wilder Y Williams.B Williams,J Y Yates
Y Yeargin Murphy.Spkr

2194

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House amendment to the following Resolution of the Senate:

SR 496. By Senators Allgood of the 22nd, Kennedy of the 4th and Dean of the 31st. A resolution relative to adjournment.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 20. By Senator Allgood of the 22nd:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to include within such exemptions certain persons.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford
Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell E Couch
Crawford
Y Crosby Y Cummings,B
Cummings.M Davis.C
Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Manner

Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson
Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong Lord
Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston
Poag Y Porter Y Poston Y Powell Y Randall Y Ransom YRay
Reaves Redding Y Richardson Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Smith,P
Y Smith,T
Y Smith.W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Y Stephens Streat
YTeper
Thomas.C Y Thomas,M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

THURSDAY, MARCH 1, 1990

2195

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 440. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"20-2-290. The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the fulltime equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include instruction in foreign language as an option for students who have scored at or above the 60th percentile on a nationally normed test of reading achievement administered within the previous or current school year as one of the language arts which are required to meet the eligibility requirements for such grants. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for middle school grants if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the full-time equivalent count for the middle grades program in qualified middle schools."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

2196

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell
E Couch Crawford Crosby
Y Cummings,B Y Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane.D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston YPoag Porter YPoston Y Powell Randall Y Ransom
Ray Reaves Redding Y Richardson Ricketson Y Robinson
Y Royal Selman
Y Simpson Y Sinkfield-

Y Smith.L Smith,P
Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens
Streat Y Teper
Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 486. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an application for recall petition for circulation and of the filing of such completed application for verification; to provide for filing applications for recall exceeding one page in length.

The following Committee substitute was read:

A BILL
To amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issuance of an application for recall petition for circulation and of the filing of such completed application for verification; to provide for filing applications for recall exceeding one page in length; to change certain

THURSDAY, MARCH 1, 1990

2197

provisions regarding when a public officer sought to be recalled may file a petition applying for certain judicial review of a recall petition; to provide for the continuance of recall proceedings during certain judicial review; to provide that certain superior court proceedings regarding sufficiency review petitions shall be conducted on an expedited basis; to change certain provisions regarding the scope of superior court review of sufficiency review petitions; to provide for revised review procedures; to provide for filing recall petitions exceeding one page in length; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the "Recall Act of 1989," is amended by adding a new paragraph defining "legal sufficiency" immediately following paragraph (7) of Code Section 21-4-3, relating to definitions regarding recall, to be designated paragraph (7.1), to read as follows:
"(7.1) 'Legal sufficiency' means, solely as applied to the duties or functions of the election superintendent, a determination of the completeness of an application for a recall petition or a recall petition and a determination that an application for a recall petition or a recall petition contains a sufficient number of valid signatures. Such determinations shall not include any review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based."
Section 2. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in its place a new paragraph (2) to read as follows:
"(2) Applications shall be issued by the election superintendent who shall assign a number to each application. Such number shall appear on the face of each application. The election superintendent shall keep records of applications issued, including the date of issuance and number assigned. The election superintendent shall immediately notify in writing the public officer named for recall in the application that an application for a recall petition has been officially issued for circulation."
Section 3. Said chapter is further amended by striking paragraph (1) of subsection (f) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in its place a new paragraph (1) to read as follows:
"(1) No application for a recall petition shall be accepted for verification if more than 15 days have elapsed since the application forms were issued to the sponsors. If an application for a recall petition contains more than one sheet, such application, when offered for filing, shall be bound together and each sheet shall be numbered consecutively at the foot of each page beginning with page one."
Section 4. Said chapter is further amended by adding a new paragraph describing notice of receipt of a completed application immediately following paragraph (2) of subsection (f) Code Section 21-4-5, relating to applications for recall petitions, to be designated paragraph (3), to read as follows:
"(3) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a completed application for a recall petition has been filed with the election superintendent for verification."
Section 5. Said chapter is further amended by striking subsection (a) of Code Section 21-4-6, relating to the review of grounds for a recall petition, and inserting in its place a new subsection (a) to read as follows:
"(a) Within four days after the date ef- submission ef the application for a recall petition receipt of notice from the election superintendent by the officer sought to be recalled that a completed application for a recall petition has been filed with the election superintendent for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are

2198

JOURNAL OF THE HOUSE,

based as set forth in such recall application. During the pendency of the review by the superior court, the recall proceedings shall continue in the manner provided for in this chapter."
Section 6. Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-4-6, relating to review of grounds for a recall petition, and inserting in their place new subsections (c) and (d), respectively, to read as follows:
"(c) Upon the filing of a sufficiency review petition under this Code section, the clerk of the superior court having jurisdiction shall immediately notify the judge, described in subsection (b) of this Code section, of the institution of proceedings under this chapter; and, if such judge is disqualified or unable to serve, the clerk shall immediately notify the Governor of such fact; and the Governor shall appoint a disinterested judge of superior court or senior judge of superior court, residing outside of the judicial circuit containing the county in which such petition is filed, to serve in the place of such judge. Such judge or senior judge shall promptly begin presiding over such proceedings in such court and shall determine same as seen as practicable on an expedited basis. He shall be reimbursed for his actual expenses for food and lodging and he shall receive the same mileage allowance as other state officials and employees.
reeaH ground er grounds and the legal sufficiency ef th alleged feet or facts upon which sticn ground or grounds are based as set lortn m sucn recall appliestionj and trie review of such alleged fact or facts shall fee only for the determination of the legal sufficiency ot sucn alleged tact or tacts ds to lorm and not ss ~to truth and snatl not include discov~ ery or evidentiary hearings. The judge shall schedule an evidentiary hearing on an expedited basis and shall notify the public officer sought to be recalled and the petition chairperson of the date, time, and location of the hearing. At the hearing, the petition chairperson shall bear the burden of demonstrating by a preponderance of the evidence that the ground or grounds upon which the application for a recall petition and the fact or facts upon which the ground or grounds are based, as set forth in the application for a recall petition, are legally sufficient under this chapter and that the fact or facts upon which the ground or grounds are based are true. No discovery shall be permitted by any party to the hearing."
Section 7. Said chapter is further amended by striking subsection (c) of Code Section 21-4-11, relating to recall petitions, and inserting in its place a new subsection (c) to read as follows:
"(c) (1) No recall petition shall be amended, supplemented, or returned after it has been filed with the election superintendent for verification.
(2) If a recall petition contains more than one sheet, such recall petition shall, when offered for filing, be bound together and each sheet shall be numbered consecutively at the foot of each page beginning with page one."
Section 8. This Act shall become effective July 1, 1990, and shall only apply to recall proceedings under Chapter 4 of Title 21, the "Recall Act of 1989" which are instituted on or after July 1, 1990.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 99th moves to amend the Committee substitute to SB 486 as follows:
Strike from lines 17 and 18 page 5 "and that the fact or facts upon which the ground or grounds are based are true".

Representative Meadows of the 91st moved to reconsider the adoption of the Groover amendment.

THURSDAY, MARCH 1, 1990

2199

On the motion, the roll call was ordered and the vote was as follows:

Aaron N Abernathy N Adams
Aiken Alford Alien N Athon Atkins Y Bailey Baker N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Barnett,M Y Bates Beck
Y Benefield
N Benn
Birdsong N Bishop N Bostick N Branch N Breedlove
Y Brooks N Brown
Buck N Buford NByrd N Campbell N Carrell
N Carter Chambless
N Chance Y Cheeks

Y Childers Clark.B
N Clark.H N Clark,L Y Coleman N Colwell
Connell
E Couch
Crawford
Crosby
Y Cummings,B
Y Cummings,M N Davis.C N Davis.G N Davis.M N Dixon.H N Dkon,S Y Dobbs
N Dover Dunn
Y Edwards Y Ehrhart N Felton Y Fennel N Floyd,J.M N Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Greene Gresham Y Griffin
N Groover Hamilton
Y Hanner

N Harris N Hasty
Y Heard
Herbert Holcomb Y Holland Y Holmes N Hooks Y Howren Hudson Y Irwin Y Isakson N Jackson,J N Jackson.W Jamieson Jenkins Johnson N Jones Kilgore Y Kingston Y Lane,D
Lane.R Y Langford Y Lawrence N Lawson YLee
Y Under
Long NLord
Lucas
N Lupton
N Mangum Martin
Y McCoy N McDonald Y McKelvey

McKinney,B N McKinney.C Y Meadows YMilam N Mobley N Moody
N Morton Y Moultrie N Mueller N Oliver.C
Oliver.M NOrr
Orrock Y Padgett N Pannell
N Parham N Parrish Y Patten
Pettit Pinkston YPoag
Y Porter N Poston Y Powell NRandall Y Ransom YRay
Reaves Redding
Richardson
Ricketson N Robinson N Royal N Selman Y Simpson
Sinkfield

N Smith, L
N Smith.P
Smith,T
N Smith,W Smyre
YSnow
Y Stancil,F
Y Stancil,S Y Stanley Y Steele N Stephens Y Streat YTeper N Thomas,C
Y Thomas.M
Y Thompson E Thurmond Y Titus Y Tolbert N Townsend
Twiggs
Y Vaughan N Waddle
Walker.C N Walker.L N Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates N Yeargin
Murphy.Spkr

On the motion, the ayes were 63, nays 68. The motion was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams
Aiken Alford Alien Y Athon Atkins Y Bailey Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett.M Y Bates
Beck Y Benefield YBenn Y Birdsong

Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
Buck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark,L Y Coleman N Colwell

Connell E Couch
Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster

Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson

Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones
Y Kilgore
Y Kingston
Y Lane.D Lane.R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin

2200

JOURNAL OF THE HOUSE,

Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C
Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr

Y Orrock Y Padgett Y Pannell
Y Parham
Y Parrish Y Patten
Pettit
Pinkston YPoag Y Porter YPoston Y Powell Y Randall Y Ransom YRay

Reaves Redding
Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre
YSnow

Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas.C
Y Thomas.M
Y Thompson
E Thurmond
Y Titus Y Tolbert Y Townsend N Twiggs

Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 620. By Senators McKenzie of the 14th, Baldwin of the 29th and Johnson of the 47th:
A bill to amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Asbestos Safety Act," so as to change the termination or "sunset" date of the Act; to provide for the continuation of said Act and the Asbestos Licensing Board for an additional period of time; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
Y Adams Aiken Alford Alien
Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield YBenn
Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
Buck
Y Buford
YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B
Y Clark.H
Y Clark.L Y Coleman Y Colwell
Connell E Couch
Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover
Y Hamilton Y Banner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W
Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D YLane.R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Moultrie
Y Mueller Y Oliver.C
Y Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit
Pinkston YPoag Y Porter YPoston Y Powell Y Randall Y Ransom YRay
Reaves Redding Richardson Ricketson Y Robinson Y Royal
Y Selman
Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith.W
Smyre
YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Steele
Y Stephens Y Streat Y Teper
Y Thomas,C
Y Thomas,M
Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Vaughan Y Waddle Walker.C Y Walker,L Y Wall Ware
Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J
Y Yates
Y Yeargin
Murphy.Spkr

THURSDAY, MARCH 1, 1990

2201

On the passage of the Bill, the ayes were 146, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Davis of the 45th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

SB 354. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons.

The following amendment was read and withdrawn:

The Committee on State Institutions and Property moves to amend SB 354 by striking from line 4 of page 2 and from line 24 of page 2 the following:
"ten",

and inserting in lieu thereof the following: "30".

By striking from line 30 of page 2 the following:
"January 1",
and inserting in lieu thereof the following:
"September 1".
The following substitute, offered by Representative Smith of the 78th, was read:
A BILL
To amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, is amended by striking subsection (a) of said Code section, which reads as follows:
"(a) Immediately upon the imposition of a sentence as provided in subsection (b) of Code Section 42-5-51, the clerk of the court shall notify the commissioner of the sentence and shall forthwith dispatch, along with such notice, by mail, a complete history

2202

JOURNAL OF THE HOUSE,

of the convicted person, upon forms provided by the commissioner. The history shall include a certified copy of the indictment, accusation, or both, a certified copy of the sentence, and such other information as the commissioner may require. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service.", and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The clerk of the court shall notify the commissioner of a sentence within 30 working days following the receipt of the sentence, and other documents set forth in this section. Such notice shall be mailed within such time period by first-class mail and shall be accompanied by three complete and certified sentence packages containing the following documents:
(1) A certified copy of the sentence; (2) A complete history of the convicted person, including a certified copy of the indictment, accusation, or both and such other information as the commissioner may require; (3) An affidavit of the custodian of such person indicating the total number of days the convicted person was incarcerated prior to the imposition of the sentence. It shall be the duty of the custodian of such person to transmit the affidavit provided for in this paragraph to the clerk of the superior court within ten days following the date on which the sentence is imposed; and (4) Order of probation revocation or tolling of probation. All of the aforementioned documents will be submitted on forms provided by the commissioner. The commissioner shall file one copy of each such document with the State Board of Pardons and Paroles within ten working days of receipt of such documents from the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service."

Section 2. This Act shall become effective on September 1, 1990.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 78th moves to amend the Floor substitute to SB 354 as follows:

On page 2 line 29 strike the word "ten" and insert the word "thirty".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1180.

By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

THURSDAY, MARCH 1, 1990

2203

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1180

The Committee of Conference on HB 1180 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1180 be adopted.

Respectfully submitted,

FOR THE SENATE: Is/ Gary Parker
Senator, 15th District
/s/ Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Dlck Lane Representative, 27th District
/s/ Henry Bostick Representative, 138th District

/s/ Stumbaugh Senator, 55th District

/s/ Jerry D. Jackson Representative, 9th District

A BILL
To amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to change the definition of the term "passenger vehicle" in connection with the requirement for the use of safety belts in passenger vehicles; to provide that it shall be unlawful for any person under 18 years of age to ride as a passenger in the uncovered bed of a pickup truck on an interstate highway; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by striking subsection (a) of Code Section 40-8-76.1, relating to the use of safety belts in passenger vehicles, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, vehicles mounted on a truck chassis, or vehicles equipped for off-road use."
Section 2. Said chapter is further amended by adding immediately following Code Section 40-8-78 a new Code Section 40-8-79 to read as follows:
"40-8-79. It shall be unlawful for any person under the age of 18 to ride as a passenger in the uncovered bed of a pickup truck on any interstate highway in this state. The driver of any vehicle in violation of this Code section shall be guilty of a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 27th moved that the House adopt the report of the Committee of Conference on HB 1180.

On the motion, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Aiken Alford

Alien Y Athon
Y Atkins Bailey Baker

Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B

Y Barnett.M Y Bates
Beck Benefield Y Benn

Y Birdsong Y Bishop
Y Bostick Branch Breedlove

2204
N Brooks Y Brown Y Buck Y Buford N Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L
Coleman N Colwell
Connell E Couch
Crawford Crosby N Cummings,B Y Cummings.M N Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover N Dunn

JOURNAL OF THE HOUSE,

N Edwards Ehrhart
Y Felton
N Fennel Y Floyd.J.M Y Floyd,J.W N Foster Y Godbee Y Goodwin
Green Greene Gresham N Griffin Y Groover Y Hamilton
Y Banner Y Harris
Hasty Y Heard
Herbert N Holcomb N Holland Y Holmes
Hooks Y Howren
Hudson N Irwin Y Isakson Y Jackson,J
Jackson.W N Jamieson

Y Jenkins Johnson
Y Jones Y Kilgore N Kingston Y Lane,D
Lane,R Langford Y Lawrence Y Lawson NLee Linder YLong Lord N Lucas Lupton Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C N Meadows Y Milam Y Mobley N Moody Y Morton Y Moultrie Y Mueller N Oliver.C

Y Oliver.M Y Orr
Orrock
Y Padgett Y Pannell
Par ham N Parrish
Patten Pettit
Pinks ton NPoag N Porter N Poston N Powell
Randall
Y Ransom YRay
Reaves Redding Y Richardson Ricketson
Y Robinson Y Royal Y Selman Y Simpson N Sinkfield N Smith,L Y Smith.P N Smith/r
Smith,W Smyre

On the motion, the ayes were 93, nays 34. The motion prevailed.

YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Steele
Stephens Streat Y Teper N Thomas,C N Thomas,M Y Thompson E Thurmond Y Titus Y Tolbert Y Townsend
N Twiggs Y Vaughan Y Waddle
Walker.C Y WalkerJL Y Wall
Ware Y Watson
Y Watts N White Y Wilder Y Williams.B
Williams,J N Yates Y Yeargin
Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between telephones of different telephone companies operating in the same county.

Representative Watson of the 114th moved that the House adhere to its position in substituting SB 524 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Watson of the 114th, Green of the 106th and Beck of the 148th.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

THURSDAY, MARCH 1, 1990

2205

HB 1172. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system.

The following Senate amendment was read:

Amend HB 1172 by inserting between "as" and "to" on line 2 of page 1 the following:
"to provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal deputy registrar; to provide for powers and duties;".
By inserting between "vote;" and "to" on line 3 of page 2 the following:
"to provide an effective date;".
By inserting between lines 6 and 7 of page 2 the following:
"striking subsection (c) of Code Section 21-2-212, relating to the appointment of county deputy registrars, and inserting in its place a new subsection (c) to read as follows:
'(c) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, or his designee, and the director of each area vocational school in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school, the president of such college or university or his designee, and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective county of residence. Such principals, or assistant principals, presidents or designees, and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal, president or designee, or director would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school, the president of any public or private college or university or his designee, or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection.'
Section 1A. Said title is further amended by".
By inserting between lines 27 and 28 of page 10 the following:
"Section 7A. Said title is further amended by striking paragraph (1) of subsection (e) of Code Section 21-3-120, relating to the appointment of municipal deputy registrars, and inserting in its place a new paragraph (1) to read as follows:

2206

JOURNAL OF THE HOUSE,

'(1) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, or his designee, and the director of each area vocational school in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school, college, or university is located or who reside in a municipality which lies outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school, the president of such college or university, or his designee, and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective municipality of residence. Such principals, er assistant principals, presidents or designees, and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, or his designee, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal or director or president or his designee would be authorized to register under this paragraph.'".
By inserting between lines 9 and 10 of page 17 the following:
"Section 14A. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Representative Holmes of the 28th moved that the House agree to the Senate amendment to HB 1172.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick
Branch Y Breedlove Y Brooks Y Brown
YBuck Buford
YByrd Y Campbell Y Carrell

Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L Y Coleman
Cohvell Connell
E Couch Crawford
Y Crosby Cummings,B
Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dhton,S Y Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee

Y Goodwin
Green Greene Gresham Y Griffin
Y Groover Y Hamilton
Y Banner Y Harris
Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren
Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Lane.R Langford Y Lawrence

Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald
Y McKelvey McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Oliver,M
YOrr Orrock
Y Padgett Y Pannell
Par ham Y Parrish
Patten Pettit Pinkston

YPoag Y Porter
Y Poston Y Powell
Randall Y Ransom YRay
Reaves Redding Y Richardson Hicketson
Robinson Y Royal
Y Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P
Smith,T Smith.W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Y Stephens Streat
YTeper
Y Thomas.C Y Thomas,M Y Thompson

THURSDAY, MARCH 1, 1990

2207

E Thurmond
Y Titus Y Tolbert Y Townsend

Y Twiggs Y Vaughan Y Waddle
Walker.C

Y Walker,L Y Wall
Ware Y Watson

Y Watts Y White Y Wilder Y Williams,B

Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 131, nays 0. The motion prevailed.

HB 1633.

By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Annotated, relating to optional retirement benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.

The following Senate amendment was read:

Amend HB 1633 by striking all matter on lines 8 and 9 on page 2 and inserting in lieu thereof the following:
"which contained an agreement to resign en er before such judge's seventieth birthday because of age shall be void and of no".

Representative Groover of the 99th moved that the House agree to the Senate amendment to HB 1633.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck
Y Benefield YBenn Y Birdsong
Bishop
Y Bostick Branch
Y Breedlove Y Brooks Y Brown
YBuck Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark.L Y Coleman Y Colwell
Y Connell E Couch
Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Davis,G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee Y Goodwin
Green
Greene Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Hasty Y Heard
Herbert Y Holcomb Y Holland
Y Holmes Hooks
Y Howren Hudson
Y Irwin Y Isakson
Y Jackson,J Jackson.W
Y Jamieson Jenkins Johnson
Y Jones Kilgore
Y Kingston Y Lane.D
Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas
Lupton Y Mangum
Martin Y McCoy
Y McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Pannell
Par ham
Y Parrish Patten Pettit Pinkston
YPoag Y Porter
Poston Y Powell
Randall Ransom
YRay Reaves Redding
Y Richardson
Ricketson Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith.L
Y Smith.P Y Smith.T
Smith.W Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson E Thurmond Y Titus Y Tolbert
Townsend Y Twiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

2208

JOURNAL OF THE HOUSE,

On the motion, the ayes were 128, nays 0. The motion prevailed.

Representative Kingston of the 125th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1499. By Representatives Athon of the 57th, Mangum of the 57th and Hamilton of the 124th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees.

The following Senate substitute was read:

A BILL
To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain provisions relating to fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, is amended by striking subsection (e) thereof and inserting in its place a new subsection to read as follows:
"(e) (1) The State Board of Education shall charge the following fees to persons who file applications with the state board under its regulations adopted pursuant to the authority of this Code section:
(A) For an applicant for initial certification who is not actively teaching in Georgia Public Schools public or private schools ..........................................................................................................$ 20.00
(B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university................................................................................................ 20.00
(C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate............................................................... 20.00
(D) For an applicant for a certificate which adds a field or which endorses a certificate................................................................................. 20.00
(E) For an applicant for a conditional certificate............................................. 20.00
(F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia......................................................................................... 20.00
(G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates...................................... 20.00
(2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check or money order as a condition for filing the application.
(3) The fees provided for in this subsection shall be paid by the State Board of Education into the general funds of the state. The State Board of Education shall adopt regulations to carry out the provisions of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 1, 1990

2209

Representative Athon of the 57th moved that the House agree to the Senate substitute to HB 1499.
On the motion, the ayes were 107, nays 2.
The motion prevailed.

HB 560. By Representatives Hamilton of the 124th, Childers of the 15th, Richardson of the 52nd, Oliver of the 53rd and Connell of the 87th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances.

The following Senate amendment was read:

Amend HB 560 by striking from lines 21 through 23 of page 2 the following:
"Bring those children home who are inappropriately placed out of state through use of public funds",
and inserting in lieu thereof the following:
"Bring those children home who through use of public funds are inappropriately placed out of state".

Representative Hamilton of the 124th moved that the House agree to the Senate amendment to HB 560.
On the motion, the ayes were 100, nays 2.
The motion prevailed.

HB 1088.

By Representatives Pannell of the 122nd, Parrish of the 109th, Smith of the 78th, Buford of the 103rd, Thomas of the 69th and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that certain judicial employees shall be members of the retirement system; to provide for definitions; to provide for creditable service for prior membership in the retirement system; to provide for creditable service for prior service as a judicial employee.

The following Senate amendment was read:

Amend HB 1088 by deleting the quotation mark appearing at the end of line 16 on page 4.
By inserting between lines 16 and 17 on page 4 a new paragraph (3) to read as follows:
"(3) Any member qualified to obtain creditable service pursuant to the authority of this subsection shall apply to the board of trustees for such creditable service by not later than July 1, 1991.'"

Representative Pannell of the 122nd moved that the House agree to the Senate amendment to HB 1088.
On the motion, the ayes were 105, nays 0.

2210

JOURNAL OF THE HOUSE,

The motion prevailed.

HB 1608.

By Representatives Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees.

The following Senate substitute was read:

A BILL
To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to clarify the authority of municipalities and counties to levy occupation taxes on real estate brokers; to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by striking Code Section 48-13-6, relating to occupation taxes on real estate brokers, in its entirety and substituting in lieu thereof a new Code Section 48-13-6 to read as follows:
"48-13-6. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupation, or professional tax shall permit the broker and the broker's affiliated associate brokers and salespersons to engage in all of the brokerage activities described in Code Section 43-40-1 without further licensing or taxing other than the state licenses issued pursuant to Chapter 40 of Title 43. No additional license, occupation, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, however, that, subject to the limitations of subsection (b) of this Code section, a municipality or county which levies a general occupation or business license tax which is levied on a gross receipts basis shall have the power to levy and collect an occupation, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross revenue receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction.
(b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county."
Section 2. Said chapter is further amended by striking Code Section 48-13-17, relating to the issuance of executions against delinquent taxpayers, in its entirety and inserting in lieu thereof the following:
"48-13-17. (a) In addition to the other remedies available to this the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due.
(b) The right of the state, counties, and municipalities to criminally prosecute persons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to

THURSDAY, MARCH 1, 1990

2211

the remedy of issuing executions against delinquent taxpayers as authorized by subsection (a) of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Bishop of the 94th moved that the House agree to the Senate substitute to HB 1608.
On the motion, the ayes were 46, nays 38.
The motion was lost and the House disagreed to the Senate substitute to HB 1608.

The following Resolution of the House was read and referred to the Committee on Natural Resources:

HR 1014. By Representative Childers of the 15th:
A resolution expressing interest in and support of legislative and other measures in support of the environment.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1015. By Representative Hamilton of the 124th: A resolution creating the House Strategic Planning Study Committee.

The following Resolutions of the House were read and adopted:

HR 1016. By Representative Dunn of the 73rd:
A resolution commending Bryan Simkins as Chairman of the Georgia Association of Realtors Legislative Affairs Committee.

HR 1017. By Representative Dunn of the 73rd:
A resolution congratulating Mr. and Mrs. Harold T. Daniel on the occasion of their golden anniversary.

HR 1018. By Representatives Dunn of the 73rd and Wall of the 61st:
A resolution commending realtor Jim Hood upon his service as president of the Georgia Association of Realtors.

HR 1019. By Representative Dunn of the 73rd:
A resolution commending E. G. Meybohm for his service as 1989 President of the Georgia Association of Realtors.

HR 1020. By Representative Dunn of the 73rd:
A resolution commending Bob Hamilton upon his election as President of the Georgia Association of Realtors.

HR 1021. By Representatives Jenkins of the 80th and Ray of the 98th: A resolution commending Mr. 0. H. Banks.

2212

JOURNAL OF THE HOUSE,

Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 663 Do Pass, by Substitute
Respectfully submitted, 1st Lord of the 107th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 153 Do Pass, by Substitute SB 636 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Kilgore of the 42nd District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 883 Do Pass SR 281 Do Pass, by Substitute SR 461 Do Pass, by Substitute
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Pursuant to SR 496, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 5, 1990.

MONDAY, MARCH 5, 1990

2213

Representative Hall, Atlanta, Georgia Monday, March 5, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Aaron Adams Aiken Alien Athon Atkins
Baker Bannister Barfoot Bargeron Barnett.B
Beck Benefield Benn Birdsong Bishop Bostick Branch Breedlove Brooks Brown Buck Byrd Campbell Carrell Carter Chambless Chance Cheeks Childers

Clark.B
Clark.H Clark.L Coleman Colwell
Connell Couch Crawford
Crosby Cummings,B
Davis,C
Davis.G
Davis.M Dixon.H Dixon,S Dobbs
Dover
Dunn
Edwards Ehrhart Felton Fennel
Floyd,J.M Floyd,J.W Foster Godbee Good win Green Greene Gresham Griffin Groover

Hamilton
Manner
Harris
Hasty Heard Herbert
Holcomb Holland Hooks Howren Hudson
Irwin
Isakson Jackson,J Jamieson Jenkins Johnson Jones Kilgore Lane.D Lane.R Langford Lawrence Lawson
Lee Long Lord Lucas Lupton Mangum Martin McCoy

McDonald McKelvey
McKinney,B McKinney.C Meadows Milam Mobley Moody
Morton Mueller Oliver.C Orr Orrock Padgett Pannell Parham Parrish Patten Pettit
Poag
Porter
Poston
PoweU RandaU
Ransom
Ray
Reaves
Richardson
Ricketeon
Robinson
Royal

Selman Simpson Smith.L Smith.P Smith,T
Smith,W
Snow Stancil,F Stancil,S Stanley Steele
Stephens
Streat Teper Thomas.C Thurmond
Titus Tolbert Townsend Vaughan
Waddle
Wall
Ware
Watson
Watts Wilder
Wilh'ams,B
Williams,J
Yates
Yeargin
Murphy,Spkr

Prayer was offered by the Bishop Earl Paulk, Chapel Hill Harvester Church, Decatur, Georgia.

Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.

2214

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:

HB 2079. By Representatives Selman of the 32nd, McKinney of the 35th, Lane of the 27th, McKinney of the 40th and Benn of the 38th:
A bill to provide a homestead exemption from all Fulton County School District ad valorem taxes for educational purposes, except for taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $30,000.00 and who are 65 years of age or over or disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2080. By Representatives Carrell of the 65th and Mobley of the 64th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to change the powers and duties of the city manager; to authorize retention of staggered two-year terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2081. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Jamieson of the llth:
A bill to amend an Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, so as to change the time and manner of electing the mayor and council; to provide for terms.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 2082. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 2083. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Tolbert of the 58th, Aaron of the 56th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to extend certain limitations on the millage rate levied in certain municipalities.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 5, 1990

2215

HB 2084. By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act incorporating the City of Santa Claus in Toombs County and providing a new charter for said city, so as to expand the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 2072 HB 2073 HB 2074 HB 2075 HB 2076 HB 2077 HB 2078

HR 1000 HR 1013 SB 756 SB 757 SB 758 SB 759 SR 486

Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 662 Do Pass
Respectfully submitted, /s/ Ware of the 77th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 427 Do Pass SB 509 Do Pass SR 416 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

2216

JOURNAL OF THE HOUSE,

HR 960 Do Pass SR 437 Do Pass

Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 2041 Do Pass HB 2056 Do Pass HB 2057 Do Pass HB 2058 Do Pass
2059 Do Pass HHBB 22006610 DDoo PPaassss
HB 2062 Do Pass
HB 2063 Do Pass
HB 2064 Do Pass
HB 2065 Do Pass

HB 2066 Do Pass HB 2067 Do Pass HB 2068 Do Pass HB 2069 Do Pass HB 2070 Do pasg
O2rir71 ^o ,P,ass
SB 624 Do Pass
SB 659 Do Pass
SB 677 Do Pass, as Amended
SB 752 Do Pass

Respectfully submitted, /s/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, MARCH 5, 1990
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
HR 568 Movie Industry Study Comm.; Create HR 634 Older Georgians Transportation Study Comm.; Create HR 883 House Rapid Rail Passenger Service Study Committee; Create
SB 250 Georgia Real Estate Appraisers Board; Create SB 434 Accident and Sickness Ins.; Cert. Groups Pooled for Rating Purposes SB 445 Probate Court Judge; Training Req.; Repeal Cert. Provisions SB 468 Hospital Financing Authority; Powers SB 472 Probate Courts; Contempt; Penalty SB 554 Bonds; Expenditure of Funds Other Than Stated SB 560 Ad Comm. on Programs for Visually/Hearing Impaired; Term. Date SB 561 County Jails; Confinement of Inmate; Jurisdiction SB 566 Bingo; Fingerprints or Photo; Licensing Requirements SB 591 Dual Party Telephone Relay System; Physically Impaired SB 593 Coroner's Training Council; Quorum; Amend Provisions SB 594 Coroners; Embalming Expenses; Payment SB 595 Coroner's Training Council; Membership; Terms

MONDAY, MARCH 5, 1990

2217

SB 601 Securities; Certain Business Activities; Transmission of Money SB 608 Water Quality Control Act; Violation; Penalty SB 613 State Government; In-State Vendors; Preference SB 623 Georgia Military College; Create Board of Trustees SB 630 Domestic Relations; Children's Interest; Parents Attend Seminar SB 634 Magistrate Court; Disciplining of Magistrates; Approval SB 636 Evidence; Persons Gathering News and Dissemination; Privilege SB 642 Mtr. Veh.; Fleeing or Attempting to Elude Officer; Penalty SB 680 State Properties Commission; Revocable License; Granting SB 693 Group Self-Insurance Funds; Maintenance of Secur. Deposits
SR 427 Floyd County; Grant Easement SR 443 Liberty County; Convey Property SR 461 Ernest W. Strickland Bridge; Designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 2041.

By Representative Carrell of the 65th:
A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the manner in which members of the board are elected; to provide for meetings; to change the power to contract.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2056. By Representative Greene of the 130th:
A bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2057. By Representative Watts of the 41st:
A bill to amend an Act creating a new charter for the City of Hiram, so as to expand the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

2218

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 2058. By Representatives Holland of the 136th and Hanner of the 131st: A bill to create a board of elections for Lee County, Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2059.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other members of the board; to extend the number of days within which the final report and audit shall be submitted to the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2060.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the content of the report and audit submitted to the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2061.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to^
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2062.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.

MONDAY, MARCH 5, 1990

2219

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2063.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2064.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating a new charter for the City of Riverdale, so as to redefine the boundaries of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2065.

By Representatives Chambless of the 133rd, Cummings of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2066.

By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act entitled "An Act to amend an Act providing a new board of commissioners of Henry County," so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; to provide that such chairman shall be the chief executive officer of the county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

2220

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 2067.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to fix the salary of the sheriff; to fix the salary of the clerk of superior court; to provide longevity allowances to the clerk of superior court for prior years of service.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2068.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to provide longevity allowances to the tax commissioner for prior years of service; to change the provisions relative to the compensation of the deputy tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2069.

By Representative Thurmond of the 67th:
A bill to amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, so as to change the compensation of the judge of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2070.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide that future school superintendents of the Clayton County School District shall be nominated and elected in nonpartisan primaries and elections.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, MARCH 5, 1990

2221

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 2071.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to restate and recodify certain existing provisions of law; to revise certain existing provisions of law; to change the composition of the board of education; to change the terms of members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 624. By Senators Olmstead of the 26th, Harris of the 27th and Barker of the 18th:
A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," as amended, so as to increase the civil penalty for a violation of wastewater pretreatment regulations from a maximum of $750.00 per day to a maximum of $1,000.00 per day.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 659. By Senators Olmstead of the 26th, Barker of the 18th and Harris of the 27th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to amend Section 6(c)(2) "Option C" of said Act so as to change certain provisions relating to the custodian of the pension fund; to change the qualifications of the custodian of the pension fund; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 677. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.

The following amendment was read and adopted:

2222

JOURNAL OF THE HOUSE,

The Committee on State Planning and Community Affairs moves to amend SB 677 by inserting between lines 10 and 11 on page 2 the following:
"The solicitor shall have the authority to enter into agreements and contracts on behalf of the City of Atlanta for the purpose of implementing victim and witness assistance programs in the Municipal Court of Atlanta."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 752. By Senator Fincher of the 54th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Whitfield County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Irwin of the 13th stated that she would like to be recorded as voting "nay" on the local Bills passed today.
Representative Wall of the 61st moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:
SB 570. By Senators Scott of the 2nd, Langford of the 35th and Albert of the 23rd:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
N Abernathy N Adams N Aiken
Alford N Alien N Athon
N Atkins N Bailey N Baker N Balkcom N Bannister NBarfoot N Bargeron Y Bamett,B
Barnett.M

N Bates
NBeck
N Benefield NBenn Y Birdsong
Bishop N Bostick N Branch Y Breedlove N Brooks
Brown NBuck N Buford
NByrd N Campbell Y Carrell

N Carter
N Chambless N Chance N Cheeks N Childers N Clark,B N Clark.H
N Clark,L N Coleman N Colwell N Connell
N Couch N Crawford
Crosby Cummings,B CummingstM

N Davis,C N Davis.G
N Davis.M Dixon,H
N Dimn,S NDobbs N Dover
N Dunn Edwards
N Ehrhart Felton
Y Fennel N Floyd^.M N Floyd^J.W
N Foster N God bee

Goodwin
N Green N Greene N Gresham N Griffin N Groover
Hamilton N Manner N Harris
N Hasty N Heard N Herbert N Holcomb
N Holland N Holmes N Hooks

MONDAY, MARCH 5, 1990

2223

N Howren
N Hudson N Irwin N Isakson N Jackson,J N Jackson, W
Jamieson Jenkins N Johnson N Jones N Kilgore Kingston
N Lane,D N Lane,R
Langford N Lawrence N Lawson N Lee N Linder N Long

N Lord
N Lucas N Lupton N Mangum N Martin N McCoy
N McDonald N McKelvey
McKinney,B N McKinney.C N Meadows
Milam
N Mobley N Moody N Morton N Moultrie N Mueller N Oliver.C
01iver,M N Orr

N Orrock
N Padgett N Panned N Parham N Fairish N Patten
N Pettit Pinkston
N Poag N Porter Y Poston N Powell
N Randall Y Ransom Y Ray N Reaves
Redding Y Richardson N Ricketson N Robinson

On the motion, the ayes were 14, nays 136. The motion was lost.

N Royal
N Selman N Simpson
Sinkfield Y Smith.L N Smith.P
Smith,T N Smith.W
Smyre N Snow N Stancil,F Y Stancil.S
N Stanley N Steele N Stephens N Streat N Teper N Thomas,C
Thomas,M Thompson

N Thurmond
N Titus N Tolbert
Townsend N Twiggs N Vaughan
N Waddle Walker.C
N Walker,L Y Wall Y Ware N Watson
N Watts N White
Wilder N WiUiams,B N Williams,J N Yates N Yeargin
Murphy,Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

HB 9. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide that persons contracting with a state agency shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor to provide a drug-free workplace.

HB 109. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar.

HB 115. By Representatives Porter of the 119th, Coleman of the 118th, Parrish of the 109th and Oliver of the 121st:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide that when a spouse who is a beneficiary under an option predeceases a retired member, the retirement benefit of the retired member shall be increased to the maximum benefit.

HB 141. By Representative Connell of the 87th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional steps on the salary schedule for secretaries of judges of the superior courts; to provide that these increases will be designated as L steps and may be granted not more often than every two years.

2224

JOURNAL OF THE HOUSE,

HB 623. By Representative Couch of the 36th:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to the transfer of members of a certain local retirement fund to the Teachers Retirement System of Georgia, so as to provide for certain refunds or payments to a county school system.

HB 677. By Representative Hamilton of the 124th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary secondary education, so as to limit the authority for local school systems to employ attendance officers; to provide for the employment of school social workers in lieu of attendance officers.

HB 752. By Representative Parrish of the 109th:
A bill to amend Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, so as to authorize certain members to transfer their membership to the Employees' Retirement System of Georgia.

HB 754. By Representative Parrish of the 109th:
A bill to amend Code Section 47-2-163 of the Official Code of Georgia Annotated, relating to the provision of the Employees' Retirement System of Georgia authorizing survivors benefits for members of the General Assembly, so as to change the provisions relating to such coverage for survivors benefits.

HB 764. By Representatives Parrish of the 109th, Parham of the 105th and Moore of the 139th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to the effects of convictions for certain crimes on membership in public retirement systems, so as to provide that no person who commits or conspires to commit the murder of voluntary manslaughter of a member, retiree, or beneficiary under a public retirement system shall receive a refund of contributions or any benefit.

HB 776. By Representative Jones of the 71st:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change the provisions relating to alternative dates and provisions for interest and final settlements of ad valorem taxes.

HB 1240.

By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the exemptions from the requirement of a license to engage in the business of selling or issuing checks; to provide for definitions.

HB 1246. By Representatives Birdsong of the 104th and Barnett of the 10th:
A bill to amend Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or escorting funeral processions, so as to delete the provisions of said Code section; to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to provide for immunity of liability for law enforcement officers directing or escorting funeral processions.

MONDAY, MARCH 5, 1990

2225

HB 1320.

By Representatives Oliver of the 53rd, Smyre of the 92nd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to revise the provisions relating to the removal of a child from that child's home; to provide that the Division of Family and Children Services of the Department of Human Resources shall submit a case plan for the reunification of the child and his or her family.

HB 1321. By Representatives Oliver of the 53rd, Baker of the 51st, Simpson of the 70th, Robinson of the 96th, Hamilton of the 124th and others:
A bill to amend Code Section 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, so as to provide that in all cases involving deprivation, or in criminal cases involving child molestation, the child involved shall be competent to testify.

HB 1326.

By Representatives Hamilton of the 124th, Pinkston of the 100th, Dunn of the 73rd, Foster of the 6th, Stancil of the 8th and others:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance for public officers and employees generally, so as to provide for liability coverage under state insurance policies, contracts of indemnity, or similar programs for certain nonprofit agencies and their employees.

HB 1333.

By Representative Watson of the 114th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to reenact Article 1 thereof, relating to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission.

HB 1335.

By Representatives Godbee of the 110th, Walker of the 115th, Coleman of the 118th, Groover of the 99th, McDonald of the 12th and others:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including certain covenant agreements.

HB 1352. By Representatives Porter of the 119th, Campbell of the 23rd and Davis of the 45th:
A bill to amend Code Section 53-2-45 of the Official Code of Georgia Annotated, relating to the effect of a legacy or devise to a subscribing witness to a will, so as to provide that a legacy or devise to a subscribing witness shall not be void if there are t least two other subscribing witnesses to such will who are not legatees or devisees under such will.
HB 1366. By Representative Reaves of the 147th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to change the definition of the term "stable"; to change the provisions relating to licenses for pet dealers and kennels, stables, or animal shelter operators.

2226

JOURNAL OF THE HOUSE,

HB 1367.

By Representative Reaves of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to the powers of the Commissioner of Agriculture to deal with certain diseases.

HB 1390.

By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, so as to provide that probate judges shall be authorized to approve structured settlements entered into by a guardian on behalf of his ward.

HB 1392. By Representatives Baker of the 51st, Oliver of the 53rd, Alford of the 57th and Robinson of the 96th:
A bill to amend Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, so as to provide that the judge of the probate court may change the reporting period; to provide that the judge of the probate court may accept and approve a return not covering the appropriate reporting period.

HB 1444.

By Representatives Crosby of the 150th, Coleman of the 118th and Royal of the 144th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales tax and use tax, so as to require the keeping of certain records of projects; to require certain schedules to be included in annual audits; to provide for verification and testing; to require the keeping of certain records pertaining to certain contracts or agreements.

HB 1516.

By Representative Mangum of the 57th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to repeal Code Section 20-2-63, relating to failure to arrange for operation of schools.

HB 1540.

By Representatives Coleman of the 118th, Crosby of the 150th, Royal of the 144th, Waddle of the 113th, Birdsong of the 104th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to require county governing authorities to publish annual reports containing the millage rate and assessed taxable value of certain property subject to certain taxation for the coming fiscal year and the immediately preceding five fiscal years.

HB 1541.

By Representatives Walker of the 115th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd, Connell of the 87th and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide a definition; to limit the Department of Medical Assistance's ability to obtain interest and its liability for interest.

MONDAY, MARCH 5, 1990

2227

HB 1571. By Representatives Barfoot of the 120th, Lane of the lllth, Reaves of the 147th, Oliver of the 121st, Moody of the 153rd and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Vidalia Sweet Onion as the official vegetable of this state.

HB 1708. By Representatives Kilgore of the 42nd, Watson of the 114th and Byrd of the 153rd:
A bill to amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds of local governments, so as to provide a legislative intent; to provide certain definitions; to provide that the Department of Community Affairs may increase the amount of any notice of allocation of the state ceiling on private activity bonds under certain circumstances.

SB 760. By Senator Engram of the 34th:
A bill to provide for the appointment of the school superintendent of the Fayette County School System and provide for terms and vacancies; to provide for the applicability of laws; to provide for a referendum, effective date, and automatic repeal.

SB 761. By Senator Clay of the 37th:
A bill to amend an Act reincorporating and creating a new charter for the City of Jefferson in the County of Jackson, as amended, so as to repeal the provisions for emergency approval and adoption of ordinances; to change the provisions and procedures relating to the approval and adoption of ordinances; to provide an effective date.

SB 762. By Senator English of the 21st:
A bill to provide for election of the chairman and the members of the board of education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies.

SB 763. By Senator Albert of the 23rd:
A bill to provide for a referendum election in the Columbia County School District at which the voters of said school district shall be given three options relating to the election or appointment of future school superintendents of said school district; to provide as one alternative that future school superintendents continue to be elected in partisan elections.

SB 764. By Senator Johnson of the 47th:
A bill to amend an Act establishing a public school system in the City of Jefferson, as amended, so as to provide authority for the Mayor and Council to levy and collect a school tax not greater than 20 mills per dollar for the support and maintenance of education for the public school system in the City of Jefferson, Georgia; to provide an effective date.

2228

JOURNAL OF THE HOUSE,

HB 1897. By Representative Smith of the 78th:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Lamar County.

HB 1904.

By Representatives Stephens of the 68th, Thurmond of the 67th, Clark of the 13th and Irwin of the 13th:
A bill to provide for the unification of the existing governments of the City of Athens and Clarke County; to provide for the creation of the unified government of Athens-Clarke County, Georgia.

HB 1922. By Representatives Herbert of the 76th, Adams of the 79th, Yates of the 75th and Heard of the 43rd:
A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that judicial circuit.

HB 1944. By Representatives Titus of the 143rd and Long of the 142nd: A bill to provide a new charter for the City of Thomasville, Georgia.

HB 1968. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.

HB 1979.

By Representatives Holland of the 136th and Hudson of the 117th:
A bill to amend an Act amending, consolidating, and superseding the several Acts of the General Assembly of the State of Georgia pertaining to the City of Ashburn, so as to provide that the mayor and councilmembers shall serve for two-year terms; to provide for elections.

HB 1987. By Representative Holland of the 136th:
A bill to amend an Act creating and establishing a Board of Commissioners of Roads and Revenues of Worth County, so as to change the method of filling vacancies on such board.

HB 1988. By Representative Holland of the 136th:
A bill to amend an Act providing a new charter for the City of Warwick, so as to provide that the mayor and members of the city council shall serve for two-year terms; to provide for elections.

HB 1991. By Representative Holland of the 136th:
A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court.

HB 1992.

By Representatives Holland of the 136th and Hanner of the 131st:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, so as to change a certain provision relating to the employment of deputies.

MONDAY, MARCH 5, 1990

2229

HB 1993.

By Representatives Thomas of the 69th, Jones of the 71st, Simpson of the 70th, Kilgore of the 42nd, Cummings of the 17th and others:
A bill to amend an Act known as the "West Georgia Regional Water Authority Act," so as to include Carroll County as a member county of the West Georgia Regional Water Authority; to change the membership of the authority.

HB 1994. By Representatives Wilder of the 21st, Clark of the 20th, Aiken of the 21st, Ehrhart of the 20th, Thompson of the 20th and others:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, so as to change the compensation of said judge.

HB 1995.

By Representatives Clark of the 20th, Thompson of the 20th, Vaughan of the 20th, Aiken of the 21st, Atkins of the 21st and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to change the corporate limits of the city.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.

HB 1757. By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.

2230

JOURNAL OF THE HOUSE,

HB 1177.

By Representative Barnett of the 10th:
A bill to amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize the county board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the purpose of collecting unpaid county school taxes.

HB 1412. By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.

HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941.

HB 1889.

By Representative Bostick of the 138th:
A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Committee and its composition and powers.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:

HR 580. By Representative Sinkfield of the 37th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia.

HR 764. By Representative Pettit of the 19th:
A resolution authorizing the granting of a nonexclusive easement for construction, operation, and maintenance of an underground effluent pipe line over or under property owned by the State of Georgia in Bartow County, Georgia.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

HR 592. By Representatives Jamieson of the llth and Dover of the llth:
A resolution extending and redesignating the U.S. 441 Business Historic Route.

The Senate has agreed to the House substitutes to the following Bills and Resolutions of the Senate:

MONDAY, MARCH 5, 1990

2231

SB 229. By Senator Edge of the 28th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to provide for additional functions and powers of hospital authorities; to provide for additional purposes for which proceeds of the sale of a hospital may be expended.
SB 333. By Senators English of the 21st, Albert of the 23rd and Olmstead of the 26th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed medical practitioners, shall not discriminate among qualified applicants on the basis of an applicant's degree.
SB 629. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students to attend summer camps or other recreational activities if school systems are reimbursed in full from sources other than public school funds.
SB 724. By Senator Tate of the 38th:
A bill to amend an Act creating a county-wide library system in Fulton County, as amended, so as to provide for a per diem allowance to be paid to certain members of the board of trustees; to provide an effective date.
SR 413. By Senator Kennedy of the 4th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; to provide an effective date.
SR 64. By Senators Scott of the 2nd and Tysinger of the 41st:
A resolution authorizing the conveyance of certain state owned real property located in Atlanta, Fulton County, Georgia; to provide an effective date.
SR 362. By Senators Coleman of the 1st, Huggins of the 53rd, Olmstead of the 26th and others:
A resolution designating the Luther V. Land Bridge.
The Senate has agreed to the House amendments to the following Bills of the Senate:
SB 460. By Senator Broun of the 46th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of State from membership on the governing bodies of certain associations and authorities.

2232

JOURNAL OF THE HOUSE,

SB 641. By Senators Garner of the 30th and Broun of the 46th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to clarify the authority of peace officers employed by universities, colleges, schools, railroads, public agencies, and public authorities, as well as officers of the state and political subdivisions, to apply for search warrants.
SB 748. By Senator Brannon of the 51st:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Gordon County; to create a chairman and board of commissioners for Gordon County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commission districts.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 112. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes; to provide an effective date.
SB 765. By Senator Harris of the 27th:
A bill to amend an Act creating a board of commissioners of Monroe County, as amended, so as to change the compensation of the commissioners; to provide for a referendum; to provide effective dates.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 112. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 760. By Senator Engram of the 34th:
A bill to provide for the appointment of the school superintendent of the Fayette County School System and provide for terms and vacancies; to provide for the applicability of laws; to provide for a referendum, effective date, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 761. By Senator Clay of the 37th:
A bill to amend an Act reincorporating and creating a new charter for the City of Jefferson in the County of Jackson, as amended, so as to repeal the provisions for emergency approval and adoption of ordinances; to change the provisions and procedures relating to the approval and adoption of ordinances; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

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2233

SB 762. By Senator English of the 21st:
A bill to provide for election of the chairman and the members of the board of education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies.
Referred to the Committee on State Planning & Community Affairs Local.
SB 763. By Senator Albert of the 23rd:
A bill to provide for a referendum election in the Columbia County School District at which the voters of said school district shall be given three options relating to the election or appointment of future school superintendents of said school district; to provide as one alternative that future school superintendents continue to be elected in partisan elections.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 764. By Senator Johnson of the 47th:
A bill to amend an Act establishing a public school system in the City of Jefferson, as amended, so as to provide authority for the Mayor and Council to levy and collect a school tax not greater than 20 mills per dollar for the support and maintenance of education for the public school system in the City of Jefferson, Georgia; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 765. By Senator Harris of the 27th:
A bill to amend an Act creating a board of commissioners of Monroe County, as amended, so as to change the compensation of the commissioners; to provide for a referendum; to provide effective dates.
Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 445. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, and Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

2234

JOURNAL OF THE HOUSE,

SR 461. By Senator Kennedy of the 4th: A resolution designating the Ernest W. Strickland Bridge.

The following Committee substitute was read and adopted:

A RESOLUTION
Designating the Ernest W. Strickland Bridge, designating the Joe A. Whitherington Bridge, designating the Banks Crossing Highway; and for other purposes.
WHEREAS, on April 24, 1986, the State of Georgia lost one of its finest and most distinguished citizens in the untimely passing of Ernest W. Strickland; and
WHEREAS, he served with honor and distinction as a member of the House of Representatives for eight years; and
WHEREAS, he was a lifelong resident of Evans County and a devoted member of the Daisy United Methodist Church where he served as chairman of the board for 38 years; and
WHEREAS, he was a prominent farmer, charter member and past president of the Evans County Farm Bureau, and president of Claxton Oil Company, Claxton Warehouse, Inc., and Strickland Transportation, Inc.; and
WHEREAS, his special contributions were indispensable in the establishment of the renowned Annual Rattlesnake Roundup; and
WHEREAS, during his tenure in the House of Representatives, Mr. Strickland devoted much time and energy to widening U. S. Highway 301 to four lanes through Georgia, and said highway presently has four lanes from Statesboro to Interstate Highway 16 and from Interstate Highway 16 to Claxton; and
WHEREAS, until his retirement in January, 1990, Joe A. Whitherington, city engineer, had served the City of Macon longer than any other active city employee or official; and
WHEREAS, he began his public employment in 1935 in the engineering division of the Department of Transportation; and
WHEREAS, in 1939, he moved to Macon and began work in the city engineering department; and
WHEREAS, he interrupted his city employment only to enlist in World War II where he served in General Patton's Third Army and was awarded the Purple Heart and three Battle Stars; and
WHEREAS, after the war, he returned to Macon and resumed his position in city engineering, which he performed with distinction and a rare dedication; and
WHEREAS, he is a registered civil engineer and land surveyor; and
WHEREAS, he is a charter member and past president and director of the Macon chapter of the Georgia Society of Professional Engineers; and
WHEREAS, in recognition of Joe A. Whitherington's 50 years of loyalty and dedication to the City of Macon and in honor of his many contributions to his community, it is only fitting and proper that this state perpetuate his name in an appropriate manner.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Canoochee River on U. S. Highway 301 in Evans County, Georgia, is designated as the Ernest W. Strickland Bridge; the state bridge currently designated as the Hardeman Bridge, which crosses 1-75 in Bibb County, Georgia,

MONDAY, MARCH 5, 1990

2235

is designated as the Joe A. Whitherington Bridge; and that portion of U. S. Highway 441 in Banks County, Georgia, from the intersection of Interstate 85 and U. S. Highway 441 north to the city limits of Homer, Georgia, is designated as the Banks Crossing Highway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Ernest W. Strickland Bridge, the Joe A. Whitherington Bridge, and the Banks Crossing Highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and to the families of Mr. Ernest W. Strickland and Mr. Joe A. Whitherington.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 554. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds of counties, municipal corporations, and other governmental entities, so as to provide for the expenditure of bond funds for purposes other than that stated in the public bond notice; to provide for related matters; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 601. By Senators Turner of the 8th, McKenzie of the 14th, Kennedy of the 4th and others:
A bill to amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust companies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with respect to certain business activities; to revise provisions relative to entities which may lawfully act as corporate fiduciaries.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 636. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, so as to provide a qualified privilege for persons, companies, or other entities engaged in news gathering and dissemination; to provide an effective date.

2236

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Judiciary moves to amend SB 636 on page 1, line 15 by changing "or" to "and"; and on line 23 by deleting the word "highly".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 107, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 591. By Senators Scott of the 2nd, Howard of the 42nd and Allgood of the 22nd:
A bill to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide dual party telephone relay system; to provide for legislative findings and declarations.

The following Committee substitute was read:

A BILL
To amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide single provider dual party telephone relay system; to provide for legislative findings and declarations; to provide for maintenance surcharges; to provide for duties, powers, and authority of the Public Service Commission with respect to the foregoing; to provide for confidentiality and the protection of privacy; to provide that the Public Service Commission and the provider of the dual party relay system service shall have immunity from liability with respect to the establishment and operation of such system; to provide that employees of the provider of the dual party relay system service shall not be liable with respect to the establishment and operation of such system except under certain limited circumstances; to provide for contracts and carrier selection; to provide for operation not later than July 1, 1991; to provide for rates and charges; to provide exemptions from franchise and sales and use taxes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, is amended by striking Code Section 46-5-30, relating to a state-wide dual party telephone relay system feasibility study, which reads as follows:
"46-5-30. The commission shall undertake a study of the feasibility of establishing, administering, and promoting a state-wide dual party telephone relay system to provide basic telecommunication services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. Such study shall include a thorough and complete analysis of the state-wide need for such a system as well as the projected cost of establishing, administering, and promoting such system. Such report shall be provided to the General Assembly not later than December 1, 1989.", and inserting in lieu thereof a new Code Section 46-5-30 to read as follows:
"46-5-30. (a) The General Assembly finds and declares that it is in the public interest to provide basic telecommunication services to all citizens of this state who, because

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of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone.
(b) The commission shall establish, implement, administer, and promote a state-wide single provider dual party relay service and contract for the administration and operation of such relay service.
(c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, 'exchange access facility' means the access from a particular telephone subscriber's premise to the telephone system of a local exchange telephone company. 'Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20<t per month. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay service. The local exchange companies shall collect the surcharge from their customers and transfer the monies collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service and shall not be used for the distribution of telecommunication devices for the deaf or similar such devices or be imposed, collected, or expended for any other purpose.
(d) The dual party relay system shall protect the privacy of persons to whom relay services are provided and shall require all operators to maintain the confidentiality of all telephone messages. The confidentiality and privacy of persons to whom relay services are provided will be protected by means of the following:
(1) The relay center shall not maintain any form of permanent copies of messages relayed by their operators or allow the content of telephone messages to be communicated to, or accessible to, nonstaff members;
(2) Persons using the relay services shall not be required to provide any personal identifying information until the party they are calling is on the line, and shall only be required to identify themselves to the extent necessary to fulfill the purpose of their call;
(3) Relay operators shall not leave messages with third parties unless instructed to do so by the person making the call;
(4) Relay operators shall not intentionally alter a relayed conversation; and (5) Relay operators shall not refuse calls or limit the length of calls. (e) Neither the commission nor the provider of the dual party relay system service nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees of the provider of the dual party relay system service shall be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of the dual party relay system service. (f) The commission shall select the telecommunications carrier which will provide the relay system service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in having access to a high quality and technologically advanced telecommunication system, and all other factors listed in the commission's request for proposals. (g) The commission shall provide that the dual party telephone relay telephone system shall be operational no later than July 1, 1991."
Section 2. Said Part 1A is further amended by adding at the end thereof a new Code Section 46-5-31 to read as follows:
"46-5-31. (a) Long-distance and all other applicable rates and charges, including the surcharge required by this part, shall apply to the users of the dual party relay system in the same manner as all other telephone subscribers, but no additional charges may be imposed for the use of the relay system. Local exchange telephone companies shall

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be compensated for any collection, inquiry, or other administrative services provided by said companies in conjunction with the operation of the dual party relay system.
(b) The surcharge created by this part and collected by the local exchange telephone companies is not includable in gross receipts subject to franchise tax allowed pursuant to Code Section 36-34-2 or subject to the sales and use taxes levied under Chapter 8 of Title 48."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pettit of the 19th moves to amend the committee substitute to SB 591 by adding on line 26 of page 2 between the word "service" and the word "and" the following:
"operating seven days per week, 24 hours per day,".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 250. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regulation of certain real estate appraisers; to provide a short title; to provide definitions; to create the Georgia Real Estate Appraisers Board and provide for the membership, qualifications, terms, officers, powers, duties, authority, compensation, expenses, quorum, practices, and procedures thereof.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the registration, licensing, or certification and regulation of real estate appraisers; to provide for the classification of real estate appraisers; to provide a short title; to define certain terms; to create the Georgia Real Estate Appraisers Board and to provide for the membership, qualifications, terms, officers, powers, duties, authority, compensation, expenses, quorum, practices, and procedures thereof; to provide for the board to be attached to the Georgia Real Estate Commission for administrative purposes; to provide for the determination of fees; to provide for the status of any registration, license, or certification issued by the board to an employee of the Georgia Real Estate Commission; to provide for a seal; to provide for the use of records as evidence; to provide for applications for registration, licensing, or certification; to provide qualifications for registration, licensing, or certification; to provide for continuing education as a condition for renewal of a registration, license, or certificate; to provide for license and certification requirements applicable to nonresidents; to provide for wall certificates and the use of registration, license, or certification numbers; to provide for registration, license, certification, examination, and renewal fees generally; to provide for reactivation in cases

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where a registration, license, or certification has lapsed; to provide for inactive registrations, licenses, or certifications; to provide for fees for schools offering approved courses required of real estate appraisers; to provide exceptions; to provide certain penalty fees; to provide for the disposition of fees collected; to provide for the granting, revocation, or suspension of registrations, licenses, or certifications; to provide for hearings and the applicability of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for the applicability of Chapter 7 of Title 14, the "Georgia Professional Corporation Act"; to provide requisites for maintaining certain civil actions; to provide for violations by appraisers and schools; to provide penalties; to provide for the use of the term "certified" in connection with appraisal reports; to provide for the use of the term "certified real estate appraiser" only under certain conditions; to prohibit the issuance of a registration, license, or certification to a corporation, partnership, firm, or group; to provide for specialized services; to provide for investigations; to provide for injunctive actions by the Attorney General; to provide exceptions under this Act; to provide that a person taking certain actions shall be deemed an appraiser; to provide for cease and desist orders by the board; to provide penalties with respect to such actions; to provide for judicial review; to provide for the effect on other remedies; to provide that certain actions relating to appraisal activity shall constitute crimes; to provide a criminal penalty; to provide for termination of the Georgia Real Estate Appraisers Board on July 1, 1994, and the specific repeal of this Act on such date; to provide a conditional effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding between Chapters 39 and 40 a new Chapter 39A to read as follows:
"CHAPTER 39A
43-39A-1. This chapter shall be known and may be cited as the 'Real Estate Appraiser Licensing and Certification Act.'
43-39A-2. As used in this chapter, the term: (1) 'Analysis' means a study of real estate or real property other than one estimat-
ing value. (2) 'Appraisal' or 'real estate appraisal' means an analysis, opinion, or conclusion
prepared by an appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis.
(3) 'Appraisal report' means any communication, written or oral, of an appraisal. For purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral appraisal report.
(4) 'Appraisal Subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended.
(5) 'Appraiser' means any person who is a registered real estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser.
(6) 'Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter.
(7) 'Certified appraisal' or 'certified appraisal report' means an appraisal or appraisal report given and signed and certified as such by a certified real estate appraiser. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter.
(8) 'Certified real estate appraiser' means a person who for a valuable consideration engages in real estate appraisal activity on any type of real estate or real property and who holds a current, valid certification issued under the provisions of this chapter.

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(9) 'Commission' means the Georgia Real Estate Commission created in Code Section 43-40-2.
(10) 'Commissioner' means the real estate commissioner. (11) 'Evaluation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property.
(12) 'Federally related transaction' means any real estate related financial transaction which (A) a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and (B) requires the services of an appraiser.
(13) 'Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property.
(14) 'Licensed real estate appraiser' means a person who for a valuable consideration engages in real estate appraisal activity on real estate or real property of one to four units and up to 12 units the value of which is less than $1 million when a net income capitalization analysis is not required by the terms of the assignment or on such real estate or real property as may be authorized by the Appraisal Subcommittee and who holds a current, valid license issued under the provisions of this chapter.
(15) 'Registered real estate appraiser' means a person who for a valuable consideration is authorized to engage in real estate appraisal activity only in transactions which are not federally related transactions as defined by the Appraisal Subcommittee and such federally related transactions as the Appraisal Subcommittee may approve and who holds a current, valid registration issued under the provisions of this chapter.
(16) 'Real estate' means an identified parcel or tract of land, including improvements, if any.
(17) 'Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report.
(18) 'Real estate related financial transaction' means any transaction involving:
(A) The sale, lease, purchase, or exchange of or investment in real estate or real property or the financing thereof;
(B) The refinancing of real estate or real property; and
(C) The use of real estate or real property as security for a loan or investment, including mortgage backed securities. (19) 'Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate.
(20) 'Specialized services' means services, other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling.
(21) 'State' includes any state, district, territory, possession, or province of the United States or Canada.
(22) 'Valuation' means an estimate of the value of real estate or real property. (23) 'Valuation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time.
43-39A-3. (a) There is created the Georgia Real Estate Appraisers Board, which
shall consist of five members. All members must be residents of Georgia. One member
shall be a public member. The public member of the board shall not be connected in
any way with the practice of real estate appraisal, real estate brokerage, or mortgage
lending. Four members shall be real estate appraisers who have been actively engaged
in the real estate appraisal business for at least three years. In appointing real estate

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appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers who do not hold an active, occupational license which authorizes their work in real estate brokerage or mortgage lending activities, who do not have a financial interest in any real estate brokerage firm or mortgage lending firm, and who are not employees of real estate brokerage firms or mortgage lending firms.
(b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate.
(c) Each real estate appraiser member of the board appointed after January 1, 1991, must be a certified real estate appraiser or a licensed real estate appraiser. Two of the appraiser members shall be certified real estate appraisers, and two shall be licensed real estate appraisers.
(d) The term of each member of the board shall be three years, except that, of the members first appointed, two shall serve for three years, two shall serve for two years,
and one shall serve for one year. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term.
(e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person shall serve
as a member of the board for more than two consecutive terms. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the
board for any of the following: (1) Inability to perform or neglecting to perform the duties required of members;
(2) Incompetence; or (3) Dishonest conduct. (f) The members of the board shall annually elect a chairperson from among the
members to preside at board meetings. (g) The board shall meet at least once each calendar quarter, or as often as is neces-
sary, and remain in session as long as the chairperson shall deem it necessary to give full consideration to the business before the board. A quorum of the board shall be three members. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend
interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of real estate appraisal
activity. (h) Each member of the board shall receive as compensation for each day actually
spent on his or her official duties at scheduled meetings and for time actually required
in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of official duties.
(i) The commission shall supply staff support for the board. The commissioner shall serve as executive officer of the board. The commissioner shall be charged with the
duties and powers as delegated by the board. 43-39A-4. The board is authorized to establish the amount of any fee which it is
authorized by this chapter to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged
and collected by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board.
43-39A-5. Any registration, license, or certification issued to an employee of the commission by the board shall be on inactive status during the time of the employee's
employment with the commission. Any such employee shall not be required to pay a fee to keep a registration, license, or certification on an inactive status. Such registration, license, or certification shall be taken off inactive status and returned to the employee
when that person's employment ends. 43-39A-6. The board shall adopt a seal, which may be either an engraved or ink
stamp seal, with the words 'Real Estate Appraiser Board, State of Georgia' and such

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other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification.
43-39A-7. Any person desiring to act as a registered, licensed, or certified real estate appraiser must file an application for a registration, license, or certification with the board. The application shall be in such form and detail as the board shall prescribe, setting forth the following:
(1) The name and address of the applicant and the name under which the applicant intends to conduct business;
(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3) Such other information as the board shall require.
43-39A-8. (a) (1) In order to qualify as a registered real estate appraiser, an applicant must:
(A) Make application therefor within two years of the effective date of this chapter;
(B) Have attained the age of 18 years;
(C) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;
(D) Be a high school graduate or the holder of a general educational develop-
ment equivalency diploma; and (E) Furnish evidence of completion of at least 75 in-class hours in a course or
courses of study approved by the board which must include coverage of standards
of professional practice. (2) Failure to meet any of the requirements provided in paragraph (1) of this sub-
section shall be grounds for denial of registration without a hearing. (b) (1) In order to qualify as a licensed real estate appraiser, an applicant must:
(A) Have attained the age of 18 years;
(B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;
(C) Be a high school graduate or the holder of a general educational development equivalency diploma;
(D) Furnish evidence that he or she has a college degree or has successfully completed not less than 75 in-class hours in a course or courses of study approved by
the board which must include coverage of standards of professional practice; (E) Demonstrate to the satisfaction of the board at least two years of experience
in real estate appraisal activity acquired within a period of five years immediately
preceding the filing of the application for licensing; and (F) After meeting the requirements of subparagraphs (D) and (E) of this para-
graph, stand for and pass an examination administered by or approved by the board covering generally the matters confronting licensed real estate appraisers.
(2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of license without a hearing.
(c) (1) In order to qualify as a certified real estate appraiser, an applicant must: (A) Have attained the age of 18 years;
(B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;
(C) Be a high school graduate or the holder of a general educational develop-
ment equivalency diploma; (D) Furnish evidence that he or she has a college degree or has successfully com-
pleted not less than 165 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice;
(E) Demonstrate to the satisfaction of the board at least two years of experience in real estate appraisal activity acquired within a period of five years immediately
preceding the filing of the application for certification; and

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(F) After meeting the requirements of subparagraphs (D) and (E) of this paragraph, stand for and pass an examination administered by or approved by the board covering generally matters confronting certified real estate appraisers.
(2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of certification without a hearing. (d) The board is authorized to waive or to modify any experience, examination, or education requirements established in this chapter for appraisers in order to bring those requirements into conformity with any such requirements established by the Appraisal Subcommittee. (e) As a prerequisite to renewal of a registration, license, or certification, an appraiser shall present evidence satisfactory to the board of having successfully completed or instructed, during the immediately preceding term of registration, licensure, or certification, a board approved continuing education course or courses of not less than ten hours of in-class instruction for each year of the renewal period for licensed real estate appraisers and certified real estate appraisers and 20 hours of in-class instruction for each year of the renewal period for registered real estate appraisers. No appraiser
whose registration, license, or certification has been placed on inactive status shall be allowed to reactivate a registration, license, or certification unless the provisions of this
subsection are met in addition to any other requirements of this chapter. (f) The board, through its rules and regulations, shall establish standards for offering
of all education courses required by this Code section.
(g) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the
following: (1) Appropriate knowledge of technical terms commonly used in or related to real
estate appraising and appraisal report writing and economic concepts applicable to
real estate and real property; (2) An understanding of the basic principles of land economics and the real estate
appraisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process;
(3) An understanding of the standards for the development and communication of
real estate appraisals as provided in this chapter; (4) An understanding of the ethical rules that an appraiser is required to observe;
(5) Appropriate knowledge of theories of depreciation cost estimating, methods of capitalization, and the mathematics of real estate appraisal;
(6) An understanding of basic real estate law; (7) An understanding of the types of misconduct for which disciplinary proceed-
ings may be initiated against an appraiser, as set forth in this chapter; and (8) An understanding of such other matters as may confront appraisers in real
estate appraisal activity. (h) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a registration, license, or certification or denial of
renewal of a registration, license, or certification without further hearing. No fees or portion of fees paid shall be refunded if an appraiser fails to meet the continuing education
provisions of this chapter. (i) Notwithstanding any other provision of this Code section, the board is authorized
to require additional hours of educational courses for applicants for licensure or certifi-
cation or of continuing education for licensed real estate appraisers or certified real estate appraisers, if the Appraisal Subcommittee adopts higher minimum hours for such licensed or certified appraisers, provided that the board requires at least those minimum
hours required by the Appraisal Subcommittee. 43-39A-9. (a) Every applicant for licensure or certification under this chapter who
is not a resident of Georgia shall submit, with the application for licensure or certification, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the real estate commissioner, if, in an action against the appli-
cant in a court of Georgia arising out of the applicant's activities as an appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the appli-
cant.

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(b) A nonresident of Georgia who has complied with the provisions of subsection (a) of this Code section may obtain a license or certification by conforming to all of the provisions of this chapter relating to the license or certification sought.
(c) If the federal government approves another state's certification laws for real estate appraisers, an applicant who is licensed or certified under the laws of such other state may obtain a similar license or certification as an appraiser in Georgia upon, at the time of filing an application:
(1) Meeting the requirements of subsection (a) of this Code section; (2) Paying any required fees;
(3) Causing the licensing body of the applicant's resident state, or any other state in which the applicant may be licensed or certified, to furnish to the board a certification of licensure or certification and copies of the records of any disciplinary actions taken against the applicant's license or certification in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license or certification to a nonresident or for suspension or revocation of the license or certification issued to a nonresident;
(4) Agreeing in writing to cooperate with any investigation initiated under this chapter by promptly supplying any documents any authorized investigator of the board may request and by personally appearing in the board's offices or other location
in Georgia as the board's investigator may request. If the board sends by certified mail to the last known business address of a nonresident appraiser a notice to produce doc-
uments or to appear for an interview with an authorized investigator or the board and the nonresident appraiser fails to comply with that request, the board may impose on the nonresident appraiser any disciplinary sanction permitted by this chapter; and
(5) Signing a statement that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all real estate appraisal activity
in Georgia. 43-39A-10. (a) The board shall prescribe the form of a wall certificate to denote
that an individual is a registered real estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser, as the case may be. The board shall mail the wall
certificate to the appraiser whose duty it shall be to display the wall certificate conspicuously in the appraiser's place of business. The board shall also prepare and deliver a pocket card indicating that the person whose name appears thereon is a registered real
estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser, as the case may be.
(b) A registration, license, or certification issued under authority of this chapter shall
bear a number assigned by the board. When signing an appraisal report, a registered real estate appraiser shall place his or her registration number adjacent to or immediately below his or her title of 'Registered Real Estate Appraiser.' When signing an appraisal report, a licensed real estate appraiser shall place his or her license number adjacent to
or immediately below his or her title of 'Licensed Real Estate Appraiser.' When signing an appraisal report, a certified real estate appraiser shall place his or her certificate
number adjacent to or immediately below the title of 'Certified Real Estate Appraiser.' Such registration, license, or certificate number shall also be used in all statements of qualification, contracts, or other instruments used by the appraiser when reference is
made to his or her registered, licensed, or certified status.
(c) Wall certificates and pocket cards shall remain the property of the board and, upon any suspension or revocation of a registration, license, or certification pursuant to
this chapter, the individual holding the related wall certificate or pocket card shall immediately return such wall certificate or pocket card to the board.
43-39A-11. (a) To pay its share of the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the board shall
establish reasonable fees in accordance with Code Section 43-39A-4 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter
which is paid to the board shall be refunded. Each appraiser shall be responsible for paying his or her own fees.
(b) If the board administers an examination, at the time an application for examination is submitted, the board shall collect from the applicant a fee for the examination

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and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits.
(c) Prior to the issuance of an original registration, license, or certification, each applicant shall pay an activation fee in advance as established by the board.
(d) All registrations, licenses, and certifications shall be renewed periodically as determined by the board in its rules and regulations, and the board shall charge a fee for any such registration, license, or certification renewed. The time for renewal of a registration, license, or certification and the number of years for which it may be renewed shall be in the discretion of the board. All fees shall be deposited into the state treasury for the expenses of the board. This Code section shall not obviate any other fees or conditions required to maintain such registration, license, or certification in accordance with this chapter. A registration, license, or certification not renewed in accordance with this subsection shall be lapsed.
(e) Applications and fees must be filed personally in the board's offices during regular business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service.
(f) Any appraiser whose registration, license, or certification lapses for failure to pay a renewal fee may reactivate that registration, license, or certification within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the registration, license, or certification was lapsed plus a reactivation fee. If any appraiser allows a registration, license, or certification to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the appraiser may have that registration, license, or certification reinstated by paying the total amount of all renewal fees and late charges which would have been due during the period when the registration, license, or certification was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the board may require. Any appraiser whose registration, license, or certification has lapsed for longer than ten years and who seeks to have that registration, license, or certification reinstated must requalify as an original applicant as set forth in Code Section 43-39A-8. The board may refuse to renew a registration, license, or certification if the appraiser has continued to perform real estate appraisal activities following the lapsing of that registration, license, or certification.
(g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue a registration, license, or certification by making a written request within 14 days of ceasing work that the registration, license, or certification be placed on inactive status. Any appraiser whose registration, license, or certification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate a registration, license, or certification held on inactive status, an appraiser must make application to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate a registration, license, or certification which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the appraiser's registration, license, or certification was placed on inactive status.
(h) Any appraiser who places a registration, license, or certification on inactive status shall be required to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the registration, license, or certification shall be lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the board of the new address, in writing, within 14 days.
(i) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of a registration, license, or certification or for imposing any sanction permitted by this chapter.
(j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school may

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reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee.
(k) A reasonable fee, not to exceed the renewal fee charged for a registration, license, or certification, may be imposed by the board on any applicant or appraiser who:
(1) Fails to notify the board in writing within 14 days of a change of address; or (2) Fails to respond within 14 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed with the board. (1) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338. 43-39A-12. Except as provided for in subsection (1) of Code Section 43-39A-11, all fees collected pursuant to this chapter shall be deposited by the board into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the board shall be paid from the funds received pursuant to this chapter. The expenses of the board and its support staff must always be kept within the income collected and deposited in accordance with this chapter; and the expenses thereof shall not be supported or paid from any other state fund or licensing authority. 43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of registrations, licenses, and certifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for registrations, licenses, and certifications consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals.
43-39A-14. (a) Registrations, licenses, or certifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board.
(b) Where an applicant for a registration, license, or certification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a registration, a license, or a certification. As used in this chapter, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this chapter, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Where an applicant for a registration, a license, or a certification has been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude and where such applicant was granted first offender treatment without adjudication of guilt pursuant to the charge, or pleaded nolo contendere to such charge, such sentencing in itself may be a sufficient ground for refusal of a registration, a license, or a certification. An applicant for a registration, a license, or a certification who has been convicted of any offense enumerated in this subsection may be registered, licensed, or certified by the board only if:
(1) At least five years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;
(2) No criminal charges are pending against the applicant; and
(3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.

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(c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or the state fair housing law by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a registration, a license, or a certification or the imposition of any sanction permitted by this chapter.
(d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the registration, license, or certification.
(e) Grounds for suspension or revocation of a registration, license, or certification, as provided for by this chapter, shall also be grounds for refusal to grant a registration, license, or certification.
(f) The conduct provided for in subsections (a) through (d) of this Code section which relates to the denial of a registration, a license, or a certification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser.
(g) If an appraiser: (1) Voluntarily surrenders a license or certification to the board;
(2) Allows a registration, license, or certification to lapse due to failure to meet education requirements provided by law; or
(3) Allows a registration, license, or certification to lapse due to failure to pay any required fees
after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter but before the board enters a final order in the matter,
then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds
for refusal of a new registration, license, or certification to such person. (h) Where an applicant for a registration, license, or certification has been sanctioned
by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a registration, license, or certification.
An applicant for a license or certification who has had a license or certification revoked
by any occupational licensing body of this state, any other state, or any foreign country may be licensed or certified by the board only if:
(1) At least five years have passed since the date that the applicant's occupational license or certification was revoked;
(2) No criminal charges are pending against the applicant at the time of application; and
(3) The applicant presents to the board satisfactory proof that the applicant now
bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests
of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that conviction. Such appraiser's registration, license, or certification shall automatically be revoked
60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held pursuant to
this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter.
43-39A-15. (a) If the board, after an application in proper form has been filed with
it, accompanied by the proper fee, shall refuse to accept the application, the board shall
provide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial
review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.' 43-39A-16. (a) If an appraiser changes a residence or place of business address, such
appraiser shall notify the board, in writing, within 14 days of such change.

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(b) Nothing contained in this chapter shall be deemed to prohibit an appraiser from engaging in the practice of real estate appraisal activity as a professional corporation in accordance with the provisions of Chapter 7 of Title 14, the 'Georgia Professional Corporation Act.'
43-39A-17. (a) After July 1, 1991, no person engaged in the business of real estate appraisal activity in Georgia or acting in the capacity of an appraiser in Georgia may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal activity for which a registration, a license, or a certification is required by this chapter without alleging and proving that such person was registered, licensed, or certified in Georgia at all times during the performance of such services.
(b) The board by and through the commissioner may bring an action for any violation of this chapter.
43-39A-18. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools; to revoke or suspend any registration, license, or certification issued under this chapter; to revoke or suspend approval of any school; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate whenever a license or certification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or an approved school has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any standard of conduct, including, but not limited to, the following acts or omissions:
(1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination;
(2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substantially another person;
(3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered;
(4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state;
(5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connection with an appraisal of real estate or real property;
(6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;
(7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency;
(8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board;
(9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
(10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal;
(11) Accepting an independent appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment;

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(12) Failure to retain for a period of five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation;
(13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board;
(14) Performing any appraisal beyond the scope of authority granted in the registration, license, or certification held;
(15) Demonstrating incompetency to act as an appraiser in such a manner as to safeguard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; or
(16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity. (b) In a disciplinary proceeding based upon a civil judgment, an appraiser shall be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment. (c) When an appraiser has previously been sanctioned by the board or by any other state's real estate appraiser licensing authority, the board may consider such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated any provision of this chapter or any of the rules and regulations of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individual's registration, license, or certification after opportunity for a hearing.
43-39A-19. (a) No person other than a certified real estate appraiser shall assume or use such title or any title, designation, or abbreviation likely to create the impression of certification as a real estate appraiser. A person who is not certified pursuant to this chapter shall not describe or refer to any appraisal report or any appraisal or other evaluation of real estate by the term 'certified.'
(b) Subsection (a) of this Code section shall not preclude a registered real estate appraiser or a licensed real estate appraiser from appraising real estate for compensation. However, any appraisal report prepared by a registered real estate appraiser or licensed real estate appraiser must, whenever appropriate, include a statement that the appraisal report may not be eligible for use in a federally related loan transaction.
(c) The term 'certified real estate appraiser' may only be used to refer to individuals who hold such certification and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the certification.
(d) No registration, license, or certification shall be issued under the provisions of this chapter to a corporation, partnership, firm, or group.
43-39A-20. (a) A client or employer may retain or employ an appraiser to act as a disinterested third party in rendering an unbiased valuation or analysis. A client or employer may also retain or employ an appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this chapter.
(b) For the purposes of this chapter, the term 'specialized services' as defined in Code Section 43-39A-2 means those appraisal services which do not fall within the definition of independent appraisal assignment. The term 'specialized services' may include valuation work and analysis work. Regardless of the intention of the client or employer,

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if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an independent appraisal assignment and not 'specialized services.'
(c) An appraiser may not accept a fee for an independent appraisal assignment that is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or is contingent upon the opinion, conclusion, analysis, or valuation reached or upon the consequences resulting from the independent appraisal assignment.
(d) An appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.
(e) If an appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in such report, in each letter of transmittal, and in the certification statement made by the appraiser in such report.
(f) Any appraiser who performs specialized services for which any other law requires licensure, certification, or registration must first obtain that licensure, certification, or
registration before undertaking any such specialized services. 43-39A-21. (a) Before the board shall impose on any appraiser any sanction permit-
ted by this chapter, it shall provide for a hearing for such appraiser in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(b) If any appraiser or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser or applicant
and take action as if such appraiser or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser or applicant by personal service or by certified mail,
return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is undeliverable and if the
appraiser or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser or applicant for the purposes
of this Code section, and service upon the real estate commissioner shall be deemed ser-
vice upon the appraiser or applicant. (c) Any person who has exhausted all administrative remedies available within this
chapter and who is aggrieved by a final decision in a contested case is entitled to judicial
review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-39A-22. (a) The board may, upon its own motion, and shall, upon the sworn
written request of any person, investigate the actions of any appraiser, applicant, or school approved by the board; provided, however, that, whenever a request for investiga-
tion involves an appraisal report which varies from a sales, lease, or exchange price by 10 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for licensure or certification, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter
which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter
occurred within three years of the initiation of the investigation. (b) Any person authorized to conduct an investigation on behalf of the board shall
have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the board.
(c) In the conduct of an authorized investigation, the chairperson of the board or the
commissioner may issue subpoenas to compel production of such writings, documents, or material on behalf of the board. After the service of a notice of hearing, the commis-
sioner or chairperson of the board may issue subpoenas to compel production of such writings, documents, or material, either on behalf of the board or at the request of a
respondent. The board or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Fail-
ure to comply with such an order shall be punishable as for contempt of court.

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(d) The results of all investigations shall be reported only to the board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of all members of the board, review by the respondent after the service of a notice of hearing, review by the board's legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent.
(e) Whenever the board revokes or suspends for more than 60 days a registration, a license, a certification, or a school approval or whenever an appraiser or an approved school surrenders a registration, a license, a certification, or an approval to the board after the board has filed a notice of hearing, the board shall publish the name of such
appraiser or approved school in its official newsletter. (f) The board shall have the authority to exclude all persons during the board's or
the staff of the board's: (1) Deliberations on disciplinary proceedings;
(2) Meetings with an appraiser or an applicant or the legal counsel of that appraiser or applicant in which the appraiser or applicant seeks to settle a contested
case as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
(3) Review of the results of investigations initiated under this Code section.
43-39A-23. Whenever, in the judgment of the board, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may maintain an action in the name of the state in the superior court of the county in which such violation occurred to abate and enjoin temporarily or perma-
nently such acts and practices and to enforce compliance with this chapter. The plaintiff
shall not be required to give any bond. 43-39A-24. (a) Except as provided in this Code section, on and after July 1, 1991,
it shall be unlawful for anyone to engage in real estate appraisal activity in this state without first obtaining a registration, license, or certification as provided in this chapter. Nothing in this chapter shall be construed to prohibit any person who is licensed to
practice in this state under any other law from engaging in the practice for which such person is licensed.
(b) This chapter shall not apply to: (1) Individuals: (A) Who do not render significant professional assistance in arriving at a real
estate appraisal analysis, opinion, or conclusion; or (B) Who assist an appraiser in the preparation of an appraisal report but do not
sign that report or make any representations regarding it to any third party; (2) A real estate licensee licensed in accordance with Chapter 40 of this title who, in the ordinary course of real estate brokerage business, gives an opinion to a potential
seller, purchaser, landlord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this
opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal and no opinion is rendered as to the value of the real estate or real prop-
erty; (3) A real estate licensee licensed in accordance with Chapter 40 of this title who,
in the normal course of listing and selling real estate and real property, prepares a
broker's price opinion or competitive market analysis, or both; provided, however, such broker's price opinion or competitive market analysis shall not be referred to as
an appraisal; (4) A registered forester registered pursuant to the provisions of Code Section
12-6-40 who appraises or evaluates standing or growing timber located in this state and issues a 'certified' appraisal or evaluation on such timber as permitted by Code
Section 12-6-40;

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(5) Any individual, partnership, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as officer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion of value on real estate or real property leased or to be acquired by such owner; or
(6) Any person who testifies to the value of real estate or real property in the courts of this state. 43-39A-25. (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of real estate appraisal activity defined in Code Section 43-39A-2, whether as a part of an appraisal or as an appraisal, shall be deemed an appraiser within the meaning of this chapter. The commission of a single such act by a person who is required to have a registration, license, or certification under this chapter but who is not so registered, licensed, or certified shall constitute a violation of this chapter. (b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an appraiser within this state without first obtaining a registration, license, or certification as provided in this chapter. (c) Notwithstanding any other provisions of law to the contrary, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of an appraiser without a license or certification. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the board. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation. (e) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board. (f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section. 43-39A-26. Any person acting as an appraiser within the meaning of this chapter without a registration, license, or certification and any person who violates any other provision of this chapter shall be guilty of a misdemeanor. 43-39A-27. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Appraisers Board shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. This Act shall become effective only upon the specific appropriation of funds by the General Assembly necessary to implement the requirements of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pinkston of the 100th moves to amend the committee substitute to SB 250 by striking from line 19 of page 36 the word "an" and inserting in lieu thereof the following:
"a broker's price opinion, competitive market analysis, or any other written or oral".
By striking from page 36 on lines 25 through 27 the following:

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"and no opinion is rendered as to the value of the real estate or real property".
By striking from page 36 lines 28 through 33 and from page 37 lines 1 and 2, which read as follows:
"(3) A real estate licensee licensed in accordance with Chapter 40 of this title who, in the normal course of listing and selling real estate and real property, prepares a broker's price opinion or competitive market analysis, or both; provided, however, such broker's price opinion or competitive market analysis shall not be referred to as an appraisal;".
By striking from line 3 of page 37 the following: "(4)",
and inserting in lieu thereof the following: "(3)".
By striking from line 9 of page 37 the following: "(5)",
and inserting in lieu thereof the following: "(4)".
By striking from line 17 of page 37 the following: "(6)",
and inserting in lieu thereof the following: "(5)".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:

HB 1381.

By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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HB 1173. By Representatives Lane of the 27th and Selman of the 32nd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.

The following Senate substitute was read:

A BILL
To amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System; to provide that said board shall be composed of seven individuals; to provide for the method of selection of such individuals and terms for the same; to redefine the status of the executive secretary and employees of the board; to provide for the supervision of the treasurer of such board; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, is further amended by striking therefrom Section 3 in its entirety and substituting in lieu thereof seven new sections which shall be known as Sections 3A, 3B, 3C, 3D, 3E, 3F, and 3G, to read as follows:
"Section 3A. There is established a School Pension Board whose duty shall be to administer the said pension and retirement fund. Said board shall consist of seven members, qualified and chosen as follows:
(1) Two members of the Fulton County Board of Education are to be chosen by the Fulton County Board of Education and to be known as Positions 1 and 2;
(2) One member who shall be an active teacher or employee of the board of education who is a member of the Teachers Retirement System of Georgia as well as a participant in this fund, to be known as Position 3. Such member shall be elected by active teachers and employees of the board of education who are members of the Teachers Retirement System of Georgia, as well as participants in this fund. The member of the pension board holding such position on the effective date of this section may continue to hold such position until April 30, 1992, provided such person remains otherwise qualified;
(3) One member who shall be an active employee of the board of education who is a participant in the fund and who is not a member of the Teachers Retirement System of Georgia, to be chosen by active employees of the board of education who are participants in the fund and who are not members of the Teachers Retirement System of Georgia and to be known as Position 4;
(4) One member selected by the other six members of the pension board, but in case of a tie vote by the other members of the pension board, the Fulton County legislative delegation who are qualified shall appoint such member to be known as Position 5. Such member, regardless of the manner in which he or she is selected, shall not be a current member of this fund or a current or former teacher or employee of said board of education or a member of the General Assembly but shall be a citizen of Fulton County with substantial prior experience in financial and investment matters; and
(5) Two members who shall be former teachers or employees of the board of education who shall be receiving a pension benefit from the fund, to be chosen by individuals receiving a pension from the fund and to be known as Positions 6 and 7.

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Section 3B. (a) Except as hereafter provided in this section, said members shall hold office for a term of four years and until their successors have been duly elected and qualified.
(b) Within 60 days following the effective date of this Act, new members of the board shall be elected for Position 4 with a term ending April 30, 1993; for Position 6 with a term ending April 30, 1994; and for Position 7 with a term ending April 30, 1992.
(c) Subject to the provisions of Section 3A of this Act, in the event of the death, resignation, or other disability of a pension board member which renders him or her incapable of performing the duties of a pension board member during his or her term of office, said member's replacement shall be selected in the manner specified in Section 3A of this Act for such position to serve the remaining balance of such term of office.
Section 3C. The said pension board shall elect its own chairperson and secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by it. The members of the said pension board shall serve without pay. The pension board may employ an executive secretary and other personnel who shall serve at the will of the pension board at salaries to be designated by said pension board. With the consent of the Fulton County Board of Education, such executive secretary shall be treated as an employee of the Fulton County Board of Education for benefits and tax reporting purposes.
Section 3D. The pension board shall have the authority to adopt rules and regulations in the administration of said pension fund in carrying out the provisions of this Act, to reconcile conflicts therein if any should exist, and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act; provided, however, that all such rules must be consistent with the terms and spirit of this Act.
Section 3E. The administrator of finance for the school system administered by said board of education is designated as treasurer and custodian of said pension fund and shall be subject to the direction of the pension board for the purpose of carrying out his or her duties under this Act. Whenever any pension has been granted by said pension board, a check shall be drawn on the pension fund, providing for the payment of the pension as the same matures, to be signed by the chairperson of said pension board and countersigned and paid by said treasurer.
Section 3F. Four members of said pension board shall constitute a quorum and notice by the secretary shall be given for special or called meetings of the pension board. The chairperson of said pension board shall give a bond with a good corporate surety in the sum of $5,000.00 for his or her faithful performance as chairperson of said pension board and said treasurer shall give a bond with a good corporate surety in the sum of $25,000.00 for the faithful performance as treasurer and custodian of said pension fund. The premiums on such bonds shall be an expense of such pension fund.
Section 3G. Except as otherwise provided in this Act, no member of the pension board or employee of the pension board shall have any personal interest in the gains or profits from any investment made by the pension board or use the assets of the pension fund in any manner, directly or indirectly, for himself or herself or as an agent, except to make such payments as are authorized by the pension board in accordance with this Act."
Section 2. This Act shall become effective on May 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Lane of the 27th moved that the House disagree to the Senate substitute to HB 1173.
The motion prevailed.
HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.

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The following Senate amendment was read:

Amend HB 738 by striking the colon where it appears at the end of line 13 on page 2.
By striking all matter appearing in lines 14 through 20 on page 2.
By inserting at the end of line 13 on page 2 the following:
"shall be consistent with maintaining the actuarial soundness of the retirement system in conformity with minimum funding requirements of Code Section 47-20-10."

Representative Cummings of the 17th moved that the House disagree to the Senate amendment to HB 738.
The motion prevailed.

HB 1208.

By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure.

The following Senate substitute was read:

A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the regulation and licensing of cashers of checks; to provide for definitions; to provide for the requirements for licensure; to provide for investigations of applicants for licensure; to provide for fees for licensure; to provide for rules and regulations; to provide for renewal, denial, suspension, and revocation of licenses; to provide for examinations and fees; to provide for posting of licenses; to provide for the maintenance of records by licensees; to provide for procedures for licensees; to prohibit certain conduct; to provide for penalties; to provide exceptions from licensure; to provide for registration of persons claiming to be exempt from licensure; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding between Article 4 and Article 5 a new Article 4A to read as follows:
"ARTICLE 4A
7-1-700. As used in this article, the term: (1) 'Licensed casher of checks' means any individual, partnership, association, or
corporation duly licensed by the Department of Banking and Finance to engage in business pursuant to the provisions of this article.
(2) 'Licensee' means a licensed casher of checks, drafts, or money orders. 7-1-701. (a) No person, partnership, association, or corporation shall engage in the business of cashing checks, drafts, or money orders for a consideration without first obtaining a license under this article. The term 'consideration' shall include any premium charged for the sale of goods in excess of the cash price of such goods. (b) Each application for a license shall be in writing and under oath to the department, in such form as the department may prescribe, and shall include the following:

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(1) The legal name, residence, and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof;
(2) The location where the initial registered office of the applicant will be located in this state;
(3) The complete address of any other locations at which the applicant proposes to engage in cashing checks; and
(4) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, or agents, (c) The application shall be filed together with an investigation and supervision fee established by regulation which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof. 7-1-702. (a) The department shall conduct an investigation of every applicant to determine the financial responsibility, experience, character, and general fitness of the applicant. If the department determines to its general satisfaction:
(1) That the applicant is financially responsible and appears to be able to conduct the business of cashing checks in an honest, fair, and efficient manner and with the confidence and trust of the community; and
(2) That the granting of such application will promote the convenience and advantage of the area in which the business is to be conducted,
the department shall issue the applicant a license to engage in the business of cashing checks.
(b) The department shall not issue such a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this article because of such conviction. The term 'substantial stockholder,' as used in this subsection, shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder.
(c) Such license shall be kept conspicuously posted in the place of business of the licensee. Such license shall not be transferable or assignable.
(d) A license issued pursuant to this article shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended, or revoked pursuant to this article.
7-1-703. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-683 with such modifications as the department may specify and as may be necessary. Such renewal application shall be filed on or after June 1 of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January 1. If a renewal application

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is filed with the department before July 1 of any year, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license. The annual license fee established by the department pursuant to this Code section for any licensee which cashes checks, drafts, or money orders incidental to the retail sale of goods and services shall not exceed $250.00.
7-1-704. (a) Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article.
(b) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-703, the department may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination.
7-1-705. (a) In every location licensed under this article, there shall be conspicuously posted and at all times displayed a notice stating the charges for cashing checks.
(b) Each licensee shall keep and use in its business such books, accounts, and records as the department may require to carry into effect the provisions of this article and the rules and regulations. Every licensee shall preserve such books, accounts, and records for at least two years.
(c) Before a licensee shall deposit with any bank a check, draft, or money order cashed by such licensee, the same must be endorsed with the actual name under which such licensee is doing business.
(d) (1) No licensee shall receive any check, draft, or money order with payment deferred pending collection. Payment shall be made immediately in cash for every check, draft, or money order accepted by the licensee.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, drafts may be accepted for collection with payment deferred where the licensee has posted a surety bond in the same manner as prescribed for check sales licensees under Code Section 7-1-683. The amount of the surety bond shall be $10,000.00 for each location operated by the licensee, but in no event in excess of $100,000.00 for all such locations.
(e) No licensee shall cash a check, draft, or money order made payable to a payee other than a natural person unless such licensee has previously obtained appropriate documentation from the executive entity of such payee clearly indicating the authority of the natural person or persons cashing the check, draft, or money order on behalf of the payee.
(f) No licensee shall indicate through advertising, signs, billhead, or otherwise that checks may be cashed without identification of the bearer of such check, and any person seeking to cash a check shall be required to submit such reasonable identification as shall be prescribed by the department; provided, however, the provisions of this subsection shall not prohibit a licensee from cashing a check simultaneously with the verification and establishment of the identity of the presenter by means other than the presentation of identification.
(g) Within five business days after being advised by the payor financial institution that a check, draft, or money order has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents the proceeds of illegal activity, the licensee shall notify the department and the district attorney for the judicial circuit in which the check was received. In the event a check, draft, or money order is returned to the licensee by the payor financial institution for any of the aforementioned reasons, the licensee may not release the check, draft, or money order without the consent of the district attorney or other investigating law enforcement authority.
7-1-706. (a) The department may suspend or revoke any licenses or license issued pursuant to this article if, after notice and a hearing:
(1) It shall find that the licensee:

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(A) Has committed any fraud, engaged in any dishonest activities, or made any misrepresentation;
(B) Has violated any provisions of the banking law or any regulation issued pursuant thereto, or has violated any other law in the course of its or his dealings as a licensed casher of checks;
(C) Has made a false statement in the application for such license or failed to give a true reply to a question in such application;
(D) Has demonstrated his or its incompetency or untrustworthiness to act as a licensed casher of checks; or
(E) Has charged check cashing fees, exclusive of direct costs of verification, in excess of 5 percent of the face value of the check or draft or in otherwise unconscionable amounts which do not adequately reflect:
(i) The level of risk associated with the cashing of checks of a particular class using ordinary prudence and commercially reasonable standards of identification and acceptance;
(ii) The cost of funds necessary to operate a check cashing business; and
(iii) The extraordinary costs for security safeguards associated with the business location of the licensee; provided, however, this subparagraph shall not limit the charge for cashing checks which are personal checks or money orders if such charge does not exceed 10 percent of the face value of the personal check or money order; or (2) It shall find that any ground or grounds exist which would require or warrant the refusal of an application for the issuance of the license if such an application were
then before it. (b) No licensee shall charge check-cashing fees in excess of $5.00 if such check or
draft is the payment of any kind of state public assistance or federal social security benefit payable to the bearer of such check or draft.
(c) No application for a license under this article shall be denied and no license
granted under this article shall be suspended or revoked unless the applicant or licensee is given a reasonable opportunity to be heard by the department. For this purpose, the
department shall give the applicant or licensee at least 20 days' written notice of the time and place of such hearing by registered or certified mail addressed to the principal place of business of such applicant or licensee. A copy of such notice of hearing shall
be mailed to any association of licensees registered with the department for the purpose of receiving such notices, and such association shall be permitted to participate in the hearing, either on behalf of the applicant or in opposition to the application. Any order of the department denying, suspending, or revoking a license shall state the grounds
upon which it is based and shall not be effective for 20 days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant or licensee.
(d) A decision of the department denying a license, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A
decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the
assets and business of a bank under Code Section 7-1-155. 7-1-707. Any person, partnership, association, or corporation and the several mem-
bers, officers, directors, agents, and employees thereof, who shall violate any of the pro-
visions of this article, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than one year or by a fine of not more than $500.00, or by
both such fine and imprisonment. 7-1-708. (a) This article shall not apply to any bank, trust company, credit union,
building and loan association, or savings and loan association which is chartered under the laws of this state or under federal law and domiciled in this state.
(b) The provisions of Code Sections 7-1-701, 7-1-702, 7-1-703, and 7-1-706 shall not
apply to persons, partnerships, associations, or corporations engaged in the business of
cashing checks, drafts, or money orders: (1) Incidental to the retail sale of goods or services for a consideration of not more
than $1.00 per check, draft, or money order; or

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(2) Where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks, drafts, or money orders does not exceed the lesser of $12,000.00 for each location at which checks are cashed or 5 percent of the total gross income from the retail sale of goods or services by such person, partnership, association, or corporation during its most recently completed fiscal year. In all other respects, such persons, partnerships, associations, or corporations shall be deemed to be licensees under this article. (c) Persons, partnerships, associations, or corporations claiming exemption under paragraph (2) of subsection (b) of this Code section shall register with the department on or before June 1 of each year certifying as to the basis for such exemption. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person, partnership, association, or corporation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Pinkston of the 100th moved that the House disagree to the Senate substitute to HB 1208.
The motion prevailed.

HB 1412.

By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.

The following Senate amendment was read:

Amend HB 1412 by inserting on line 3 on page 1, immediately following the words "so as", the following:
"to provide that primitive weapons may be used for hunting deer during the regular hunting season and during the archery season for deer;".
By striking lines 10 through 12 on page 1 and inserting in lieu thereof the following:
"hunting wildlife generally, is amended by striking paragraphs (1) and (3) of said Code section and substituting in lieu thereof new paragraphs (1) and (3) to read as follows:".
By inserting between lines 12 and 13 on page 1 the following:
"'(1) Longbows, cross bows and compound bows may be used for taking small game. LongbowSj and compound bows 2 and primitive weapons for hunting deer are permitted only during the regular hunting season and during the archery season for deer, provided that longbows have a minimum recognized pull of 40 pounds at 28 inches of draw. Arrows for hunting deer must be broadhead type, with a minimum width of seveneighths of an inch;'".

Representative Redding of the 50th moved that the House disagree to the Senate amendment to HB 1412.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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HB 1381. By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents.

Representative Kingston of the 125th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1381 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Kingston of the 125th, Birdsong of the 104th and Aaron of the 56th.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1634. By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th, Lawrence of the 49th, Richardson of the 52nd and others:
A bill to provide for the determination of the millage rate by the governing authorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County.

The following Senate amendment was read:

Amend HB 1634 by striking from line 24 of page 2 the following:
"On or before October 1, 1991",
and inserting in lieu thereof the following:
"Two weeks prior to the establishment of the millage rate for ad valorem tax purposes beginning in calendar year 1991".
By striking wherever it may appear the word "fiscal" and inserting in lieu thereof the word "calendar".

Representative Williams of the 48th moved that the House disagree to the Senate amendment to HB 1634.
The motion prevailed.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SR 116. By Senators Parker of the 15th, Scott of the 2nd and Deal of the 49th:
A resolution proposing an amendment to Article II, Section II, of the Constitution, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection.

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Representative Connell of the 87th moved that the House insist on its position in substituting SR 116.
The motion-prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 593. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, so as to change the provisions relating to the quorum necessary for the council to transact business.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 594. By Senator Brannon of the 51st:
A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the coroner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, so as to change the provisions relating to payment of the expense of embalming under certain circumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

Representative Adams of the 79th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military

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College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman; to provide for attendance by members at meetings of the board; to provide for payment of and reimbursement of expenses for members of the board; to provide for authority of the board; to provide for a fiscal year; to provide for an annual report; to provide for legislative intent applicable to the Georgia Military College; to provide that management of the college shall vest in the board of trustees; to provide that certain trust funds created prior to July 1, 1990, shall vest in the board of trustees; to provide that all property of the college shall vest in the board of trustees; to authorize the board of trustees to sell or otherwise dispose of property owned by the college under certain circumstances; to provide for the use of the proceeds of such disposition of property; to provide for the execution of deeds; to provide for a scholarship program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking in its entirety Article 9, relating to the Georgia Military college, and inserting in lieu thereof a new Article 9 to read as follows:
"ARTICLE 9 Part 1
20-3-540. As used in this article, the term: (1) 'Board of trustees' or 'board' means the Board of Trustees of the Georgia Mili-
tary College. (2) 'College' means the Georgia Military College.
20-3-541. There is created a public authority, a body corporate and politic, to be known as the Board of Trustees of the Georgia Military College, which shall be deemed an instrumentality of this state and a public corporation.
20-3-542. The board shall be composed of one member appointed by the Governor from each congressional district in the state, and two members appointed by the Governor from the state at large. The Governor shall not be a member of the board.
20-3-543. The initial members appointed from even-numbered congressional districts and one member appointed from the state at large shall take office on September 1, 1990, and shall serve three-year terms, and the initial members appointed from oddnumbered congressional districts and one member appointed from the state at large shall take office on September 1, 1990, and shall serve six-year terms. Thereafter, each appointed member shall serve a six-year term. It shall be the duty of the members of the board to attend the meetings of the board.
20-3-544. The board shall elect one of its members as chairman who shall serve for a two-year term.
20-3-545. Members of the board of trustees shall receive the sum provided by Code Section 45-7-21 for each day of actual attendance at meetings of the board or for each day of travel, within or outside the state, as a member of a committee of the board, which travel has been authorized by the chairman or by action of the board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile to and from the place of meeting or places of visits or inspections. No member shall be authorized to receive the sums, expenses, and costs provided by this Code section for more than 60 days per year. Such sums, expenses, and costs shall be paid from funds appropriated to or otherwise available to the board.
20-3-546. The board of trustees shall have the authority: (1) To make such reasonable rules and regulations as are necessary for the per-
formance of its duties; (2) To elect or appoint professors, educators, stewards, or any other officers neces-
sary for the Georgia Military College; to discontinue or remove them as the good of the college may require; and to fix their compensations;
(3) To determine the policy and shape the conduct of the college;

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(4) To receive donations, bequests, and contributions to the college; (5) To sign, execute, and deliver in the name of the college all bonds that may be required of the college or its officers or trustees; (6) To execute and deliver in the name of the college all contracts that may be needed or necessary; (7) To borrow money, execute and deliver the note of the college, and to secure the same; (8) To make purchases; (9) To erect buildings and equip them on lands belonging to the college, on land loaned or leased to the college, and on lands of the state heretofore or hereafter granted to or set apart for use of the college; (10) To administer scholarships, loans, and financial assistance programs as may become available; and (11) To exercise any power usually granted to such board, necessary to its usefulness, not inconsistent with the Constitution and laws of this state. 20-3-547. The fiscal year of the board of trustees and of the Georgia Military College is from July 1 in each year through June 30 in the following year. 20-3-548. The board of trustees shall submit to the Governor annual reports of its transactions, together with such information as is necessary to show the condition of the Georgia Military College and with such suggestions as it may deem conducive to the good of the college.
Part 2
20-3-560. It is the intention of the General Assembly that the Georgia Military College be a state-wide institution dedicated to providing a high-quality military education to the youth of this state, but not beyond the level of the second year of postsecondary study; provided, however, that the level of such educational programs shall be subject to the availability of funds appropriated by the General Assembly. The student enrollment of the college shall reflect as closely as possible the racial and demographic makeup of the state.
20-3-561. The government, control, and management of the Georgia Military College shall be vested in the Board of Trustees of the Georgia Military College. The Georgia Military College shall receive any designated funds appropriated by the General Assembly through the State Board of Regents.
20-3-562. Any trust fund or property, real, personal, or mixed, that may have been created prior to July 1, 1990, by will or otherwise, as a fund, gift, donation, or devise to any prior board of trustees of the college or to any executor or trustee to and for the benefit, use, or behoof of the college shall not lapse by virtue of any of the provisions of this article, but such trust shall remain valid and of full force and effect; and the beneficial interest under any such deed of gift, will, or other conveyance shall vest in the board of trustees as trustee to and for the use, benefit, and behoof of the college. In any case where provisions of any deed of gift, will or other conveyance referred to in this Code section require a trustee and no trustee shall in any contingency exist, the board shall be and become a substituted trustee to carry out the beneficial purposes of such gift, devise, or conveyance.
20-3-563. Title to all real, personal, and mixed property of whatever nature of the Georgia Military College is vested in the board of trustees, to be held by the board in trust for the benefit and use of the college.
20-3-564. All properties owned or held by the board of trustees pursuant to this article which have been declared to be the public property of the state may be sold, leased, or otherwise disposed of by the board, subject to the approval of the Governor, whenever the board may deem such sale, lease, or other disposition in the best interest of the college, if the board shall first determine that such property can no longer be advantageously used by the college; provided, however, that where any such property has been granted or conveyed to the college or the board for specified uses, such property shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purposes,

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which shall be in conformity with any use or trust declared in any such grant or conveyance.
20-3-565. In case of any sale, lease, or disposition of property under Code Section 20-3-564, the board of trustees, through its proper officers, and the Governor, on behalf of the state, shall execute and deliver such written evidence of title or of the creation of a leasehold interest as may be necessary.
20-3-566. The proceeds arising from any sale or lease of property under Code Section 20-3-564 shall be used for the support of the college or for the payment of any debts thereof as the board may determine.
20-3-567. (a) The board of trustees shall have the authority to grant to qualified students who are citizens and bona fide residents of this state such scholarships as available funds allow. The basis for those scholarships shall be financial need and student achievement, and the board of trustees shall establish rules and regulations governing the eligibility for and awarding of such scholarships; provided, however, that such scholarships shall be apportioned on an equal basis by congressional district.
(b) The funds necessary to provide for the program of scholarships authorized by this Code section shall come from funds appropriated or otherwise made available to the board of trustees for such purposes; provided, however, that nothing in this Code section shall be construed to require the General Assembly to appropriate any such funds."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 1608.

By Representatives Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 468. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chapter 7 of Title 31 on statutes which require competitive bidding.

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The following Committee substitute was read:

A BILL
To amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the authority's name; to change the short title of the article; to change the statement of purpose; to change the definition of certain terms; to define an additional term; to change the provisions relating to the creation of the authority; to change the provisions relating to the powers of the authority; to provide for legal representation by the Attorney General; to change the provisions relating to the effect of Article 10 of Chapter 7 of Title 31 on statutes which require competitive bidding; to change the provisions relating to the program of providing health equipment to providers of health facilities; to change the provisions relating to the issuance of bonds by the authority; to change the provisions relating to the authorization to secure bonds; to change the provisions relating to the restriction on the disposition of funds received by the authority; to change the provisions relating to the taxexempt status of the authority; to change the provisions relating to the submission of annual reports to the Governor and the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," is amended by striking in its entirety Code Section 31-7-190, relating to the short title of said article, and inserting in lieu thereof a new Code Section 31-7-190 to read as follows:
"31-7-190. This article shall be known and may be cited as the 'Hospital Equipment Financing Authority Act.'"
Section 2. Said article is further amended by striking in its entirety Code Section 31-7-191, relating to the statement of purpose of said article, and inserting in lieu thereof a new Code Section 31-7-191 to read as follows:
"31-7-191. The purpose of this article shall be to provide a mechanism through which hospitals may finance health equipment and facilities at lower than prevailing costs and to make this mechanism available to the largest number of hospitals feasible, including, but not limited to, those hospitals which serve disproportionately high numbers of indigent patients."
Section 3. Said article is further amended by striking in its entirety Code Section 31-7-192, relating to definitions, and inserting in lieu thereof a new Code Section 31-7-192 to read as follows:
"31-7-192. As used in this article, the term: (1) 'Authority' means the Hospital Equipment Financing Authority created by this
article and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article.
(2) 'Bond,' 'bonds,' or 'revenue bonds' means revenue bonds, refunding bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating provider or health facility or any other lawfully pledged security of a participating provider or health facility.
(3) 'Cost' as applied to a project or any portion thereof financed under this article includes:
(A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of health equipment a project;
(B) The cost of any property interest in health equipment a project, including an option to purchase a leasehold interest;

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(C) The cost of architectural, engineering, legal, trustee, underwriting, and related services; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of health equipment a project;
(D) The cost of financing charges, including premiums or prepayment penalties and interest accrued before the acquisition and installation or refinancing of such health equipment project for up to three years after such acquisition and installation or refinancing and costs related to health equipment a project for up to three years after such acquisition and installation or refinancing;
(E) The costs paid or incurred in connection with the financing of health equipment a project, including out-of-pocket expenses, the cost of any policy of insurance, the cost of printing, engraving, and reproduction services, and the cost of the initial or acceptance fee of any trustee or paying agent;
(F) The costs of the authority incurred in connection with providing health equipment a project, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing health equipment a project; and
(G) The costs paid or incurred for the administration of any program for the purchase or lease of or the making of loans for health equipment a project by the authority and any program for the sale or lease of or making of loans for health equipment a project to any participating provider. \4~7 Heflitri equipment mejins ftHy iixture or persons* property WIUCH is deter"
or tcflctung tu Oeorj^iftj i*etruiess of whether such property ts tR existence 4rt the time ef-; er is to be provided after the making ef; such finding.
4fr) (4) 'Health facility' means any nonprofit health care facility licensed by the department under Article 1 of this chapter as a hospital which is owned or operated by a participating provider and which is utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel.
{6} (5) 'Participating provider' means a nonprofit person, corporation, municipal corporation, or political subdivision^ or other nonprofit entity, public or private, which ewns or operates a nonprofit health facility which:
(A) Is a hospital authority or is affiliated with a hospital authority organized and existing under the provisions of Article 4 of this chapter, the 'Hospital Authorities Law'; or
(B) Owns or operates, directly or indirectly, or is affiliated with at least one nonprofit health facility which is licensed as a hospital by the department under Article !_ of this chapter and which contracts under this chapter with the authority for the financing or refinancing of, or the lease or other acquisition of, health equipment a project. (6) 'Project' means and includes the acquisition, construction, and equipping of a health facility."
Section 4. Said article is further amended by striking in its entirety Code Section 31-7-193, relating to the creation of the Hospital Equipment Financing Authority, and inserting in lieu thereof a new Code Section 31-7-193 to read as follows:
"31-7-193. (a) There is created, with such duties and powers as are set forth in this chapter, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an essential governmental function, to be known as the Hospital Equipment Financing Authority.
(b) The authority shall be governed by five members appointed by the Governor, including:
(1) At least one trustee, director, officer, or employee of a health facility or an association of health facilities;
(2) At least one person who has experience in the field of state and municipal finance either as a partner, officer, or employee of an investment banking firm which originates and purchases state and municipal securities or as an officer or employee

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of an insurance company or bank whose duties relate to the purchase of state and municipal securities as an investment and to the management and control of a state and municipal securities portfolio; and
(3) At least one person who has experience in the hospital building construction field or the hospital equipment field. (c) All members must be Georgia residents.
(d) Two of the members appointed in 1984 shall be appointed for a term expiring January 1, 1986; two shall be appointed for a term expiring January 1, 1988; and one shall be appointed for a term expiring January 1, 1990. Thereafter, each member shall be appointed for a six-year term. Vacancies in the membership of the authority shall be filled for the unexpired term by appointment by the Governor. Each member shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Members may be reappointed. Any member may be removed from office by the Governor for incompetency, neglect of duty, or malfeasance in office.
(e) The members shall elect a chairman, a vice chairman, and other officers. The members may not be compensated for their services but they shall be reimbursed for their actual and necessary expenses as determined by the authority.
(f) A majority of the members of the authority constitutes a quorum for the transac-
tion of business. The vote of at least a majority of the members present at any meeting at which a quorum is present and who are not disqualified from voting under subsection
(k) of this Code section is necessary for any action to be taken by the authority. No vacancy in the membership of the authority impairs the right of a quorum to exercise all rights and perform all duties of the authority.
(g) Meetings of the members of the authority shall be held at the call of the chairman or whenever any two members so request. The members shall meet at least once every year.
(h) The authority may contract with one or more entities or persons to provide an administrative staff and clerical services and to assist in the management of the routine
affairs of the authority, including the originating and processing of any applications from participating providers for the lease or purchase from the authority, or financing, reim-
bursing, or refinancing by the authority, of health equipment a project and to service the leases, installment purchase contracts, and loan agreements between the authority
and the participating providers. The administrative staff shall include an executive director who shall serve as the ex officio secretary of the authority. The executive direc-
tor may be an employee of any such entity. (i) The executive director shall attend the meetings of the members of the authority,
shall keep a record of the proceedings of the authority, and shall maintain all books,
documents, and papers filed with the authority, the minutes of the authority, and its official seal. He may cause copies to be made of all minutes and other records and docu-
ments of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If the executive director is unable to attend a meeting of the
members of the authority, the members of the authority shall designate a member of
the authority or another person to be responsible for carrying out the duties set out in this subsection and in subsection (h) of this Code section.
(j) (1) Notwithstanding any other law or judicial decision to the contrary, a member
of the authority does not violate any law, civil or criminal, if: (A) He is qualified under paragraph (1) of subsection (b) of this Code section
and he abstains from discussion, deliberation, action, and voting of the authority
with respect to any undertaking under this article in which the participating provider with which that person is affiliated has a pecuniary interest at the time
of such discussion, deliberation, action, or vote; (B) He is qualified under paragraph (2) of subsection (b) of this Code section
and he abstains from discussion, deliberation, action, and voting with the authority with respect to any sale, purchase, or ownership of bonds of the authority in which the investment banking firm, or insurance company, or bank of which the member
is a partner, shareholder, officer, or employee has a pecuniary interest at the time
of such discussion, deliberation, action, or vote;

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(C) He is qualified under paragraph (3) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to the installation or acquisition of any health equipment a project of the authority in which any partnership, firm, joint venture, sole proprietorship, or corporation of which such person is an owner, venturer, participant, partner, shareholder, officer, or employee has a pecuniary interest at the time of such discussion, deliberation, action, or vote; or
(D) Any member or employee of the authority: (i) Who has, or, to his knowledge, may have, or later may acquire a direct
or indirect pecuniary interest in any transaction with the authority; or (ii) Who is an officer, member, director, or employee of or has an ownership
interest in any firm or corporation interested directly or indirectly in any transaction with the authority immediately discloses the nature and extent of the interest in writing to the authority as soon as he has knowledge of the interest. This disclosure shall be entered upon the minutes of the authority. Upon this disclosure, the member or employee may not participate in any action by the authority authorizing such transaction. (2) Notwithstanding any provisions of this Code section or any other law, a contract or transaction may not be considered void or voidable because of the presence of an interest described in this Code section if the provisions of this Code section have been satisfied. (k) Notwithstanding the provisions of any other law, an officer or employee of the state may not be required to vacate his office or employment solely because he is a member of the authority or has provided services to the authority. (1) Before the issuance of any bonds under this article, the executive director of the authority shall execute a surety bond in the penal sum of $50,000.00. If the executive director of the authority is already covered by a bond required by state law, the executive director need not obtain another bond if the bond required by state law is in at least the penal sum specified in this Code section and covers the executive director's activities for the authority. In lieu of this bond, the chairman of the authority may execute a blanket surety bond covering each member, the executive director, and the employees, agents, or other officers of the authority. At all times after the issuance of any surety bonds, these surety bonds shall be maintained in full force and effect. All costs of the surety bonds shall be borne by the authority."
Section 5. Said article is further amended by striking in its entirety Code Section 31-7-194, relating to the powers of the authority, and inserting in lieu thereof a new Code Section 31-7-194 to read as follows:
"31-7-194. (a) The authority has all powers necessary to carry out and effectuate its public and corporate purposes, including but not limited to the following:
(1) To have perpetual succession as a public body corporate and politic and an independent public instrumentality exercising essential public functions;
(2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs, to carry into effect the powers and purposes of the authority1 and to conduct its business;
(3) To sue and be sued in its own name; (4) To have an official seal; (5) To maintain an office in Georgia; (6) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article; (7) To employ architects, engineers, independent legal counsel, inspectors, accountants, and health care and financial experts, and such other advisers, consultants, and agents as may be necessary in its judgment without the approval of or consent by any other state official and to fix their compensation; (8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable, including the power to pay premiums on any such insurance;

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(9) To procure insurance or guarantees from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment:
(A) On a loan, lease, or purchase payment owed by a participating provider to the authority; and
(B) Of any bonds issued by the authority, including the power to pay premiums on any such insurance or guarantee; (10) To procure letters of credit or other credit facilities or agreements from any national or state banking association or other entity authorized to issue a letter of credit or other credit facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any loan, lease, or purchase payment owed by a participating provider to the authority, including the power to pay the cost of obtaining such letter of credit or other credit facilities or agreements; (11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with this article; (12) To provide, or cause to be provided by a participating provider, by acquisition, construction, lease, fabrication, repair, restoration, reconditioning, refinancing, or installation of health equipment a project to be located within a health facility in Georgia; (13) To lease as lessor any item ef health equipment a project for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (14) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item ef health equipment a project for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (15) To make contracts and incur liabilities, borrow money at such rates of interest as the authority determines, issue its bonds in accordance with this article, and secure any of its bonds or obligations by a mortgage or pledge of all or any of its property, franchises, and income or as otherwise provided in this article; (16) To make secured or unsecured loans for the purpose of providing temporary or permanent financing or refinancing for the cost of any item ef health equipment a project, including the retiring of any outstanding obligations issued by a participating provider^ and the reimbursement to a participating provider for the cost of any health equipment purchased within ene year prior te April fr, 1084, e* a project incurred in anticipation of procuring such financing or refinancing from the authority or other sources, and to charge and collect interest on such loans for such loan payments and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article;
(17) To invest and reinvest its funds and to take and hold property as security for the investment of such funds as provided in this article;
(18) To purchase, receive, lease (as lessee or lessor), or otherwise acquire, own, hold, improve, use, or otherwise deal in and with health equipment a project, or any interest therein, wherever situated;
(19) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets;
(20) To the extent permitted under its contract with the holders of bonds of the authority, to consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest or any other terms of any contract, loan, loan note, loan note commitment, lease, or agreement of any kind to which the authority is a party;
(21) To charge to and apportion among participating providers its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article;

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2271

(22) Except as otherwise provided in a trust agreement or bond resolution securing bonds of the authority, to invest any funds held in reserve; in such indebtedness or obligations designed by the authority for investments of its funds held under this arti-
cle; (23) To collect fees and charges, as the authority determines to be reasonable, in
connection with its loans, leases, sales, advances, insurance, commitments, and servicing;
(24) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency;
(25) To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority; and
(26) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following:
(A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state;
(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;
(C) Obligations of agencies of the United States government issued by the Federal Land Bank, th Federal Home Loan Bank, Federal Intermediate Credit Bank,
and or Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or munici-
pality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;
(E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank located within the state; of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;
(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or
(iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million

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or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interestbearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys. (b) No part of the revenues or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or implementation of the public purposes of this article inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority pass to and are vested in the state, subject to the rights of lienholders and other creditors. (c) The Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 and 45-15-16 shall be fully applicable."
Section 6. Said article is further amended by striking in its entirety Code Section 31-7-195, relating to the effect of this article on statutes which require competitive bidding, and inserting in lieu thereof a new Code Section 31-7-195 to read as follows:
"31-7-195. Health equipment A project financed under this article is not subject to any statutory requirement of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this article; however, if the prospective lessee or purchaser requests in writing, the authority shall call for bids in a manner determined by the authority with the approval of such lessee or purchaser."
Section 7. Said article is further amended by striking in its entirety Code Section 31-7-196, relating to the program of providing health equipment to providers of health facilities, and inserting in lieu thereof a new Code Section 31-7-196 to read as follows:
"31-7-196. (a) The authority may initiate a program of providing health equipment projects to be operated by participating providers in health facilities in Georgia. In furtherance of this objective, the authority may also:
(1) Establish eligibility standards for participating providers, provided that such standards shall encourage maximum feasible participation for participating providers serving disproportionately high numbers of indigent patients;
(2) Contract with any entity securing the payment of bonds under paragraphs (9) and (10) of subsection (a) of Code Section 31-7-194, authorizing the entity to approve the participating providers that can finance or refinance health equipment a project with proceeds from the bond issue secured by that entity;
(3) Lease to a participating provider specific items ef health equipment projects upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the failure of the lessee to comply with any of its obligations under the lease or otherwise as the lease provides, and include in any such lease provisions that the lessee has the options to renew the term of the lease for such periods and at such rents as may be determined by the authority or to purchase any or all of the health equipment projects to which the lease applies;
(4) Loan to a participating provider under any installment purchase contract or loan agreement money to finance, reimburse, or refinance the cost of specific items ef health equipment projects and take back a secured or unsecured promissory note evidencing such a loan and a security interest in the health equipment project financed or refinanced with such loan, upon such terms and conditions as the authority considers proper;
(5) Sell or otherwise dispose of any unneeded or obsolete health equipment projects under terms and conditions as determined by the authority;
(6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved any health equipment a project owned by the authority;

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(7) Obtain or aid in obtaining property insurance on all health equipment projects owned or financed or accept payment if any health equipment a project is damaged or destroyed; and
(8) Enter into any agreement, contract, or other instrument with respect to any insurance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by paragraph subsection (a) of this Code section, the authority may:
(1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, be guaranteed by a loan guarantor, or be secured by a letter of credit; and
(2) Require any other type of security from the participating providers that it considers reasonable and necessary. (c) The authority may not finance health equipment a project for any participating provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need, or comparable certification of approval, to the participating provider for the health equipment project to be financed by the authority if the acquisition of such health equipment project by the participating provider would require a certificate of need, or comparable certification of approval, under Chapter 6 of this title."
Section 8. Said article is further amended by striking in their entirety subsections (a), (b), (g), and (i) of Code Section 31-7-197, relating to the issuance of bonds by the authority, and inserting in lieu thereof new subsections (a), (b), (g), and (i) to read as follows:
"(a) The authority may issue, sell, and deliver its bonds, in accordance with this article, for the purpose of paying for or making loans to participating providers for the financing, reimbursing, or refinancing of all or any part of the cost of health equipment a project, to finance the acquisition of health equipment a project for lease or sale to participating providers, and any other purposes authorized by this article.
(b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates, mature at such time or times, not exceeding ten 40 years from their respective dates of issue, bear interest at such fixed or variable rates without regard to any limitations contained in any other
Crates witnin d scries, {)e8r interest &t one OF more v9.riQDle OF fixed rstes with in & series ind rosy i&e converted irom sucri v&nsoie rste OF rfltes to ~ft tixed r&te or rstes, OF fftsy
be payable at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration and conversion privileges, have such rank or priority, be payable in lawful money of the United States at such places, within or outside this state, and be subject to such terms of redemption as such bond resolution may provide."
"(g) The authority may provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered advisable by the authority, for the additional purpose of paying all or any part of the cost of health equipment a project."
"(i) The proceeds of the bonds, other than refunding bonds, of each issue shall be used for the payment of all or part of the cost of, or for the making of a loan in the amount of all or part of the cost of, the health equipment a project for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of money from the proceeds of the sale and delivery of its bonds issued in accordance with this chapter, all of the authority's out-of-pocket expenses and costs in connection with the issuance, sale, and delivery of such bonds, and the costs of obtaining insurance, guarantees, and letters of credit securing payment of the bonds and the lease and the

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loan and installment purchase payments, plus an amount equal to the compensation paid to any employees of the authority for the time those employees have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be disbursed in the manner and under the restrictions determined by the authority."
Section 9. Said article is further amended by striking in its entirety subsection (b) of Code Section 31-7-198, relating to the authorization to secure bonds, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) Any bond resolution or related trust indenture, indenture of mortgage, or deed of trust may contain provisions, which must be a part of the contract with the holders of the bonds to be authorized, as to:
(A) Pledging or assigning the revenues generated by the health equipment, project and pledging or assigning the notes and mortgage, lease, or other security given by the participating providers whose health equipment project has been financed with the proceeds of such bonds or other specified revenues or property of the authority;
(B) The rentals, fees, interest, and other amounts to be charged by the authority, the schedule of principal payments, aftd the sums to be raised in each year thereby, and the use, investment, and disposition of such sums;
(C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof;
(D) Limitations on the use of the health equipment project; (E) Limitations on the purpose to which or the investments in which the proceeds of sale of any issue of bonds then or thereafter may be applied; (F) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (G) The refunding of outstanding bonds; (H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds; (I) Acts or omissions that constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and (J) Any other matters relating to the bonds that the authority considers desirable. (2) Bonds of the authority may also be secured by and payable from a pooling of leases or of notes and mortgages or other security instruments whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of health equipment projects with two or more participating providers, as lessees, or assign its rights as payee or secured party and pledge the revenues under two or more notes and loan agreements from two or more participating providers upon such terms as may be provided for in bond resolutions or other instruments under which such bonds are issued."
Section 10. Said article is further amended by striking in its entirety Code Section 31-7-201, relating to exemption from taxation with respect to the authority, and inserting in lieu thereof a new Code Section 31-7-201 to read as follows:
"31-7-201. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the health equipment projects

MONDAY, MARCH 5, 1990

2275

acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or otherwise, pertaining to such health equipment projects or upon other income received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption provided in this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority, except that the authority shall be entitled to such exemption with respect to property for any particular project as is available to the participating provider pursuant to Article 1 of Chapter 8 of Title 48."
Section 11. Said article is further amended by striking in its entirety Code Section 31-7-206, relating to the requirement of submission of annual reports to the Governor and General Assembly, and inserting in lieu thereof a new Code Section 31-7-206 to read as follows:
"31-7-206. Not later than the last day of January of each year, the authority shall submit an annual report of its activities for the preceding fiscal year to the Governor and the General Assembly. Each member of the General Assembly who requests a copy of the report from the chairman of the authority shall be sent a copy. Each report shall contain the name and address of the authority and a complete operating and financial statement for the authority during the fiscal year it covers. Furthermore, each report shall contain a statement with respect to all bonds which the authority issued during the immediately preceding calendar year, and such statement shall contain with respect to each such issue of bonds:
(1) A copy of the resolution or other action authorizing the bonds; (2) The identity of any public or private entity which will have any actual or potential liability for the payment of any part of the principal of or interest on such bonds; (3) A statement identifying the location and nature of all health equipment projects which has have been financed with any part of the proceeds of such bonds; (4) The identity of each participating provider which will make use of any part of such health equipment projects; and (5) The amount, term, and interest rate of such bonds."
Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 13. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Richardson of the 52nd moves to amend the committee substitute to SB 468 by adding between line 8 and 9 of page 5 the following:
"(4.1) 'Nonprofit' means exempt from federal taxation pursuant to Section 501 (c) (3) of the Internal Revenue Code.".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams

Y -Aiken Y Alford
Alien

Y Athon Y Atkins
Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

2276
Y Barnett,M Y Bates
Beck Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Buford YByrd Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings.B
Cummings,M

JOURNAL OF THE HOUSE,

Y Davis.C
Y Davis.G Y Davis,M
Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin
Y Groover Hamilton
Y Manner Y Harris Y Hasty
Heard
Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren

Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore
Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B McKinney,C Y Meadows Milam Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield Y Smith,L Y Smith,P Y Smith.T

Y Smith,W YSmyre YSnow
Y Stancil,F Y StanciLS Y Stanley
Steele Y Stephens
Streat YTeper
Thomas.C Y Thomas,M
Thompson Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder YWilliams,B Y Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as'amended, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Buford of the 103rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to mechanical malfunction, the vote of Representative Lee of the 72nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 634. By Representatives Stanley of the 33rd, Dover of the llth, Lucas of the 102nd, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd and others

A RESOLUTION
Creating the House Older Georgians' Transportation Study Committee; and for other purposes.
WHEREAS, the population of this state is rapidly aging, resulting in an increase in the number of older citizens in frail health; and
WHEREAS, those older citizens require transportation to meet their medical, emergency, shopping, and social needs; and
WHEREAS, older Georgians are distributed over 159 counties having differing transportation needs and capabilities; and
WHEREAS, transportation has been identified as the primary concern of the elderly throughout this state.

MONDAY, MARCH 5, 1990

2277

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Older Georgians' Transportation Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 1, 1990.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 120, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 642. By Senator Starr of the 44th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, so as to provide that driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be a felony.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1761.

By Representative Green of the 106th:
A bill to amend an Act creating the Board of County Commissioners of Hancock County, so as to change provisions relating to the compensation and allowances of the chairperson and members of the board.

The following Senate substitute was read:

A BILL
To amend an Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act

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approved March 22, 1989 (Ga. L. 1989, p. 4111), so as to change provisions relating to the compensation and allowances of the chairperson and members of the board; to provide for per diem payments for members of the board other than the chairperson; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4111), is amended by striking subsection (c) of Section VIII and inserting in its place a new subsection to read as follows:
"(c) (1) Beginning in calendar year 1989 and continuing each year thereafter, the chairperson of the board shall receive as annual compensation for that year an amount of $16,000.00 if that year is within the chairperson's first term of office or an amount of $20,000.00 if that year is within the chairperson's second or subsequent term of office. Such compensation shall be paid in equal monthly installments.
(2) Beginning in calendar year 1989 and continuing each year thereafter, each member of the commission, other than the chairperson, shall receive as annual compensation for that year an amount of $3,000.00 if that year is within that member's first term of office or an amount of $4,000.00 if that year is within that member's second or subsequent term of office. Such compensation shall be paid in equal monthly installments.
(3) In addition to the amounts provided for in paragraphs (1) and (2) of this subsection, each member of the commission, except for the chairperson, shall receive a per diem allowance of $50.00 for each day on which the board conducts official business, but they shall not receive the same for more than two days in any calendar month.
(4) In addition to the amounts provided for in paragraphs (1), (2), and (3) of this subsection, the chairperson and the other members of the board shall each receive an expense allowance of $300.00 per year, except that such expense allowance shall not be payable to the chairperson on and after the date the chairperson's annual compensation first becomes $20,000.00. The annual compensation, per diem, and expense allowance provided for in this subsection shall be paid in equal monthly installments from the funds of Hancock County."
Section 2. This Act shall become effective July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Green of the 106th moved that the House agree to the Senate substitute to HB 1761.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House and Senate were taken up for consideration and
read the third time:

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

The following Committee substitute was read and adopted:

MONDAY, MARCH 5, 1990

2279

A BILL
To amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to delete certain provisions relative to experience rating by multiple employer welfare arrangements; to define certain terms; to provide standards and requirements for the rating of small groups under group life insurance and group accident and sickness insurance; to provide exceptions; to provide for notices of premium increases to be mailed or delivered to the group policyholder; to amend Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance policies, so as to require the offering of deductibles as a means of reducing premiums for such policies; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, is amended by striking paragraph (8) of Code Section 33-27-1, relating to group requirements in general, in its entirety and inserting in its place a new paragraph (8) to read as follows:
"(8) MULTIPLE EMPLOYER WELFARE ARRANGEMENTS. (A) The lives of a group of individuals may be insured under a policy issued to a legal entity providing a multiple employer welfare arrangement. As used in this paragraph, the term 'multiple employer welfare arrangement' means any employee benefit plan which is established or maintained for the purpose of offering or providing life insurance benefits to the employees of two or more employers, including self-employed individuals and their dependents. The term does not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement.
\D,) l lie experience produced oy tins type group must -oe lully pooled tor rstinff purposes^ i lie cizunis experlencG produced oy individual suDjjroups within tne jjroup shall net be used m any manner for rating purposes er s a reason for termination
Or d SU DfjrOUp.
{ } (B) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee."
Section 2. Said Chapter 27 is further amended by adding two new Code sections, to be designated Code Section 33-27-8 and Code Section 33-27-9, to read as follows:
"33-27-8. (a) As used in this Code section, the term 'small group' means a group or subgroup of 50 or fewer employees, members, or enrollees.
(b) The claims experience produced by small groups covered under group life insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of an insurer shall not be used in any manner for rating purposes or solely as a reason for termination of any individual small group.
(c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group life insurance. The pool shall include the experience generated under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, for sole proprietors, employers, or both.
(d) Notwithstanding subsection (b) of this Code section, age, sex, area, industry, occupational, and avocational factors may be considered in the initial and renewal rating

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of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied to each employee, member, or enrollee and to each dependent member of the small group in the initial underwriting of a new or replacement group or when the member or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Notwithstanding subsection (b) of this Code section, the total premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 25 percent based upon individual small group experience factors. The direct premium result of select or substandard underwriting practices shall not be considered a deviation from the pool rate.
(e) If standard or substandard rating cannot be offered to any individual according to recognized underwriting practices, coverage may be declined if the balance of the small group is accepted.
(f) This Code section shall not apply to: (1) Policies issued to an employer in another state which provides coverage for
employees of this state employed by such employer policyholder; (2) Policies issued to true association groups, which shall be defined as an associa-
tion of governmental or public employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession; or
(3) A policy negotiated in connection with a collective bargaining agreement. 33-27-9. Notice of the maximum amount of a group premium increase shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the group policy not less than 60 days prior to the effective date of the premium increase."
Section 3. Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to requirements of individual accident and sickness policies, is amended by striking subsections (b) and (c) and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows:
"(b) Individual major medical policies, including franchise and conversion policies, shall make available to each applicant for such coverage optional cash deductible amounts up to at least $5,000.00. No such policy shall contain any provision in which the length of the cash deductible accumulation period is not reasonable in relation to the amount of the cash deductibles. An insurer may offer higher optional deductibles to existing policyholders as a means of reducing the cost of such policies or to offset premium increases.
fb) (c) This Code section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation.
(e) (d) This Code section shall not be construed so as to impair the obligation of any contract in existence prior to January 1, 1979."
Section 4. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by striking paragraph (6) of Code Section 33-30-1, relating to the definition of group accident and sickness insurance, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) (A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, and their dependents. The term does not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement.
experience produced oy tins type group must DC tuny pooled ror rating The claims experience produced by individual subgroups within tfee group snail not DC used tu any manner ior rating purposes or as ft reason tor termination

MONDAY, MARCH 5, 1990

2281

f ) (B) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee."
Section 5. Said Chapter 30 is further amended by adding two new Code sections, to be designated Code Section 33-30-28 and Code Section 33-30-29, to read as follows:
"33-30-28. (a) As used in this Code section, the term 'small group' means a group or subgroup of 50 or fewer employees, members, or enrollees.
(b) The claims experience produced by small groups covered under accident and sickness insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of each insurer shall not be used in any manner for rating purposes or solely as a reason for termination of any individual group.
(c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, for sole proprietors, employers, or both.
(d) Notwithstanding the requirements of subsection (b) of this Code section, age, sex, area, industry, occupational, and avocational factors may be considered in the initial and renewal rating of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied to each employee, member, or enrollee and to each dependent member of the small group in the initial underwriting of a new or replacement group or when the member or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Notwithstanding subsection (b) of this Code section, the total premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 25 percent based upon individual small group experience factors. The direct premium result of select or substandard underwriting practices shall not be considered a deviation from the pool rate.
(e) (1) If, according to recognized underwriting practices, a member or eligible dependent cannot be issued coverage at standard or substandard rates, then coverage may be issued with a waiver for a named impairment or impairments.
(2) If, according to recognized underwriting practices, a waiver may not be offered, coverage may be declined if the balance of the small group is accepted. (f) This Code section shall not apply to:
(1) Policies issued to an employer in another state which provides coverage for employees of this state employed by such employer policyholder;
(2) Policies issued to true association groups, which shall be defined as an association of governmental or public employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession;
(3) A policy negotiated in connection with a collective bargaining agreement; or (4) Limited accident and sickness insurance policies such as hospital indemnity policies, specified disease policies, limited accident policies, or similar limited policies. 33-30-29. Notice of the maximum amount of a group premium increase shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the group policy not less than 60 days prior to the effective date of the premium increase."

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Section 6. This Act shall become effective on October 1, 1990, and shall be applicable to all contracts or policies of insurance issued or renewed on or after such date.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 568. By Representative Alien of the 127th

A RESOLUTION
Creating the House Movie Industry Study Committee; and for other purposes.
WHEREAS, several movies have been made in Georgia and the economic activity generated thereby has been very beneficial to our state; and
WHEREAS, a House Movie Industry Study Committee was created by House Resolution 14 in the 1989 session and it has been determined that further study is needed; and
WHEREAS, further study should be made to determine those steps that should be taken to encourage the use of Georgia as a location for making movies.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Movie Industry Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House. The committee shall make a further study of those factors that make Georgia a desirable location for making movies and shall determine those steps that should be taken by state agencies and other public and private organizations to encourage the use of Georgia as a location for making movies.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances authorized by law for members of legislative interim committees for carrying out their duties as members of the committee. Each member of the committee shall be authorized to meet for not more than three days to carry out the purposes of this resolution unless additional days are authorized by the Speaker of the House.
BE IT FURTHER RESOLVED that the committee may conduct such meetings at such times and places as it may deem necessary or convenient to accomplish its objectives and carry out the purposes of this resolution. The funds required to carry out the purposes of this resolution shall come from funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1990, on which date the committee shall be abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, MARCH 5, 1990
Mr. Speaker and Members of the House:

MONDAY, MARCH 5, 1990

2283

SB 630 Domestic Relations; Children's Interest; Parents Attend Seminar
was erroneously listed on the House Calendar this day. Please correct this calendar by removing it therefrom.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

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AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

The following Resolutions of the House were read and adopted:

HR 1022.

By Representatives Parham of the 105th, Lord of the 107th and Groover of the 99th:
A resolution expressing regret at the passing of Honorable Calvin "Mack" Simpson.

HR 1023. By Representatives Kingston of the 125th, Isakson of the 21st, Johnson of the 123rd, Alien of the 127th, Hamilton of the 124th and others:
A resolution expressing regret at the passing of Hans Kurt Mueller.

HR 1024. By Representatives Kingston of the 125th, Dixon of the 128th, Pannell of the 122nd, Isakson of the 21st and Mueller of the 126th:
A resolution expressing regret at the passing of Dr. William Henry Vaughn.

HR 1025. By Representative Dunn of the 73rd:
A resolution congratulating S. Alan Schlact and Josey H. Schlact on the birth of their son, Jonathan Hilton Schlact.

HR 1026. By Representative Dunn of the 73rd: A resolution congratulating Mr. and Mrs. Robert Herman Whitaker.

HR 1027. By Representative Dunn of the 73rd:
A resolution congratulating Debra R. Shuping and Shelton Andrew Shuping, Jr., on the birth of their daughter, Valerie Shelton Shuping.

HR 1028. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Jamieson of the llth:
A resolution honoring Mrs. Irene Berry.

HR 1029. By Representative Mobley of the 64th: A resolution commending Mr. Roy Rice.

HR 1030. By Representative Greene of the 130th: A resolution commending Conservation Sergeant Leonard Stuart.

HR 1031. By Representative Greene of the 130th: A resolution commending the New Hope Baptist Church.

HR 1032. By Representatives Colwell of the 4th, Dixon of the 128th, Twiggs of the 4th, Dover of the llth, Jackson of the 9th and others:
A resolution commending Alexis Leras.

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2285

HR 1033. By Representatives Stephens of the 68th, Thurmond of the 67th, Randall of the 101st, Carrell of the 65th, Mobley of the 64th and others:
A resolution expressing condolences at the passing of Mr. Quinton Lumpkin.

HR 1034. By Representatives Stephens of the 68th, Thurmond of the 67th, Carrell of the 65th, Mobley of the 64th, Buck of the 95th and others:
A resolution expressing condolences at the passing of Mr. Harry "Squab" Jones.

HR 1035. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending Reverend L. Floyd Carmack.

HR 1036. By Representative Thomas of the 31st: A resolution expressing regret at the passing of Robert Dobbins.

HR 1037. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending the Clayton County Water Authority.

The following Resolution of the House was read and referred to the Committee on Natural Resources:

HR 1038. By Representatives Porter of the 119th, Patten of the 149th, Hooks of the 116th and Dobbs of the 74th:
A resolution urging the Georgia Congressional Delegation to support legislation which will not incorrectly classify materials that have served their original purpose and that will be or are being recycled as "wastes" and legislation which will release sellers of such materials from liability for any environmental contamination that may result from the actions of the purchasers of such materials.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 1442. By Representative Walker of the 115th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the "Georgia County Leadership Act".

The following Senate substitute was read:

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the "Georgia County Leadership Act"; to provide for legislative intent; to provide for definitions; to provide that elected members of county governing authorities shall attend a training seminar on local government matters; to provide that expenses shall be paid from public funds; to provide for a leadership academy; to provide for dates of the seminar; to provide for a board of directors of the

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academy; to provide for procedures relative to the running of the academy; to add a new Chapter 45 to be entitled the "Georgia Municipal Training Act"; to provide for legislative intent; to provide for definitions; to provide that elected members of municipal governing authorities shall attend a training seminar on local government matters; to provide that expenses shall be paid from public funds; to provide for a training institute; to provide for a board of directors of the institute; to provide for procedures relative to the administration of the institute; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 20 to be entitled the "Georgia County Leadership Act" and to read as follows:
"CHAPTER 20
36-20-1. This chapter shall be known and may be cited as the 'Georgia County Leadership Act.'
36-20-2. The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a county governing authority, prior to taking office, to attend a course of training and education on matters pertaining to the administration and operation of county government. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of public trust.
36-20-3. As used in this chapter, the term: (1) 'Academy' means the Georgia County Leadership Academy. (2) 'Board' means the Board of the Georgia County Leadership Academy. (3) 'County governing authority' means the governing authority as defined in para-
graph (7) of Code Section 1-3-3 and an elected chief executive officer of a county. (4) 'State' means the State of Georgia and any department, board, bureau, com-
mission, or other agency thereof. 36-20-4. (a) All persons elected as members of a county governing authority who
were not serving as members of a county governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education of at least 18 hours on matters pertaining to the administration and operations of county governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety, health, and welfare; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a county governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the academy.
(b) All expenses incurred by a newly elected member of a county governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for such purposes. All expenses not paid for by state funds shall be paid from county funds by the county governing authority whose newly elected member or members shall attend such course.
36-20-5. (a) There is created and established the Georgia County Leadership Academy. Except as otherwise provided in Code Section 36-20-4, all costs of operating and conducting the academy shall be paid for from public funds appropriated for such purposes.
(b) The academy shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Section 36-20-4.
(c) The initial course of training and education required by Code Section 36-20-4 shall be conducted by the academy on the Tuesday after the first Monday in November of 1990 and completed before January 1, 1991. Subsequent courses shall be conducted by the academy biennially between the Tuesday after the first Monday in November

MONDAY, MARCH 5, 1990

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and before January 1 of the following year or as otherwise changed by general law. The academy shall have sole responsibility for determining the exact date or dates the course of training and education shall be conducted.
(d) The academy shall establish guidelines and procedures to permit any person elected or appointed as a member of a county governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the academy due to medical disability, providential cause, or any other reason deemed sufficient by the academy, to comply with the requirements of Code Section 36-20-4.
(e) The academy shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law.
36-20-6. (a) The academy shall be under the direction and supervision of the board of the Georgia County Leadership Academy. The board shall have the power and duty to organize, administer, control, oversee, and advise the academy so that the academy is operated in accordance with the provisions of this article.
(b) The academy is assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Code Section 50-4-3.
36-20-7. The board shall consist of seven members and shall be composed of the commissioner of the Department of Community Affairs, the director of the Carl Vinson Institute of Government of the University of Georgia, the administrator of Governmental Training of the Carl Vinson Institute of Government of the University of Georgia, the president of the Association County Commissioners of Georgia, the executive director of the Association County Commissioners of Georgia, and two members appointed by the Governor. Members of the board appointed by the Governor shall serve for fouryear terms.
36-20-8. (a) The board may accept appropriations, grants, gifts, donations, or contributions from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and academy.
(b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board.
36-20-9. On or before February 1 of each year, the director of the Carl Vinson Institute of Government, on behalf of the board, shall make a report to the Governor, the chairman of the Senate Urban and County Affairs Committee, and the chairman of the State Planning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the academy during the preceding calendar year, including, but not limited to, the total number of members of a county governing authority who attended the course of training and education offered by the academy; an outline of the academy's programs for the current calendar year; an evaluation of the programs and services offered by the academy; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the academy."
Section 2. Said title is further amended by adding a new Chapter 45 to be entitled the "Georgia Municipal Training Act" and to read as follows:
"CHAPTER 45
36-45-1. This chapter shall be known and may be cited as the 'Georgia Municipal Training Act.'
36-45-2. The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a municipal governing authority to attend a course of training and education on matters pertaining to the

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administration and operation of municipal government during a period prescribed by the board. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of public trust.
36-45-3. As used in this chapter, the term:
(1) 'Board' means the Board of the Georgia Municipal Training Institute.
(2) 'Institute' means the Georgia Municipal Training Institute.
(3) 'Municipal governing authority' means the governing authority of a municipal corporation.
(4) 'State' means the State of Georgia and any department, board, bureau, commission, or other agency thereof.
(5) 'Vinson Institute' means the Carl Vinson Institute of Government of the University of Georgia.
36-45-4. (a) All persons elected as members of a municipal governing authority who were not serving as members of a municipal governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education on matters pertaining to the administration and operations of municipal governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a municipal governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the board.
(b) All expenses incurred by a newly elected member of a municipal governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for such purposes. All expenses not paid for by state funds shall be paid from municipal funds by the municipal governing authority whose newly elected member or members shall attend such course.
36-45-5. (a) There is created and established the Georgia Municipal Training Institute. Except as otherwise provided in Code Section 36-45-4, all costs of operating and conducting the institute shall be paid for from public funds appropriated for such purposes.
(b) The board shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Section 36-45-4.
(c) The course of training and education required by Code Section 36-45-4 shall be conducted by the institute under such rules, regulations, procedures, policies, requirements, and standards as prescribed from time to time by the board.
(d) The board shall establish guidelines and procedures to permit any person elected or appointed as a member of a municipal governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the institute due to medical disability, providential cause, or any other reason deemed sufficient by the board, to comply with the requirements of Code Section 36-45-4.
(e) The board shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law.
36-45-6. (a) The institute shall be under the direction and supervision of the board of the Georgia Municipal Training Institute. The board shall have the power and duty
to organize and advise the institute so that the institute is operated in accordance with the provisions of this article.
(b) The institute is assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Code Section 50-4-3.
36-45-7. The board shall consist of seven members and shall be composed of the
commissioner or designee of the Department of Community Affairs, the director of the
Carl Vinson Institute of Government or designee of the University of Georgia, the presi-
dent or designee of the Georgia Municipal Association, the executive director or designee
of the Georgia Municipal Association, and three members appointed by the Governor

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from a list of not less than five names submitted by the president of the Georgia Municipal Association. Members of the board appointed by the Governor shall serve for twoyear terms.
36-45-8. (a) The board, on behalf of the institute, may accept appropriations, grants, gifts, donations, or contributions from the federal government; the state government; any county, municipal, or local government; any board, bureau, commission, agency, or establishment of any such government; any other organization, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and institute.
(b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board.
36-45-9. On or before February 1 of each year, the board shall file a report to the Governor, the chairman of the Senate Urban and County Affairs Committee, and the chairman of the State Planning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the institute during the preceding calendar year, including, but not limited to, the total number of members of a municipal governing authority who attended the course of training and education offered by the institute; an outline of the institute's programs for the current calendar year; an evaluation of the programs and services offered by the institute; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the institute."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House agree to the Senate substitute to HB 1442.
On the motion, the ayes were 92, nays 1.
The motion prevailed.

HB 1883.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, so as to change the provisions relative to the compensation of the sheriff.

The following Senate substitute was read:

A BILL
To amend an Act abolishing the fee system of compensation for the sheriff of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4178), so as to change the provisions relative to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act abolishing the fee system of compensation for the sheriff of Fayette County, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4178), is amended by striking Section 2 thereof and inserting in its place a new section to read as follows:
"Section 2. The sheriff of Fayette County shall receive an annual salary of $44,450.00 during such person's first four years in office, $47,225.00 during such person's fifth

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through eighth years in office, and $50,000.00 during such person's ninth and subsequent years in office. This salary shall be payable in equal monthly installments from the funds of Fayette County. This salary shall be the sheriffs full and complete compensation and shall be in lieu of all other fees or emoluments now or hereafter authorized by law. All funds collected from any source by the sheriff shall be county funds and shall be paid into the county treasury. Should the compensation from all sources as authorized under general laws ever exceed the salary provided for in this section, the provisions of general law shall prevail."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Heard of the 43rd moved that the House agree to the Senate substitute to HB 1883.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 577. By Representatives Parham of the 105th, Parrish of the 109th and Atkins of the 21st:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to authorize drug bidding programs and rebates relating thereto.

The following Senate substitute was read:

A BILL
To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for drug application fees; to authorize drug rebate negotiations and agreements; to provide for the inclusion of certain drugs upon a specified list; to require disclosure of certain drug pricing arrangements; to provide for reimbursement amounts; to provide for statutory construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding at the end of Code Section 49-4-142, relating to the creation of the Department of Medical Assistance, a new subsection to read as follows:
"(c) The department is authorized to establish drug application fees which shall be equal to the department's cost of investigating and determining whether a new drug product should be included in the Controlled Medical Assistance Drug List. Such fees shall be adjusted annually and shall be paid by the drug manufacturers at the time of application."
Section 2. Said article is further amended by adding after Code Section 49-4-152.1 a new Code section to read as follows:
"49-4-152.2. (a) The department is authorized to negotiate and enter into agreements directly with manufacturers and distributors whose prescription drug products are sold in the state for sole-source and multiple-source drugs to be paid for under the state plan for eligible recipients under this article. Such agreements shall provide for a

MONDAY, MARCH 5, 1990

2291

periodic rebate of a negotiated percentage of the total product cost to be paid by the manufacturer or distributor of a specific product covered under the state plan.
(b) Prescription drug products shall be included in the Controlled Medical Assistance Drug List only upon satisfaction and completion of the application and approval process established by the department. Those products for which a rebate has been successfully negotiated shall automatically be included in the Controlled Medical Assistance Drug List for a period of time coterminous with the negotiated rebate.
(c) If there has been a failure to negotiate or renew a rebate agreement for a specific prescription drug product, the pharmaceutical manufacturer or distributor of that product shall disclose to the department its most favorable pricing arrangements available to state and nonstate government purchasers of such products. If the department determines that the product needs to be included in the Controlled Medical Assistance Drug List, the department shall establish the amount of the rebate for such product based upon the price information provided by the manufacturer or distributor. The determination as to whether a product should be included in the Controlled Medical Assistance Drug List shall be based upon the product's efficacy, cost, medical necessity, and safety.
(d) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval except that Section 2 of this Act shall become effective on July 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 105th moved that the House agree to the Senate substitute to HB 577.
On the motion, the ayes were 104, nays 1.
The motion prevailed.

HB 1177.

By Representative Barnett of the 10th:
A bill to amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize the county board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the purpose of collecting unpaid county school taxes.

The following Senate amendment was read:

Amend HB 1177 by striking line 4 of page 1 and inserting in lieu thereof the following:
"authorize a county board of education or independent board of education to". By striking line 19 of page 1 and inserting in lieu thereof the following: "part of the expenses of the board. A county board of education or". By striking line 26 of page 1 and inserting in lieu thereof the following: "discretion of the county board of education or independent board of'.

Representative Barnett of the 10th moved that the House agree to the Senate amendment to HB 1177.
On the motion, the ayes were 103, nays 1.

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JOURNAL OF THE HOUSE,

The motion prevailed.
HR 585. By Representatives Crawford of the 5th and Porter of the 119th:
A resolution proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides.

The following Senate substitute was read:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VI, Section II, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Divorce cases. Divorce cases shall be tried in the county where the defendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plaintiff resides] provided, however, a divorce case may be tried in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and said county was the site of the marital domicile at the time of the separation of the parties, and provided, further, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce may be tried in the county in which the plaintiff resides?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Crawford of the 5th moved that the House agree to the Senate substitute to HR 585.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams

Y Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey

Y Baker Balkcom
Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

MONDAY, MARCH 5, 1990

2293

Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell Connell Couch Y Crawford Crosby Y Cummings,B Cummings.M

Y Davis,C
Davis.G Y Davis.M
Dixon.H Dixon,S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton Y Banner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson Ylrwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D
Lane,R Y Langford
Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows Milam Y Mobley Moody

On the motion, the ayes were 142, nays 0. The motion prevailed.

Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
Pannell YParham
Y Parrish Y Patten
Pettit Pinkston Poag
Y Porter Y Poston Y Powell
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield Y Smith,L Y Smith,P
Smith.T

Y Smith,W Smyre
YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall YWare Y Watson Y Watts
White Wilder Y Williams,B Williams.J Y Yates Y Yeargin Murphy.Spkr

HB 1889.

By Representative Bostick of the 138th:
A bill to amend Chapter 3 of Title 2 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to provide for the establishment of the Georgia Agrirama Development Authority Overview Committee and its composition and powers.

The following Senate amendments were read:

SENATE AMENDMENT No. 1
Amend HB 1889 by adding on line 4 of page 2 between the word "County" and the semicolon the following:
"and the vice chairman of the Senate Committee on Agriculture".

SENATE AMENDMENT No. 2
Amend HB 1889 by striking subsection (a) of Code Section 2-3-23 on page 4 and inserting in lieu thereof the following:
"(a) The members of the committee who are members of the General Assembly shall be entitled to the regular per diem expenses received by the members of the General Assembly."

Representative Bostick of the 138th moved that the House agree to the Senate amendments to HB 1889.
On the motion, the ayes were 110, nays 0.

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The motion prevailed.

HB 1463.

By Representative Watson of the 114th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "investment adviser"; to provide that a person shall not hold himself out as an investment adviser or financial planner unless such person is registered as such under this chapter.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of "investment adviser"; to provide that a person shall not hold himself out as an investment adviser or financial planner unless such person is registered as such under this chapter; to provide for certain exempt transactions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by striking paragraph (8) of subsection (a) of Code Section 10-5-2, relating to definitions in the "Georgia Securities Act of 1973," in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) 'Investment adviser' means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. As used in this chapter, the term 'certified public accountant' means a certified public accountant or a firm thereof, registered pursuant to Chapter 3 of Title 43. 'Investment adviser' shall also include any person who holds himself out as a 'financial planner' or 'investment advise^' other than a certified public accountant. The term 'investment adviser' does not include a certified public accountant whose performance of investment advisory services is solely incidental to the practice of his profession or who does not accept or receive, directly or indirectly, any commission, payment, referral, or other form of remuneration as a result of the purchase or sale of a specific security by a client, does not recommend the purchase or sale of specific securities, and does not have custody of client funds or securities for investment purposes. Unless they hold themselves out as such, the term 'investment adviser' does not include (i) an investment adviser representative; (ii) a lawyer, accountant, engineer, or teacher whose performance of investment advisory services is solely incidental to the practice of his profession; (iii) a securities dealer or his agent whose performance of these services is solely incidental to the conduct of his business as a securities dealer and who receives no special compensation for them; (iv) a publisher of any newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; or (v) such other persons not within the intent of this paragraph, as the commissioner may designate by rule or order. The term 'investment adviser' also does not include the following unless they are required to be registered as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, or rules, regulations, or interpretations thereunder: a bank; a bank holding company as defined in the Bank Holding Company Act of 1956, which is not an investment company; a savings institution; a credit union; or a trust company or any employees of such entities."

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Section 2. Said chapter is further amended by striking paragraph (12) of Code Section 10-5-9, relating to exempt transactions, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) Any transaction involving the issuance or transfer of securities of the issuer by the issuer or by a subsidiary of the issuer to a corporation or its shareholders er 2 to a business or real estate investment trust or the holders of beneficial interest thereof; or to a partnership or limited partnership or the partners thereof in connection with a merger, share exchange, consolidation, reclassification of securities, or sale or transfer of corporate or , trust, or partnership assets in consideration of the issuance or transfer of such securities, where the transaction must be approved by the vote ef th shareholders of th corporation e? the holders of at least a majority of the voting shares, beneficial interest interests, or partnership interests of such corporation, trust; or partnership pursuant to its articles or certificate of incorporation, er corporate charter or trust instrument, partnership agreement, or the applicable corporation e* , trust2 or partnership statute;".
Section 3. Said chapter is further amended by striking subsection (g) of Code Section 10-5-12, relating to unlawful practices, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) It shall be unlawful for any person to hold himself out as, or otherwise represent that he is, a 'financial planner' or 'investment counsel adviser' or use as descriptive of his business the term 'financial planner' or 'investment counsel adviser' or such similar term as may be specified in rules and regulations promulgated by the commissioner unless said person is either a certified public accountant or is registered as an investment adviser or investment adviser representative under this chapter. The use of the term 'financial planner' or 'investment adviser' or a similar term to describe a person's business shall not be used in such a way so as to be deceptive, as that term may be defined in the rules and regulations promulgated by the commissioner."
Section 4. Said chapter is further amended by adding immediately following subsection (j) of Code Section 10-5-12, relating to unlawful practices, new subsections (k) and (1) to read as follows:
"(k) The provisions of subsections (h) and (i) of this Code section and paragraph (1) of subsection (j) of this Code section shall be applicable to any certified public accountant who holds himself out as a 'financial planner' or 'investment adviser.'
(1) All records relating to the preparation of financial plans and the giving of investment advice prepared and maintained by a certified public accountant who holds himself out as a 'financial planner' or 'investment adviser' are subject to reasonable examination by representatives of the commissioner, within or outside this state, as the commissioner deems necessary or appropriate to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter. This provision shall not be construed to require, or authorize the commissioner to require, such certified public accountant to disclose the identity, investments, or affairs of any client of such certified public accountant, except insofar as such disclosure may be necessary or appropriate in a particular proceeding or investigation having as its object the enforcement of this chapter."
Section 5. Said chapter is further amended by striking subsections (b) and (e) of Code Section 10-5-14, relating to civil liability from sales of securities, in their entirety and inserting in lieu thereof new subsections (b) and (e) to read as follows:
"(b) Every contract between a certified public accountant who holds himself out as a 'financial planner' or an 'investment adviser' and an advisory client or between an investment adviser and an advisory client made in violation of any provision of this chapter and every such contract heretofore or hereafter made, the performance of which involves the violation of or continuance of any relationship or practice in violation of any provision of this chapter or any rule, regulation, or order thereunder, shall be void:
(1) As regards the rights of any person who, in violation of any such provision, rule, regulation, or order shall have made or engaged in the performance of any such contract; and

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(2) As regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making or performance of such contract was in violation of any such provision. The advisory client who is a party to such a contract may sue to recover the consideration paid under such contract to such investment adviser or investment adviser representative, together with interest thereon at the annual rate of 6 percent from the date of payment of the consideration, plus costs and reasonable attorney's fees." "(e) With respect to the activities of a certified public accountant who holds himself out as a 'financial planner' or an 'investment adviser' or an investment adviser or investment adviser representative, no person may sue under this Code section more than two years from the date of the transaction upon which the suit is based."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 114th moved that the House agree to the Senate substitute to HB 1463.
On the motion, the ayes were 100, nays 0.
The motion prevailed.

HB 1297.

By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.

The following Senate substitute was read:

A BILL
To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to require school personnel to report certain crimes committed by students upon school property or at school functions and require certain reports thereof to be made to the appropriate school system superintendents and the police authority or district attorney; to provide for immunity from liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, is amended by adding at the end a new Code section to read as follows:
"20-2-1184. (a) Any teacher or other person employed at any public or private elementary or secondary school who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by any of the following:
(1) Code Section 16-5-24, relating to aggravated battery; (2) Chapter 6 of Title 16, relating to sexual offenses; (3) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings; or

MONDAY, MARCH 5, 1990

2297

(4) Code Section 16-13-30, relating to possession and other activities regarding marijuana and controlled substances, shall make a written report of that act and the name of the student to the principal of that school or the principal's designee. (b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof as soon as possible by telephone or otherwise to the appropriate school system superintendent. If the superintendent has reasonable cause to believe that the report is valid, he shall immediately make a written and oral report to the appropriate police authority and district attorney. (c) Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section is made in good faith."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Selman of the 32nd moved that the House disagree to the Senate substitute to HB 1297.
The motion prevailed.

HR 592. By Representatives Jamieson of the llth and Dover of the llth:
A resolution extending and redesignating the U.S. 441 Business Historic Route.

The following Senate substitute was read:

A RESOLUTION
Extending and redesignating the U.S. 441 Business Historic Route; designating the Culver Kidd Highway; to repeal conflicting laws; and for other purposes.
WHEREAS, the construction of U.S. 441 Bypass extending from its intersection with U.S. 441 Business Route in Baldwin to State Route 365 has been completed; and
WHEREAS, the construction of the State Route 365 extension to Toccoa and that portion of U.S. 441 that is common with State Route 365 has been completed to its present terminus at State Route 197 near Clarkesville, and it has been opened to traffic; and
WHEREAS, much of the average daily traffic flow formerly using U.S. 441 through the City of Cornelia has been diverted to the U.S. 441 Bypass; and
WHEREAS, it will be advantageous to the economic welfare of Habersham County, the City of Cornelia, and other municipalities located on U.S. 441, as it existed prior to the construction of U.S. 441 Bypass and State Route 365, to retain as much as possible of the tourist and vacation traffic on U.S. 441 as it previously existed; and
WHEREAS, the City Commission of the City of Cornelia is in full support of, and joins in, the efforts of Habersham County and the other municipalities located on U.S. 441 extending north from its intersection with U.S. 441 Bypass through Habersham County, as it existed prior to the construction of U.S. 441 Bypass and State Route 365, to preserve the business vitality and historic value of the area along said highway; and
WHEREAS, the record of public service for the people of Baldwin County and the State of Georgia attained by Honorable Culver Kidd, the distinguished Senator from the 25th District, is an admirable one; and

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JOURNAL OF THE HOUSE,

WHEREAS, Senator Kidd graduated from Georgia Military College in 1932 and received his B.S. degree from Georgia Tech in 1936; and
WHEREAS, he was a Major in the United States Army during World War II and was awarded a Purple Heart; and
WHEREAS, Senator Kidd served as Baldwin County commissioner for ten years, a State Representative for 12 years, and has served as State Senator for 27 years; and
WHEREAS, his legislative experience and keen understanding of governmental problems has made him one of the most influential public officers in this state; and
WHEREAS, during his service in the State Senate, Senator Kidd's leadership and determination have brought unparalleled progress in developing a superior highway system in this state; and
WHEREAS, in recognition of Senator Kidd's 39 years of dedicated service to the state, it is only fitting and proper that a highway through his senatorial district be named in his honor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the U.S. 441 Business Historic Route be extended to include that portion of U.S. 441 now designated U.S. 441 Business Route and extending north from its intersection with U.S. 441 Bypass in Baldwin through the City of Cornelia to its intersection with State Route 365 as it existed prior to the construction of U.S. 441 Bypass and State Route 365, and that said portion of U.S. 441 Business Route is designated as part of the U.S. 441 Business Historic Route.
Section 2. That the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said route.
ARTICLE 2
Section 1. That U.S. Highway 441 between Interstate Highway 20 and Interstate Highway 16 is designated as the Culver Kidd Highway.
Section 2. That the Department of Transportation is authorized and directed to place appropriate markers designating the Culver Kidd Highway.
ARTICLE 3
Section 1. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Jamieson of the llth moved that the House agree to the Senate substitute to HR 592.
On the motion, the ayes were 107, nays 5.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:

MONDAY, MARCH 5, 1990

2299

SB 680. By Senators Scott of the 2nd and Tysinger of the 41st:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change and then restate the purpose and certain of the statutory terms and conditions upon which the State Properties Commission is exclusively empowered to grant a revocable license; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams
Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Bates Beck Y Benefield YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B
Y Clark,H Y Clark.L Y Coleman Y Colwell
Connell Couch Y Crawford
Y Crosby Y Cummings.B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin
Y Groover Hamilton
Y Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston YLane.D
Y Lane.R Y Langford
Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell
Randall Ransom YRay Reaves Y Redding Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson
Sinkfield

Y Smith.L Y Smith.P
Smith.T
Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley
Y Steele Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Williams,B Williams,J YYates Y Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SR 427. By Senator Fuller of the 52nd:
A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date.

By unanimous consent, the following Committee amendment was read and withdrawn:

The Committee on State Institutions and Property moves to amend SR 427 by striking lines 2 through 5 on page 3, which read as follows:

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JOURNAL OF THE HOUSE,

"the office of the State Properties Commission, and to be more particularly described on a plat of survey to be presented to and approved by the State Properties Commission.",
and inserting in lieu thereof the following:
"the office of the State Properties Commission, which Department of Transportation drawings shall constitute an acceptable plat for filing for the purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122."

The following substitute, offered by Representative Colwell of the 4th, was read and adopted:

A RESOLUTION
Granting nonexclusive easements for construction, operation, and maintenance of natural gas transmission and distribution pipelines in, on, under, over, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Land Lots 210 and 211, 23rd Land District of Floyd County, Georgia; and
WHEREAS, the Georgia Department of Transportation is constructing the East Rome Bypass, and a portion of said bypass crosses state property which is in the custody of the Department of Defense; and
WHEREAS, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville currently have easements over state property and construction of said East Rome Bypass will necessitate the relocation of easement areas for Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville; and
WHEREAS, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville desire to cooperate with the State of Georgia and the Georgia Department of Transportation and are willing to relocate their easement areas to accommodate the construction of the East Rome Bypass; and
WHEREAS, the Georgia Department of Defense has requested that these easements, with the same rights and privileges in favor of Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, be relocated to accommodate the construction of the East Rome Bypass.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement areas," and that, in all matters relating to the easement areas, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville easements with the same rights and privileges as those being extinguished by the construction of the East Rome Bypass. Said easement areas are located in Land Lots 210 and 211 of the 23rd Land District, Floyd County, Georgia, and are particularly described on Department of Transportation drawings dated October 31, 1989, on file in the office of the State Properties Commission, and to be more particularly described on a plat of survey to be presented to and approved by the State Properties Commission.

MONDAY, MARCH 5, 1990

2301

Section 3. That Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as may be reasonably necessary.
Section 4. That, upon abandonment, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville and their successors and assigns shall have the option of removing their facilities from the easement areas or leaving the same in place, in which event the facilities shall become the property of the State of Georgia and its successors and assigns.
Section 5. That no title shall be conveyed to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, and, except as herein specifically granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville.
Section 6. That the easements granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.
Section 7. That the consideration for each such easement shall be the mutual benefit to the parties.
Section 8. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement areas.
Section 9. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Beck
Y Benefield Y Benn
Birdsong

Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark.H
Y Clark.L Y Coleman Y Colwell

Connell
Y Couch Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis,C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster

Y Godbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Y Banner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson

Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Lawrence Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas
Lupton Y Mangum
Martin

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JOURNAL OF THE HOUSE,

YMcCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr

Y Orrock
Y Padgett Y Pannell Y Parham Y Parrish
Patten Pettit Pinkston YPoag Y Porter YPoston Y Powell YRandall Ransom YRay

Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson
SinkTield Y Smith.L Y Smith,P
Smith.T
Y Smith, W YSmyre YSnow

Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend
YTwiggs

Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Williams.B Williams,J Y Yates Y Yeargin Murphy.Spkr

On the adoption of the Resolution, by substitute, the ayes were 148, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 595. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council.

The following amendment was read and adopted:

Representative Hooks of the 116th and Crawford of the 5th move to amend SB 595 by inserting after the word "To" on line 1 of page 1 the following:
"amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, so as to change the amount of annual training required for certified coroners; to".
By striking on line 7 of page 1 the following:
"Council;",
and inserting in lieu thereof the following:
"Council; to provide for effective dates;".
By inserting between lines 9 and 10 of page 1 the following:
"Section 1. Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, is amended by striking in its entirety Code Section 45-16-6, relating to the participation by coroners in an annual training course, and inserting in lieu thereof a new Code Section 45-16-6 to read as follows:
'45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least K5 24 hours provided by the Georgia Police Academy. Any coroner or deputy coroner on a fee system of compensation taking the training course required by this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the

MONDAY, MARCH 5, 1990

2303

rceoquurti.r'"ement of training for that year may be waived by the judge of the probate

By redesignating Sections 1, 2, and 3 of said bill as Sections 2, 3, and 6, respectively.
By inserting between lines 11 and 12 of page 3 the following:
"Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-16-66, relating to the annual training requirement for certified coroners, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) In order to maintain the status of a certified coroner, each person certified as such shall complete 16 24 hours of additional training per annum during each year in which he serves as coroner, as provided in subsection fb) ef Code Section 46-16-8 45-16-6, and shall file a certificate of additional training with the Board of Public Safety.'
Section 5. Sections 1 and 4 of this Act shall become effective January 1, 1990."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H
Y Clark.L Y Coleman Y Colwell
Connell Y Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings.M
Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Hamilton
Y Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows Milam
Y Mobley
Y Moody Y Morton
Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston
YPoag Y Porter
Poston Y Powell YRandall
Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson
Sinkfield

Y Smith.L Y Smith,?
Smith,T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Steele
Stephens Streat Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Townsend
YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware
Watson Y Watts
White Y Wilder Y Williams.B
WiUiams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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JOURNAL OF THE HOUSE,

SB 472. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt.

The following substitute, offered by Representative Randall of the 101st, was read and adopted:

A BILL
To amend Code Section 15-9-121 of the Official Code of Georgia Annotated, relating to jury trials in civil cases in probate court, so as to provide that a party may make written demand for a jury trial within 30 days after filing the first pleading of the party or within 15 days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to Code Section 29-5-6, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury within ten days after the date of mailing of the notice provided for by paragraph (1) of subsection (d) of Code Section 29-5-6; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-121 of the Official Code of Georgia Annotated, relating to jury trials in civil cases in probate court, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial with the first pleading of the party within 30 days after the filing of the first pleading of the party or within 15 days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to Code Section 29-5-6, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury within ten days after the date of mailing of the notice provided for by paragraph (1) of subsection (d) of Code Section 29-5-6. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates
YBeck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks
Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell

Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M

Y Davis.C
Y Davis.G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover
YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee

Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

MONDAY, MARCH 5, 1990

2305

Y Howren
Hudson Y Irwin Y Isakson
YJackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence YLawson YLee YLinder Y Long

Y Lord
Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr

Y Orrock
Y Padgett Y Pannell Y Parham
Y Parrish Y Patten
Pettit Pinkston Y Poag Y Porter Y Poston Y Powell Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson Y Ricketaon Y Robinson

Y Royal
Y Selman Y Simpson
Sinkfield
Y Smith.L Y Smith.P
Smith,T Y Smith,W
Srnyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Streat Y Teper Y Thomas.C Y Thomas,M Y Thompson

Thurmond
Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SR 443. By Senators Hammill of the 3rd, Echols of the 6th and Scott of the 2nd:
A resolution directing the conveyance of certain state owned real property located in Liberty County, Georgia; to provide an effective date.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 115, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 560. By Senators Burton of the 5th and Phillips of the 9th:
A bill to amend Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, so as to change certain provisions regarding termination of the commission; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 634. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, so as to provide for Supreme Court of Georgia approval of the disciplining of magistrates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 1.

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JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

SB 561. By Senator Dawkins of the 45th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that a sheriff may not change or extend the place of confinement of a county inmate except when permitted by law or as directed by a court having competent jurisdiction.

The following amendment was read and adopted:

Representative Dobbs of the 74th moves to amend SB 561 by adding on line 12 of page 2 immediately following the word "sentence" the following:
"including any lawful credits under a trusty system".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 109, nays 1.
The Bill, having received the requisite constitutinal majority, was passed, as amended.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:

HB 1412.

By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate, were taken up for consideration and read the third time:

SB 566. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license.

The following amendment was read:

Representative Felton of the 22nd moves to amend SB 566 as follows: P 1, line 15 and 16 delete "$50.00" and insert "$100.00".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 5, 1990

2307

Y Aaron Abernathy
Y Adams
Y Aiken N Alford Y Alien
Athon Y Atkins Y Bailey
Baker N Balkcom Y Bannister NBarfoot
Bargeron N Barnett,B
Y Barnett,M Y Bates
Beck Y Benefield
Benn
Y Birdsong
N Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown
YBuck N Buford NByrd Y Campbell N Carrell Y Carter Y Chambless
N Chance N Cheeks

Y Childers Y Clark,B Y Clark,H
Clark,L Y Coleman N Colwell
Connell Couch
Y Crawford
Y Crosby N Cummings,B
Cummings.M
Y Davis.C Y Davis,G Y Davis.M Y Dixon.H N Dkon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y FloydJ.W Y Foster
Godbee Y Goodwin
Green N Greene Y Gresham
Griffin
Groover Hamilton
Y Hanner

N Harris
Y Hasty
N Heard N Herbert N Holcomb N Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Jackson,J Jackson.W Y Jamieson
Jenkins Johnson Y Jones Kilgore Y Kingston N Lane,D N Lane,R Y Langford Y Lawrence Y Lawson
YLee
Y Linder NLong
Lord N Lucas Y Lupton
Mangum Y Martin N McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley N Moody N Morton N Moultrie Y Mueller
Y Oliver.C N Oliver,M YOrr Y Orrock Y Padgett N Pannell
YParham
Y Parrish
N Patten Pettit
Pinkston
YPoag
N Porter Poston
N Powell NRandall
N Ransom
YRay
N Reaves N Redding
N Richardson
Y Ricketson N Robinson N Royal NSelman N Simpson
Sinkfleld

On the adoption of the amendment, the ayes were 91, nays 48. The amendment was adopted.

Y Smith,L N Smith,P
Smith.T Y Smith.W
Smyre YSnow N Stancil,F Y Stancil,S Y Stanley
NSteele
Y Stephens Streat
YTeper N Thomas,C Y Thomas,M
Thompson Thurmond
Y Titus Y Tolbert
Y Townsend
NTwiggs
Y Vaughan N Waddle
Walker.C Y Walker.L Y Wall
Ware
N Watson
Y Watts White
Y Wilder Williams.B Williams^
Y Yates Y Yeargin
Murphy.Spkr

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
N Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield
Benn Y Birdsong Y Bishop Y Bostick
Y Branch N Breedlove
Brooks Y Brown

YBuck
N Buford
NByrd Y Campbell
Carrell Y Carter
Y Chambless N Chance Y Cheeks N Childers
Y Clark.B Y Clark,H N Clark.L Y Coleman N Colwell
Connell Couch Y Crawford
Y Crosby N Cummings.B Y Cummings.M Y Davis.C Y Davis.G N Davis.M
Y Dixon.H N Dixon.S
Dobbs

Dover
Y Dunn
Y Edwards
Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee
Y Goodwin Y Green
N Greene Y Gresham Y Griffin Y Groover
Hamilton Hanner
Y Harris
Y Hasty N Heard N Herbert N Holcomb N Holland Y Holmes Y Hooks Y Howren

Y Hudson
Irwin
Y Isakson
Y Jackson,J Jackson,W
Y Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston N Lane.D
N Lane.R Y Langford Y Lawrence Y Lawson YLee Y Under
N Long YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald N McKelvey

Y McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley N Moody
N Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett N Pannell
Y Parham
Y Parrish Y Patten
Pettit Pinkston YPoag N Porter Poston Y Powell
YRandall N Ransom YRay

2308

JOURNAL OF THE HOUSE,

Y Reaves
Y Redding Y Richardson NRicketaon Y Robinson N Royal NSelman YSimpson
Sinkfield

Y Smith,L
N Smith.P N Smith,T Y Smith,W
Smyie Y Snow Y Stancil,F Y Stancil,S Y Stanley

N Steele
Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas.M
Thompson Thurmond Y Titus

Y Tolbert
Y Townsend N Twiggs Y Vaughan N Waddle
Walker.C Y Walker.L Y Wall N Ware

N Watson
N Watts White
Y Wilder WiUiams.B Williams,J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 116, nays 36.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution, favorably reported by the Committee on Transportation, was read:

HR 883. By Representatives Alford of the 57th, Kilgore of the 42nd and Coleman of the 118th

A RESOLUTION
Creating the House Rapid Rail Passenger Service Study Committee; and for other purposes.
WHEREAS, the State of Georgia is geographically the largest state east of the Mississippi River and its major metropolitan areas are widespread; and
WHEREAS, there exists within this state a network of rail lines which, with sufficient upgrade, is capable of sustaining a state-of-the-art rapid rail passenger service; and
WHEREAS, the State of Florida has authorized the franchise of such a rapid rail passenger service to private entities in that state; and
WHEREAS, this state would benefit greatly by the existence of a rapid rail passenger service linking the various parts of this state and possibly linking with a similar service in Florida to provide a regional service; and
WHEREAS, the General Assembly has recognized the importance of rail service through its creation in 1985 of the Georgia Rail Passenger Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Rapid Rail Passenger Service Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall coordinate with the Department of Transportation to undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto, especially the feasibility of authorizing a franchise of a modern rapid rail passenger service throughout this state, and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed

MONDAY, MARCH 5, 1990

2309

legislation, if any, such report shall be made on or before December 31, 1990. The committee shall stand abolished on December 31, 1990.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Baifoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield Y Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark,L
Coleman Y Colwell
Connell
Couch Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover YDunn
Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Hamilton Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin YMcCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston YPoag Y Porter Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSebnan Y Simpson
Sinkfield

Y Smith,L Y Smith,P
Y Smith.T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley
YSteele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall YWare Y Wateon Y Watts
White Y Wilder
Williams.B Williams,J Y Yates Y Yeargin Murphy ,Spkr

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 693. By Senator Harris of the 27th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to change the provisions relating to the maintenance of securities deposits; to change the provisions relating to the maintenance of loss reserves.

By unanimous consent, further consideration of SB 693 was postponed until tomorrow, Tuesday, March 6, 1990.

SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maximum penalty to $100,000.00.

2310

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to increase the maximum penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, shall be liable to a civil penalty not to exceed $26,000.00 $50,000.00 per day for each day during which such violation continues; provided, however, that a separate and later incident creating a violation within a 12 month period shall be liable for a civil penalty not to exceed $100,000.00 per day for each day during which such violation continues."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Breedlove of the 60th moves to amend the Committee substitute to SB 608 by inserting on line 5 of page 1, immediately following the word and symbol "penalty;", the following:
"to provide for the expenditure of fines;".
By inserting on line 26 of page 1, immediately following the word and symbol "continues.", the following:
"Such funds shall be paid into a separate account maintained by the person paying the fine to be used solely for the purpose of correcting the condition constituting a violation of this article.".

On the aodption of the amendment, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy
N Adams N Aiken NAlford N Alien N Athon Y Atkins N Bailey
N Baker N Balkcom Y Bannister N Barfoot
N Bargeron Y Barnett,B YBarnett.M N Bates
Beck N Benefield

N Benn N Birdsong
N Bishop N Bostick Y Branch Y Breedlove
Brooks Y Brown N Buck
N Buford N Byrd Y Campbell N Carrell
N Carter N Chambless Y Chance Y Cheeks N Childers N Clark,B

Y Clark.H Y Clark,L
Coleman Y Colwell
Connell Couch N Crawford N Crosby Cummings,B
Cummings.M Y Davis,C N Davis.G Y Davis.M
N Diion,H N Dixon,S N Dobbs N Dover N Dunn N Edwards

Y Ehrhart Y Felton
N Fennel N Floyd,J.M N Floyd,J.W Y Foster Y Godbee Y Goodwill
Green
Y Greene Y Gresham Y Griffin N Groover
Y Hamilton N Hanner Y Harris Y Hasty Y Heard N Herbert

N Holcomb N Holland
N Holmes Hooks
Y Howren Y Hudson N Irwin Y Isakson Y Jackson,,!
Jackson,W Y Jamieson
Jenkins Johnson
Y Jones Kilgore
Y Kingston Lane,D
N Lane,R Y Langford

MONDAY, MARCH 5, 1990

2311

N Lawrence Y Lawson NLee Y Linder
NLong Lord
N Lucas N Lupton N Mangum
Martin YMcCoy Y McDonald N McKelvey
McKinney,B Y McKinney.C
Y Meadows N Milam

N Mobley
Y Moody N Morton
N Moultrie Y Mueller N Oliver.C N Oliver.M YOrr
Orrock
Y Padgett Y Pannell NParham NParrish
Patten Pettit N Pinkston
YPoag

N Porter N Poston
Y Powell NRandall Y Ransom NRay Y Reaves
Redding
N Richardson Y Ricketson N Robinson N Royal NSelman N Simpson
Sinkfield
Y Smith,L N Smith,P

N Smith,T Y Smith,W
NSmyre YSnow Y Stancil,F Y Stancil,S N Stanley
YSteele N Stephens N Streat NTeper
Thomas.C Thomas,M Y Thompson Y Thurmond
Y Titus N Tolbert

N Townsend YTwiggs Y Vaughan Y Waddle
Walker.C N Walker,L YWall N Ware N Watson
N Watts Y White Y Wilder N Williams.B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 69, nays 83. The amendment was lost.

The Committee substitute, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins
Y Bailey Y Baker
Y Balkcom N Bannister Y Barfoot Y Bargeron Y Bamett,B N Barnett.M Y Bates
YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick N Branch N Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B
Y Clark.H Y Clark,L
Coleman Y Colwell
Connell
Couch
Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S
YDobbs Y Dover
YDunn Y Edwards N Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W N Foster
YGodbee N Goodwin Y Green Y Greene Y Gresham
N Griffin
Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson,W Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston
Lane.D Y Lane,R
Y Langford
Y Lawrence
Y Lawson YLee Y Under
YLong Lord
Y Lucas
Y Lupton Y Mangum
Martin N McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows Y Milam Y Mobley N Moody Y Mortal Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell
YParham YParrish
Y Patten Pettit
Y Pinkston
NPoag Y Porter
Poston N Powell YRandall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith,L
Y Smith.P Y Smith.T
Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele Y Stephens Y Streat YTeper
Y Thomas, C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L N Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

2312

JOURNAL OF THE HOUSE,

SB 613. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a preference for Georgia vendors from other states when such states give in-state vendors a preference over Georgia vendors; to provide for related matters; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a preference for Georgia vendors over vendors from other states when such states give in-state vendors a preference over Georgia vendors; to repeal certain provisions relating to information required to be shown on certain publications printed by agencies or departments of the executive branch; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking in its entirety Code Section 50-5-60, relating to preference to supplies, equipment, materials, and printing produced in Georgia generally, and inserting in lieu thereof a new Code Section 50-5-60 to read as follows:
"50-5-60. (a) It shall be the duty of the Department of Administrative Services, in the purchase of and in contracting for any supplies, materials, equipment, and printing, to give preference as far as may be reasonable and practicable to such materials, supplies, equipment, and printing as may be manufactured or produced in this state. It is the intention of this Code section te subsection that the state use, insofar as is practicable, Georgia products and Georgia labor; provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted; and provided, further, that preference in all cases shall be given to surplus products or articles produced or manufactured by other state departments, institutions, or agencies, which are available for distribution.
(b) Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to vendors resident therein over vendors resident m the State of Georgia."
Section 2. Said title is further amended by striking in its entirety Article 1 of Chapter 18, relating to state printing and documents, which reads as follows:
"ARTICLE 1
50-18-1. (a) Each pamphlet, booklet, brochure, or other promotional publication printed by an agency or department of the executive branch, except the 'Farmers and Consumers Market Bulletin' published by the Department of Agriculture, shall clearly show on its cover the number of copies of that particular publication printed, the approximate cost of such printing which shall be defined as the costs of the actual printing process including press time and paper, and a statement to read 'APPROXIMATE COST OF PRESS TIME AND PAPER ONLY'.
(b) The approximate cost of such printing shall be provided by the agency or department, based on estimates or other information provided by the private or public entity performing such printing.
50-18-2. (a) This article shall not apply to tax forms, returns, pamphlets, and instructional publications of the Department of Revenue.

MONDAY, MARCH 5, 1990

2313

(b) This article shall not apply to any publication which is required or established by statute or which has as its primary purpose to provide information or instruction to persons, corporations, or other entities regulated by, registered with, employed by, seeking employment with, or doing business with the state.
(c) This article shall not apply to the printing of any portion of the Official Code of Georgia Annotated or rules adopted pursuant to the 'Georgia Administrative Procedure Act,' Chapter 13 of this title.
50-18-3. The Governor, through the Office of Planning and Budget, shall monitor compliance with this article and shall ensure that any agency or department in violation of this article is notified of and corrects any reported or identified problems of noncompliance.", and inserting in lieu thereof the following:
"ARTICLE 1 RESERVED".
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Atkins
Y Bailey Y Baker Y Balkcom
Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Bteedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H
Y Clark.L Coleman
Y Colwell Connell Couch
Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dhron.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard N Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton
Mangum Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Pettit
Y Pinkston
YPoag Y Porter YPoston Y Powell YRandall
Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman
Y Simpson Sinkfield

Y Smith.L Y Smith,P
Smith.T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J
Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

2314

JOURNAL OF THE HOUSE,

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 1412.

By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.

Representative Redding of the 50th moved that the House insist on its position in disagreeing to the Senate amendment to HB 1412 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Redding of the 50th, Balkcom of the 140th and Moody of the 153rd.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1608.

By Representatives Bishop of the 94th and Randall of the 101st:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees.

Representative Bishop of the 94th moved that the House recede from its position in disagreeing to the Senate amendment to HB 1608.
On the motion, the ayes were 107, nays 0.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 1381.

By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for an extension of time for filing certain intangible property tax returns or other documents.

The President has appointed on the part of the Senate the following:

MONDAY, MARCH 5, 1990

2315

Senators Albert of the 23rd, Turner of the 8th and Phillips of the 9th.

The Senate insists on its substitute to the following Bill of the House:

HB 1208.

By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1441. By Representatives Walker of the 115th and Lee of the 72nd:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils.

The following Senate substitute was read:

A BILL
To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils; to provide for the terms and conditions under which county, independent, and area school systems may enter into multiyear lease, purchase, or lease purchase contracts; to provide for the applicability of certain laws and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by striking Code Section 20-2-504, which reads as follows:
"20-2-504. It shall be unlawful for any board of education to make any contract involving the expenditure of funds in excess of the total appropriation for the current fiscal year, provided that county boards of education shall have authority to contract for the transportation of pupils for a period not to exceed four years. Any indebtedness created, contract made, or order or draft issued in violation of this Code section shall be void.", and inserting in its place a new Code section to read as follows:
"20-2-504. County, independent, and area school systems shall have authority to contract for the transportation of pupils in accordance with the provisions of Code Section 20-2-506."
Section 2. Said article is further amended by adding at the end thereof, a new Code section to be known as Code Section 20-2-506, to read as follows:
"20-2-506. (a) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:

2316

JOURNAL OF THE HOUSE,

(1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract;
(3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and (b) In addition to the provisions enumerated in subsection (a) of this Code section, any contract authorized by this Code section may include:
(1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the school system under the contract; or
(2) Any other provision reasonably necessary to protect the interests of the school system. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the school system only for those sums payable during the calendar year of execution or, in the event of a renewal by the school system, for those sums payable in the individual calendar year renewal term. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the school system for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (e) Any such contract may provide for the payment by the school system of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (f) When any local board of education submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calendar years immediately following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal property, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt. (g) Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions. (h) Each school system in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the school district in the event that the contract is not fully consummated. (i) Any contract developed under this Code section shall comply with the applicable provisions of the Official Code of Georgia Annotated, and regulations thereunder, relating to state allocated capital outlay funds and entitlements."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Walker of the 115th and Martin of the 26th move to amend the Senate substitute to HB 1441 by striking the symbol and word "; and" at the end of paragraph (3) of quoted Code Section 20-2-506 and inserting in lieu thereof a period.

MONDAY, MARCH 5, 1990

2317

By adding after the phrase "local board of education" in subsection (f) of quoted Code Section 20-2-506 the following:
"on or after July 1, 1990".

Representative Walker of the 115th moved that the House agree to the Senate substitute, as amended by the House, to HB 1441.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates
YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YBytd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H Y Clark.L
Coleman Y Colwell
Connell Couch Y Crawford Y Crosby Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Hanner

Y Harris
Hasty Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 150, nays 0. The motion prevailed.

McKinney,B McKinney.C
Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish
Y Patten Pettit
Y Pinkston YPoag Y Porter YPoston Y Powell YRandall
Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman
Simpson Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith.W YSmyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley YSteele Y Stephens
Streat YTeper
Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware
Watson Watts Y White Wilder Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy ,Spkr

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1208.

By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure.

Representative Pinkston of the 100th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1208 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

2318

JOURNAL OF THE HOUSE,

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pinkston of the 100th, Beck of the 148th and Redding the 50th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto:

SB 606. By Senators Edge of the 28th, Baldwin of the 29th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan.

Representative Ware of the 77th moved that the House recede from its position in substituting SB 606.
On the motion, the roll call was ordered and the vote was as follows:

Aaron
Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
YBenn Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark.H
Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Dixon,S Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster
God bee Y Goodwin Y Green Y Greene
Gresham Griffin Y Groover Y Hamilton Y Manner

Y Harris
Hasty
Heard Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Y Kingston Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 144, nays 0. The motion prevailed.

McKinney,B
McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Mortal Y Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman
Y Simpson Sinkfield

Y Smith,L Y Smith,P
Smith.T Y Smith,W
Smyre YSnow Y Stancil.F
Y Stancil,S Y Stanley YSteele
Stephens Streat Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
YWall
Y Ware Y Watson Y Watta
White Wilder
Y WiUiams,B Williams,,!
Y Yates Y Yeargin
Murphy,Spkr

MONDAY, MARCH 5, 1990

2319

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1254.

By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authorization Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.

The President has appointed on the part of the Senate the following: Senators Scott of the 36th, Foster of the 50th and Ray of the 19th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

SB 749. By Senators Scott of the 2nd and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for cost-of-living increases.

Representative Alien of the 127th moved that the House insist on its position in amending SB 749.
The motion prevailed.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Natural Resources and referred to the Committee on Rules:

HR 888. By Representative Thompson of the 20th:
A resolution creating the House Soil Erosion and Sedimentation Control Overview Study Committee.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1694. By Representatives Breedlove of the 60th, Lawson of the 9th, Wall of the 61st, Jackson of the 9th, Orr of the 9th and others:
A bill creating the board of commissioners of Gwinnett County, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services.

The following Senate substitute was read:

2320

JOURNAL OF THE HOUSE,

A BILL
To amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, so as to require the board to prepare monthly and make available for public dissemination an itemized account of all funds expended for professional services; to define certain terms; to provide exceptions; to provide procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 4658), as amended, is amended by adding at the end of Section 7 a new subsection (d) to read as follows:
"(d) (1) As used in this subsection, the term: (A) 'Person' means an individual, a corporation, a partnership, a business trust,
an association, a firm, or any other legal entity. (B) 'Professional services' includes but is not limited to the practice of architec-
ture, the practice of professional engineering, the practice of land surveying, the practice of landscape architecture, the practice of law, and consultant or professional study services. The term 'professional services' shall not include indigent defense services; medical services; educational and recreational instruction; counseling services; banking services; court reporting; medical examiner services; arbitration; investigation services, expert witnesses for criminal proceedings, or other professional services associated with judicial proceedings; veterinarian services; language translation services; funeral and burial services; drug testing; and preemployment psychological screenings.
The term 'professional services' is not intended to include such services provided by county employees as part of their job duties, but rather is intended to include only such services provided on a nonemployee contractual basis. (2) The board of commissioners shall prepare monthly and make available for public dissemination in the county legal organ and such other media as the board shall deem appropriate an itemized account of all funds expended for professional services, except those services excluded under subparagraph (B) of paragraph (1) of this subsection. The account shall state the name of the person receiving county funds, the amount so received, and the professional service provided. If a vendor receives more than one payment during a month for the same type of professional service, then it shall be sufficient to publish the total of such payments."
Section 2. This Act shall become effective July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Breedlove of the 60th moved that the House agree to the Senate substitute to HB 1694.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 1039. By Representatives Dunn of the 73rd, Murphy of the 18th, Lee of the 72nd, Ware of the 77th, Groover of the 99th and others:
A resolution congratulating J. R. and Mary Cullens on the occasion of their fiftieth wedding anniversary.

MONDAY, MARCH 5, 1990

2321

HR 1040. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Wall of the 61st and Breedlove of the 60th:
A resolution commending Louise Radloff.

HR 1041. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Wall of the 61st and Breedlove of the 60th:
A resolution commending Ms. Melanie Lewis.

HR 1042. By Representative Adams of the 79th: A resolution commending Ms. Wendy Callahan.

HR 1043. By Representatives Adams of the 79th, Jenkins of the 80th and Ray of the 98th:
A resolution commending Dr. Jerry M. Williamson.

HR 1044. By Representative Adams of the 79th: A resolution commending Mr. Roscoe Stubbs.

HR 1045. By Representative Adams of the 79th: A resolution commending Mr. Huggins Dees.

HR 1046. By Representative Adams of the 79th: A resolution commending Mr. Ashley Craven.

HR 1047. By Representative Adams of the 79th:
A resolution commending Mr. and Mrs. Scott McKinley and their children, Scotty, Joshua, and Laura Beth.

HR 1048. By Representative Alford of the 57th:
A resolution urging the State Board of Education to modify its policies relative to the disposition of used textbooks.

HR 1049. By Representatives Bannister of the 62nd, Barnett of the 59th, Goodwin of the 63rd, Breedlove of the 60th, Jackson of the 9th and others:
A resolution urging the Gwinnett County Chamber of Commerce to create a Gwinnett County Private Sector Survey Committee on Cost Control in County Government.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:

2322

JOURNAL OF THE HOUSE,

HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1798. By Representatives Irwin of the 13th, Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons, so as to provide that a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement or sheriffs vehicle.

Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 746 Do Pass, by Substitute
Respectfully submitted, /s/ Pinkston of the 100th
Chairman

Representative Mangum of the 57th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 622 Do Pass, by Substitute SB 671 Do Pass SB 708 Do Pass

SB 495 Do Not Pass SR 457 Do Pass, as Amended

Respectfully submitted, /s/ Mangum of the 57th
Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

MONDAY, MARCH 5, 1990

2323

SB 545 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the
Senate and has instructed me to report the same back to the House with the following recommendations:

SB 443 Do Pass, as Amended
SB 553 Do Pass, by Substitute SB 586 Do Pass, by Substitute

SB 727 Do Pass SB 735 Do Pass, as Amended

Respectfully submitted, /s/ Thomas of the 69th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 705 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 27th
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

2324

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 6, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Wesley E. Greene, Sr., Assistant Pastor, Shiloh Baptist Church, Jonesboro, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 2085. By Representatives Byrd of the 153rd, Fennel of the 155th, Moody of the 153rd, Smith of the 152nd and Dixon of the 151st: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor.
Referred to the Committee on Judiciary.
HB 2086. By Representative Brown of the 88th: A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act of 1978," so as to require permit applicants to comply with certain additional toxic air pollutant emissions standards; to provide for certain toxicity data evaluation; to provide for determination of toxic impact.
Referred to the Committee on Natural Resources & Environment.

TUESDAY, MARCH 6, 1990

2325

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 2079
HB 2080 HB 2081 HB 2082 HB 2083 HB 2084 SB 112

SB 760
SB 761 SB 762 SB 763 SB 764 SB 765

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1000 Do Pass SB 681 Do Pass
Respectfully submitted, Is/ Watson of the 114th
Chairman

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 714 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 2072 Do Pass HB 2073 Do Pass HB 2074 Do Pass HB 2075 Do Pass HB 2076 Do Pass SB 442 Do Pass

SB 614 Do Pass SB 686 Do Pass, by Substitute SB 756 Do Pass SB 757 Do Pass SB 758 Do Pass

2326

JOURNAL OF THE HOUSE,

Respectfully submitted,
/s/ Lane of the 27th Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, MARCH 6, 1990
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
HR 569 Cert, of Need for Traumatic Brain Injury Facilities Study Com. HR 960 Firearms; General Assembly Regulate
SB 58 Probate Courts Ret. Fund; Secretary-Treasurer; Credit SB 79 Superior Ct. Jdgs. Ret./Trial Jdgs./Solicitors Ret.; Membership SB 238 Child Custody Cases; Appeal Procedures SB 248 Drivers' License; Suspension; Notify Public Safety Dept. SB 312 Emp. Ret.; Ga. Fed-State Shipping Point Insp. Serv.; Cred. Serv. SB 335 Atlanta, City of; Traffic Offenses; Penalty SB 443 Adoption; Revise Provisions SB 637 Disabled Veterans; Design of License Plates SB 662 Mtr. Veh. Accident Insurance; Reduced Premium; Honor Students SB 663 Former POW Recognition Day; Designate April 9 SB 668 Prof. Couns., Soc. Work, Marriage/Family Therapists; Termination SB 691 Warehousemen; License Requirements SB 699 Public Records; Computer Programs or Software; Exceptions SB 707 State Property; Acquisition; Time for Recording SB 708 QBE; Staff/Professional Development Stipends; Funds SB 727 Glynn Co. Superior Court; Brunswick Judicial Cir.; Term SB 735 Plat; Regulations; Land Sales; Recording SB 741 Salt-Water Fishing; License Fees SB 746 Disposition of Unclaimed Property Act; Provide SB 750 Health Insurance; Mammograms and Pap Smears; Coverage
SR 380 "Motorcycle Awareness and You Month"; Recognize SR 410 Chatham County; Certain Property; Acquisition SR 414 Comm. on Parks; Rec., Hist. Preserv. and Nat. Areas; Create SR 416 Crime Prevention Systems; Urge Implementation SR 432 Gasoline Service Stations; Cert. Req.; Applicability
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 2072.

By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Benefield of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

TUESDAY, MARCH 6, 1990

2327

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2073.

By Representative Heard of the 43rd:
A bill abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the compensation of the judge of the Probate Court of Fayette County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2074.

By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner of Fayette County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2075.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2076.

By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to provide for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

2328

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

SB 442. By Senator Egan of the 40th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to change the provisions relating to the selection of the chairman and provide for the election of the chairman by the qualified electors of the county; to change certain provisions relating to qualifications; to change certain provisions relating to vacancies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 614. By Senator Foster of the 50th:
A bill to amend an Act creating a new charter for the City of Dahlonega so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen; to provide for the authority for this Act.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 686. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and providing that there shall be eight Aldermen of the City of Savannah and providing for the election of said Aldermen, as amended, so as to change the provisions relating to Aldermanic Districts; to provide for one at-large Alderman who shall also be the Vice-Mayor.

The following Committee substitute was read and adopted:

A BILL
To amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and providing that there shall be eight Aldermen of the City of Savannah and providing for the election of said Aldermen, approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended by an Act approved March 14, 1983 (Ga. L. 1983, p. 3827), and by an Act approved March 21, 1989 (Ga. L. 1989, p. 3820), so as to change the provisions relating to Aldermanic Districts; to provide for one at-large Alderman who shall also be the Vice-Mayor; to provide for the powers and duties of the ViceMayor; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and providing that there shall be eight Aldermen

TUESDAY, MARCH 6, 1990

2329

of the City of Savannah and providing for the election of said Aldermen, approved March 17, 1978 (Ga. L. 1978, p. 3998), as amended by an Act approved March 14, 1983 (Ga. L. 1983, p. 3827), and by an Act approved March 21, 1989 (Ga. L. 1989, p. 3820), is amended by striking subsections (a), (b), and (c) of quoted Section 2 of Section 1 of said Act in their entirety and substituting in lieu thereof new subsections (a), (b), and (c) of quoted Section 2 to read as follows:
"(a) (1) The government of the City of Savannah and all corporate rights, powers, and privileges and all duties, obligations, and liabilities of said city are vested in the Mayor and Aldermen, and the Board of Aldermen of said city shall consist of eight members, one of whom shall also serve as Vice-Mayor as provided in paragraph (3) of this subsection.
(2) The Mayor may reside anywhere within the city and shall be elected by majority vote of the voters of the city at large voting at the elections provided for in subsection (d) of this section.
(3) There shall be one at-large Alderman who may reside anywhere within the corporate limits of the City of Savannah and who shall be elected by a majority vote of the voters of the city at large voting at the elections provided for in subsection (d) of this section. The at-large Alderman shall also serve as the Vice-Mayor of the city. The Mayor may designate the Vice-Mayor to serve as the Mayor's representative at any function, event, or ceremony within or outside of the city. The Vice-Mayor may carry out such additional duties as may be authorized by ordinance of the Mayor and Board of Aldermen. The Vice-Mayor shall be a full voting member of the Board of Aldermen. When the Mayor is absent from a meeting of the Mayor and Board of Aldermen, the Vice-Mayor shall preside at such meeting and shall be eligible to vote at such meeting as a member of the Board of Aldermen. The Vice-Mayor shall fill a vacancy in the office of Mayor as provided in subsection (c) of this section.
(4) For the purpose of electing the remaining seven Aldermen, there shall be seven Aldermanic Districts, and there shall be one Alderman from each such district. An Alderman from an Aldermanic District shall have been a resident of the respective district for at least six months immediately preceding the date of the Alderman's election and shall remain a resident of such district during the term of office. Each Alderman from an Aldermanic District shall be elected by a majority vote of the voters voting within the respective district at the elections provided for in subsection (d) of this section. The seven Aldermanic Districts of the City of Savannah shall be composed of portions of territory of Chatham County lying within the corporate limits of said city as follows:
Aldermanic District No. 1

Chatham Tracts 1 and 6.01 Tract 6.02 Block Groups 1 and 2 Blocks 302 through 305, 308, 309, and 312 through 321 That part of Block 325 within the City of Savannah Tracts 12 and 17 Tract 23 Block Group 1 Blocks 201 through 207 Tract 24 Blocks 107 through 109 and 120 Blocks 201 and 213 Tract 32 Tract 33.01 Block Groups 1 and 3

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Tract 33.02 Blocks 202 through 217 That part of Block 220 within the City of Savannah
Tract 105 Block 103 That part of Block 203 within the City of Savannah Those parts of Blocks 924, 927, and 989 within the City of Savannah Block 990 That part of Block 992 within the City of Savannah
Tract 106.04 That part of Block 104 within the City of Savannah Block 106 Those parts of Blocks 107 and 111 within the City of Savannah Blocks 113 and 114 That part of Block 115 within the City of Savannah Block 116 That part of Block 117 within the City of Savannah Block 118 Block 208 That part of Block 213 within the City of Savannah Blocks 215 through 217 That part of Block 218 within the City of Savannah Blocks 219 through 221 That part of Block 222 within the City of Savannah
Tract 106.05 That part of Block 304 within the
City of Savannah
Those parts of Blocks 916 and 917
within the City of Savannah
Block 918
Tract 107
Those parts of Blocks 977, 980, and
981 within the City of Savannah
Tract 108.01
That part of Block 401 within the
City of Savannah
Aldermanic District No. 2

Chatham Tract 13 Block Groups 2 and 3 Tracts 18 and 19 Tract 21 Blocks 211, 212, 215, and 219 through 221

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2331

Tract 22 Block Groups 1 through 4 Blocks 501 through 504 and 510 through 513 Block 612
Tract 24 Blocks 101 through 106 and 110 through 119 Blocks 202 through 212 and 215 through 220 Blocks 301 through 305, 308 through 316, and 318 through 321
Tract 25 Tract 26
Blocks 106 through 118 Block Groups 2 and 3 Tract 27 Block Groups 1 through 3 Blocks 401 through 419 Tract 29 Blocks 101 through 125 Blocks 505 through 510 and 513
through 516 Tract 30
Block Group 1 Blocks 304 through 324 Tract 35.01 Blocks 101 through 107 Tract 37 Blocks 210, 211, and 214 through 217 Blocks 301 through 305
Aldermanic District No. 3
Chatham Tracts 3, 3.99, and 8 through 11 Tract 13 Block Group 1 Tracts 15 and 20 Tract 21 Block Group 1 Blocks 201 through 210, 213, 214,
and 216 through 218
Block Groups 3 and 4
Tract 22
Blocks 505 through 509 and 514
Blocks 601 through 603 and 605
through 611
Tract 26
Blocks 101 through 105
Tract 27
Blocks 420 through 423
Tract 37
Blocks 306 through 313
Tract 101.01
Blocks 103 and 104

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That part of Block 105 within the City of Savannah
Blocks 109 and 110 Block Groups 2 and 3
Aldermanic District No. 4
Chatham Tract 23 Blocks 208 through 213 Block Groups 3 and 4 Tract 24 Block 214 Blocks 306, 307, and 317
Tract 28 Tract 29
Blocks 126 through 129 Block Groups 2 through 4
Blocks 501 through 504 Tract 30
Block Group 2 Blocks 301 through 303 Tracts 34 and 44 Tract 45 Blocks 101 and 106 through 112 That part of Block 113 within the
the City of Savannah Blocks 117 through 125 Blocks 201 through 205 That part of Block 206 within the
City of Savannah Blocks 207 through 215 Block Groups 3 and 4 That part of Block 501 within the
City of Savannah Blocks 502 and 504 through 522 That part of Block 523 within the
City of Savannah
Aldermanic District No. 5
Chatham Tract 35.01 Blocks 108 and 109 Block Groups 2 through 5 Tract 35.02 Tract 36.01 Those parts of Blocks 101 and 103 within the City of Savannah Blocks 105 through 114 Block Groups 2 through 6 Tract 36.02 That part of Block 101 within the City of Savannah Blocks 103 through 109 and 111 Block Groups 2 through 6 Tract 37 Block Group 1 Blocks 201, 203 through 209, 212, and 213

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2333

Tract 38 That part of Block 101 within the City of Savannah Blocks 102 through 104 and 106 through 111 Block Groups 2 and 3
Tract 101.01 Block 410 That part of Block 411 within the City of Savannah
Aldermanic District No. 6
Chatham Tract 42.02 That part of Block 101 within the City of Savannah lying north of Turtle Creek Road and its intersection with an unnamed creek that flows southeasterly to the Vernon River Blocks 122, 123, 138, and 139 Blocks 201 through 203, 207, and 208 Tracts 42.03 and 42.04 Tract 109 Blocks 101 through 109, 120, and 150 That part of Block 301 within the City of Savannah Blocks 303 and 304 Block 401 Block 901
Aldermanic District No. 7
Chatham Tract 39 Block Groups 1 through 3 Tracts 40.01 and 40.02 Tract 42.02 That part of Block 101 within the City of Savannah lying south of Turtle Creek Road and its intersection with an unnamed creek that flows southeasterly to the Vernon River Blocks 102 through 121, 133, 134, 136, and 140 Blocks 204 through 206 and 209 through 222 Tract 43
(5) For the purposes of paragraph (4) of this subsection, the terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. Any portion of the corporate limits of the City of Savannah which is not included in any Aldermanic District described in paragraph (4) of this subsection shall be included within that Aldermanic District contiguous to such portion which contains the least population according to the United States decennial census of 1980.

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(b) The first Mayor and Board of Aldermen provided for in subsection (a) of this section and future successors shall be elected for four-year terms and until their successors are elected and qualified at the elections provided for in subsection (d) of this section. The Mayor and Aldermen shall be nominated and elected in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code.'
(c) (1) In the event of a vacancy in the office of Mayor when the remaining term of office is more than two years, such vacancy shall be filled for the unexpired term by special election. Pending the filling of such vacancy by special election, the ViceMayor shall exercise the powers and duties of the Mayor.
(2) In the event of a vacancy in the office of Mayor when the remaining term of office is two years or less, the Vice-Mayor shall succeed to the office of Mayor and shall be the Mayor of the city for the remaining term of office. When the Vice-Mayor succeeds to the office of Mayor to fill a vacancy as provided in this paragraph, the Vice-Mayor shall receive the compensation of the Mayor and shall be vested with all powers and duties of the Mayor as if the Vice-Mayor had been elected to the office of Mayor. During a period when the Vice-Mayor has succeeded to the office of Mayor to fill a vacancy as provided in this paragraph, the Board of Aldermen shall consist of seven members. Such seven-member Board of Aldermen shall by majority vote elect one of their number to serve as acting Vice-Mayor during the period of time that the Vice-Mayor has succeeded to the office of Mayor.
(3) If a vacancy occurs on the Board of Aldermen for any reason, except for the Alderman serving as Vice-Mayor succeeding to the office of Mayor as provided in paragraph (2) of this subsection, and the remaining term of office is more than two years, such vacancy shall be filled for the unexpired term by special election, and if the remaining term of office is two years or less, such vacancy shall be filled by the Mayor and the remaining members of the Board of Aldermen electing a qualified person to fill such vacancy for the unexpired term.
(4) A special election to fill a vacancy shall be held within the Aldermanic District wherein the vacancy occurs or if the vacancy is in the office of Mayor or in the office of the at-large Alderman who also serves as Vice-Mayor, such special election shall be held in the city at large. A special election to fill a vacancy shall be called within 15 days after the date the vacancy occurs and shall be held not less than 30 nor more than 45 days after the issuance of the call. Any such special election shall be held and conducted in accordance with the applicable provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the 'Georgia Municipal Election Code.'
(5) Any person elected to fill a vacancy at a special election or by the Mayor and Board of Aldermen shall possess the qualifications to hold the office wherein the vacancy exists."
Section 2. This Act shall be effective on April 1, 1991, as necessary for the nomination and election of the Mayor and Board of Aldermen of the City of Savannah at the municipal primaries and elections held in 1991. This Act shall be effective for all purposes on January 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 756. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the judges of the second division of the State Court of Cobb County; to provide for an effective date.

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2335

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 757. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the compensation of the solicitor and assistant solicitors; to provide for related matters; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 758. By Senator Brannon of the 51st:
A bill to authorize the creation and funding of an enhanced emergency telephone number 911 system special district within the corporate boundaries of Gordon County; to provide a short title; to provide for definitions; to provide for the district's governing authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 947. By Representatives Dobbs of the 74th, Alford of the 57th and Green of the 106th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment.

HB 1128.

By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Lawson of the 9th and Griffin of the 6th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an additional class of insurance; to change capital stock or surplus requirements for the qualification of an original certificate of authority; to change the minimum surplus requirements for insurers when first authorized to transact business in this state.

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JOURNAL OF THE HOUSE,

HB 1249.

By Representatives Colwell of the 4th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to the coordinate system for defining, designating, and stating with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, so as to provide for applicability of the Georgia Coordinate System provided for by an Act approved March 6, 1945.

HB 1383. By Representatives Green of the 106th, Childers of the 15th, Ricketson of the 82nd, Parham of the 105th and Parrish of the 109th:
A bill to amend Article 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health agencies, so as to change a certain term; to clarify the scope of home health agency service areas which are exempt from a certificate of need.

HB 1397.

By Representatives Baker of the 51st, Oliver of the 53rd, Robinson of the 96th, Simpson of the 70th and Pettit of the 19th:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide for an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located; to provide that an evasive or incomplete answer shall be treated as a failure to answer.

HB 1415.

By Representatives Parrish of the 109th, Cummings of the 17th, Baker of the 51st and Clark of the 13th:
A bill to amend Code Section 47-20-36 of the Official Code of Georgia Annotated, relating to reports of actuarial investigations on retirement bills having a fiscal impact, so as to change the date for the completion of such actuarial investigations.

HB 1513.

By Representatives Orrock of the 30th, Aaron of the 56th, Dixon of the 128th, Cummings of the 134th, Thomas of the 31st and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to authorize an employee in the classified service who has accumulated sick leave to utilize such sick leave at any time such employee is sick; to require an employee to telephone the appropriate authority each day when such employee is absent from work on sick leave.

HB 1517.

By Representative Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to repeal Article 13 thereof, relating to suspending and reopening local school systems.

HB 1616. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to the place of detention of juvenile offenders, so as to change the facilities in which certain unruly children may be detained and the conditions regarding such detention.

TUESDAY, MARCH 6, 1990

2337

HB 1632. By Representatives Murphy of the 18th, Groover of the 99th and Walker of the 115th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.

HB 1635. By Representative Parrish of the 109th:
A bill to amend Code Section 47-10-100 of the Official Code of Georgia Annotated, relating to retirement age and benefits under the "Trial Judges and Solicitors Retirement Fund Act," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.

HB 1654. By Representative Reaves of the 147th:
A bill to amend Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, so as to change the penalty for mislabeling products.

HB 1807.

By Representatives Milam of the 81st, Alford of the 57th, Davis of the 72nd and Bishop of the 94th:
A bill to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to float a vessel on certain lakes with a toilet that is not designed for no discharge and to fail to display a certificate of compliance; to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the "Georgia Boat Safety Act," so as to expand the definition of "protected fresh waters".

HB 1957. By Representative Dobbs of the 74th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for the collection and disposal of sewage from flush toilets used at construction sites and special events.

HB 1292.

By Representatives Hamilton of the 124th, Johnson of the 123rd, Pannell of the 122nd, Mueller of the 126th, Dixon of the 128th and others:
A bill to increase the amount of the homestead exemption from Chatham County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Chatham County actually occupied by the owner as a residence and homestead.

HB 1579.

By Representatives Pannell of the 122nd, Dixon of the 128th, Hamilton of the 124th, Johnson of the 123rd and Mueller of the 126th:
A bill to amend an Act authorizing the Board of Public Education for the City of Savannah and the County of Chatham to adopt, establish, and administer a system of pensions for old age and disabilities of its teachers and employees, so as to change the provisions relating to the retirement board.

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HB 1648. By Representatives Mueller of the 126th, Hamilton of the 124th, Alien of the 127th, Kingston of the 125th and Dixon of the 128th:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide that the chairman of the Board of Commissioners of Chatham County shall not serve more than two consecutive terms.

HB 1649.

By Representatives Mueller of the 126th, Hamilton of the 124th, Alien of the 127th, Kingston of the 125th and Dixon of the 128th:
A bill to amend an Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the Mayor shall not serve more than two consecutive terms.

HB 1902.

By Representatives Clark of the 20th, Vaughan of the 20th, Aiken of the 21st, Howren of the 20th, Ehrhart of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain titles; to provide for a definition; to delete certain obsolete provisions.

HB 1933.

By Representatives Alien of the 127th, Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and Mueller of the 126th:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to authorize the judges of the Magistrate Court of Chatham County to set aside a certain portion of the filing fees to fund a mediation service.

HB 1937.

By Representatives Alien of the 127th, Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd and Mueller of the 126th:
A bill to amend an Act creating the State Court of Chatham County, so as to require the clerk of said court to set aside a certain portion of filing fees to fund a mediation service.

HB 1972. By Representative Carrell of the 65th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the date of municipal elections; to provide for election of the mayor and councilmembers.

HB 1973. By Representative Carrell of the 65th: A bill to provide a new charter for the City of Jersey.

HB 1975. By Representative Carrell of the 65th:
A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain disabled residents of that school district who have annual incomes not exceeding $15,000.00.

HB 1976. By Representative Carrell of the 65th:
A bill to provide a $20,000.00 homestead exemption from Social Circle School District ad valorem taxes for educational purposes for certain residents of that school district who have certain annual incomes not exceeding $15,000.00 and who are 65 years of age or over.

TUESDAY, MARCH 6, 1990

2339

HB 1997. By Representatives Dover of the llth, Jamieson of the llth and McDonald of the 12th:
A bill to amend an Act providing a salary for the coroner of Banks County, so as to change the compensation of the coroner.

HB 1999.

By Representative Porter of the 119th:
A bill to amend an Act providing a new charter for the Town of East Dublin, so as to provide that three members of the city council shall be elected by district and two members shall be elected at large.

HB 2003.

By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to amend an Act creating a new board of commissioners of Cherokee County, so as to provide for a code of ethics for the members of the governing authority of Cherokee County; to provide for the creation of an independent Board of Ethics of Cherokee County.

HB 2005. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act establishing the "Clayton County Commission on Children and Youth," so as to change the membership of the commission; to change the date on which the commission is abolished.

HB 2008. By Representative Heard of the 43rd:
A bill to amend an Act repealing and replacing the charter of the Town of Tyrone, so as to change the qualifications and terms of the mayor and council; to change the date of the municipal election.

HB 2010. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act incorporating the City of Sky Valley, so as to authorize the retention of staggered two-year terms of office.

HB 2011.

By Representative Jenkins of the 80th:
A bill to provide a $2,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for certain individuals; to provide an additional $4,000.00 homestead exemption from ad valorem taxes of the City of Forsyth for individuals 65 years of age or older.

HB 2039. By Representative Carrell of the 65th:
A bill to amend an Act providing for a homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county, so as to change the definition of "homestead"; to increase the homestead exemption from Walton County School District ad valorem taxes for educational purposes for certain residents of that county.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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HB 256. By Representative Porter of the 119th:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, and to amend Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property.

HB 1139.

By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.

HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st, McKinney of the 40th, Sinkfield of the 37th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy.

HB 1323.

By Representatives Thompson of the 20th, Smyre of the 92nd, Oliver of the 53rd, Richardson of the 52nd, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to provide for the office of state medical examiner and provide for the appointment, qualifications, and duties of that office; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain requirements for coroners.

HB 1622. By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for definitions; to authorize the commissioner of revenue to enter into certain cooperative reciprocal agreements with other states, the District of Columbia, and states or provinces of foreign governments pertaining to registration and licensing of commercial vehicles.

HB 1813. By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

TUESDAY, MARCH 6, 1990

2341

HB 1446. By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws.

HB 1629. By Representatives Watts of the 41st, McKelvey of the 15th, Twiggs of the 4th, Moody of the 153rd, Redding of the 50th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, so as to change the record requirements of a licensed taxidermist; to provide for resident and nonresident taxidermist licenses and license fees.

HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00.

HB 1009. By Representative Dixon of the 128th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler.

HB 1835. By Representatives Johnson of the 123rd, Mueller of the 126th, Hamilton of the 124th, Kingston of the 125th, Dixon of the 128th and others:
A bill to provide for the Savannah-Chatham County Anti-Drug Commission, a body corporate and politic; to authorize such commission to take such actions and do such things as it shall deem necessary and proper to deter and control, with the intent to ultimately reduce, or eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled substances.

The Senate has agreed to the House substitute to the following Bills of the Senate:

SB 230. By Senators Coleman of the 1st, Dean of the 31st and Allgood of the 22nd:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to define certain terms; to change certain provisions relating to examinations; to change parameters of what constitutes the practice of architecture.

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JOURNAL OF THE HOUSE,

SB 354. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons.

SB 440. By Senator Newbill of the 56th:
A bill to amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools.

SB 575. By Senator English of the 21st:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the "Georgia Farm Animal and Research Facilities Protection Act"; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide the penalties for such offenses.

SB 600. By Senators Pollard of the 24th and Deal of the 49th:
A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to provide that, except as otherwise provided, any county officer shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecoming the office, demanding excessive costs, or misfeasance or malfeasance in office.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 28. By Senators Barnes of the 33rd and Kennedy of the 4th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term "peace officer"; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility.

SB 570. By Senators Scott of the 2nd, Langford of the 35th and Albert of the 23rd:
A bill to amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:

TUESDAY, MARCH 6, 1990

2343

HR 588. By Representatives Birdsong of the 104th and Moody of the 153rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991.

HR 692. By Representatives Lawson of the 9th, Ware of the 77th, Griffin of the 6th, Ricketson of the 82nd, Brown of the 88th and others:
A resolution creating the Joint Outpatient Drug Treatment Study Committee.

The Senate recedes from its amendment to the following Bill of the House:

HB 1634.

By Representatives Williams of the 48th, Linder of the 44th, Tolbert of the 58th, Lawrence of the 49th, Richardson of the 52nd and others:
A bill to provide for the determination of the millage rate by the governing authorities of DeKalb County and the DeKalb County School District; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of DeKalb County.

The Senate recedes from its disagreement to the House substitute and agrees to the House substitute:

SR 116. By Senators Parker of the 15th, Scott of the 2nd and Deal of the 49th:
A resolution proposing an amendment to Article II, Section II, of the Constitution, so as to provide that persons convicted of certain crimes during the term of and relating to their office or appointment shall be ineligible to hold any office or appointment unless those persons are granted certain pardons; to provide for the submission of this amendment for ratification or rejection.

The Senate has agreed to the House amendment to the Senate amendment #2 to the following Bill of the House:

HB 1360.

By Representatives Jackson of the 9th and Thomas of the 69th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uniform rules of the road.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 1180.

By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the definition of the term "passenger vehicle".

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

2344

JOURNAL OF THE HOUSE,

HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Transportation:

SB 112. By Senator Shumake of the 39th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", as amended, so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes; to provide an effective date.

The following Resolutions of the House, favorably reported by the Committee on Agriculture and Consumer Affairs, were read and adopted:

HR 961. By Representatives Reaves of the 147th, Balkcom of the 140th and Holland of the 136th:
A resolution urging the continuation of the federal crop insurance program.

HR 962. By Representatives Reaves of the 147th, Balkcom of the 140th and Holland of the 136th:
A resolution urging changes in certain provisions of the federal 1990 farm bill relative to peanuts.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House:

HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A resolution authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia.

The following communication was received and read:

Glenn W. Ellard Clerk State Capitol Atlanta, GA 30334

House of Representatives Atlanta, Georgia
March 6, 1990

TUESDAY, MARCH 6, 1990

2345

Dear Mr. Ellard:
Please lock my machine today as I have been called away. I should be back late in the day.
Thank You, /s/ Jack
Jack Kingston
JK/sk

By unanimous consent, all Bills and Resolutions of the Senate, passed or adopted today, as amended or by substitute, were ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 1139. By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.

The following Senate amendments were read:

SENATE AMENDMENT No. 1
Amend HB 1139 by striking on Page 2, line 8, the words "assessed and",
and
Strike on Page 2, lines 12 and 13, the words "By the tenth day of the month following the month in which such sums are collected",
and
Insert the words "upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid by installments".

SENATE AMENDMENT No. 2
Amend HB 1139 on page one, line 24 by inserting after "to" the following language: "ten percent of so that as amended, 15-21-100 (a) would read as follows:
"In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, or 16-13-31, which offenses relate to certain activities regarding marijuana, controlled substances and noncontrolled substances, there shall be imposed as an additional penalty a sum equal to ten percent of the original fine."

Representative Childers of the 15th moved that the House disagree to the Senate amendments to HB 1139.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

2346

JOURNAL OF THE HOUSE,

HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.

Representative Cummings of the 17th moved that the House insist on its position in disagreeing to the Senate amendment to HB 738 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Parrish of the 109th, Baker of the 51st and Davis of the 45th.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

HB 1323. By Representatives Thompson of the 20th, Smyre of the 92nd, Oliver of the 53rd, Richardson of the 52nd, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to provide for the office of state medical examiner and provide for the appointment, qualifications, and duties of that office; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain requirements for coroners.

The following Senate amendment was read:

Amend HB 1323 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so".
By adding on line 4 of page 3 between the second semicolon and the word "to" the following:
"to provide that a certain office shall be established only upon funding; to provide for certain appointments if such office is not funded;".
By striking lines 7 through 32 of page 3 and lines 1 through 32 of page 4 and inserting in lieu thereof the following:
"Section 1. Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, is amended by adding at the end of said chapter a new Article 6 to read as follows:
'ARTICLE 6
45-13-100. (a) There is created the office of state medical examiner, and, as used in this article, the term "office" shall mean the office of state medical examiner. The office of state medical examiner is assigned to the office of the Secretary of State for

TUESDAY, MARCH 6, 1990

2347

administrative purposes only. No person may be a state medical examiner unless that person at the time of appointment:
(1) Is a pathologist certified in forensic pathology by the American Board of Pathology; and
(2) Has at least three years of full-time experience as a medical examiner.
(b) The state medical examiner shall be appointed by the Governor from a list of three candidates to be submitted by the Medical Examiner Advisory Commission and shall have the following duties:
(1) To establish death investigation regions throughout the state and establish policy concerning the requirements for appointment of, and operation policy of, regional medical examiners to oversee death investigation activities in each established region;
(2) To appoint regional medical examiners;
(3) To appoint local medical examiners after consulting with local county officials;
(4) To appoint forensic consultants;
(5) To organize and conduct regular educational sessions for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy;
(6) To maintain permanent death investigation records for all jurisdictions in the state;
(7) To establish death investigation policies and guidelines for coroners and medical examiners;
(8) To cooperate with other state agencies, as appropriate, to ensure public health and safety; and
(9) To remove local medical examiners, regional medical examiners, and forensic consultants from appointment, upon approval by the Governor.
(c) The office of state medical examiner shall be a budget unit as defined in paragraph (8) of Code Section 45-12-71; provided, however, that the office shall be assigned for administrative purposes only to the office of Secretary of State.
(d) The first state medical examiner shall be appointed on or before July 1, 1990. During any vacancy in the position of state medical examiner after that date, the Governor shall, with the advice and consent of the Medical Examiner Advisory Commission, immediately appoint a forensic pathologist currently serving as a medical examiner in Georgia as the acting state medical examiner to serve until appointment of a state medical examiner.
(e) There is created the Medical Examiner Advisory Commission consisting of the following individuals:
(1) The commissioner of human resources;
(2) A district attorney;
(3) A defense attorney;"
By striking lines 12 through 14 of page 5 and inserting in lieu thereof the following:
"(f) The commissioner of human resources shall be an ex officio voting member of the commission and shall serve while holding his state office. The two licensed physicians shall be appointed by the Governor. All other members".

2348

JOURNAL OF THE HOUSE,

By redesignating subsections (f) through (i) on page 6 as subsections (g) through (j).
By striking from lines 26 through 28 of page 6 and inserting in lieu thereof the following:
"(k) The Medical Examiner Advisory Commission shall recommend to the Governor three candidates for appointment as the state medical examiner, and the Governor shall appoint one of the three candidates as the state medical examiner.'"
By striking line 8 of page 12 and inserting in lieu thereof the following:
"45-13-100."
By striking line 7 of page 36 and inserting in lieu thereof the following:
"such approval. The office of state medical examiner shall be established only upon funding by the General Assembly. The remaining provisions of this Act shall".
By adding between lines 8 and 9 of page 36 a new Section 7 to read as follows:
"Section 7. In the event that this Act becomes law and funds have not been appropriated by the General Assembly for the office of the state medical examiner, then until such funds are appropriated, the director of the division shall authorize one or more licensed physicians or pathologists at convenient locations throughout the state to act as medical examiners in performing post-mortem examinations or autopsies. The director of the division shall confer with local county officials in making such appointments."
By redesignating Section 7 on line 9 of page 36 as Section 8.

Representative Thompson of the 20th moved that the House disagree to the Senate amendment to HB 1323.
The motion prevailed.

HB 1720.

By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to provide that a local political subdivision shall not request a service from the Department of Administrative Services unless such political subdivision is unable to procure such service at the local level from the private sector at competitive prices; to provide for the award of certain contracts by competitive sealed bidding and the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of certain provisions shall be liable for the cost thereof; to require district health directors and county boards of health to award certain contracts in accordance with the procedures of said part; to provide that the utilization

TUESDAY, MARCH 6, 1990

2349

of services of the Department of Administrative Services shall not be required in the bidding and award of contracts by district health directors and county boards of health; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, is amended by striking in its entirety Code Section 50-5-15, relating to the provision of administrative services to local political subdivisions, and inserting in lieu thereof a new Code Section 50-5-15 to read as follows:
"50-5-15. Any other provision of this chapter notwithstanding, the Department of Administrative Services is authorized to provide any administrative service which it normally provides to the various departments, agencies, and institutions of the state under the authority of this chapter to any local political subdivision within the state. The provision of one or more such administrative services to any or all political subdivisions shall be at the sole discretion of the commissioner of administrative services and such services shall only be rendered after a request for such services from the governing body of the local political subdivision; provided, however, that no governing body of a local political subdivision shall request a service unless the political subdivision is unable to procure such service at the local level from the private sector at competitive prices."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 50-5-67, relating to the advertisement for bids, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this Code section, if contracts exceeding $10,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $6,000.00 $50,000.00, sealed bids shall be solicited by advertisement in a newspaper of state-wide circulation at least once and at least ten days prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit bids directly by mail from reputable owners of supplies in all cases where the total requirement will exceed $6,000.00 $10,000.00. When it appears that the use of competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions:
(1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state;
(2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding; (4) Proposals shall be opened in the same manner as competitive sealed bids. A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation factors; (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable offerers who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerers; and (7) The award shall be made to the responsible offerer whose proposal is determined in writing to be the most advantageous to the state, taking into consideration

2350

JOURNAL OF THE HOUSE,

price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made."
Section 3. Said chapter is further amended by striking Code Section 50-5-79, relating to certain void purchase contracts and the liability of public officers with respect to such contracts, in its entirety and inserting in lieu thereof a new Code Section 50-5-79 to read as follows:
"50-5-79. Whenever any department, institution, or agency of the state government required by this part and the rules and regulations adopted pursuant thereto applying to the purchase of supplies, materials, or equipment through the Department of Administrative Services shall contract for the purchase of such supplies, materials, or equipment contrary to this part or the rules and regulations made hereunder, such contract shall be void and of no effect. If any official of such department, institution, or agency willfully purchasesj or causes to be purchased, any supplies, materials, or equipment contrary to this part or the rules and regulations made hereunder, th executive officer ef such department, institution, or agency such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor."
Section 4. Said chapter is further amended by adding following Code Section 50-5-81 a new Code Section 50-5-82 to read as follows:
"50-5-82. A district health director or county board of health may not enter into any contract for the lease, rental, or purchase of supplies, materials, equipment, or services unless the contract is let or awarded in accordance with the provisions of this article; provided, however, that in bidding and awarding any such contract the county board of health shall not be required to utilize the services of the Department of Administrative Services but may conduct such bidding and award on its own behalf."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Colwell of the 4th moved that the House disagree to the Senate substitute to HB 1720.
The motion prevailed.

Representative Ricketson of the 82nd arose to a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 766. By Senators Ragan of the 32nd, Clay of the 37th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the number of assistant solicitors; to provide that one of such assistant solicitors shall be assigned to the Cobb County Adult Detention Center; to provide for related matters; to provide an effective date.

TUESDAY, MARCH 6, 1990

2351

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

HB 1396. By Representatives Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd, Kingston of the 125th and Pannell of the 122nd:
A bill to create the Intergovernmental Council of Chatham County.

HB 1856.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to provide for the compensation and allowances of the commissioner; to provide that the commissioner shall set the compensation of his staff.

HB 1980.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the State Court of Rockdale County, so as to change the provisions relating to the salary of the judge of said court.

HB 1981.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the judge of the probate court.

HB 1982.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the provisions relating to the compensation of the chairman and the other members of the board of commissioners.

HB 1983.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the provisions relating to the annual salary of the chief magistrate.

HB 1985. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.

HB 1989.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the provisions relating to the salary of the tax commissioner.

2352

JOURNAL OF THE HOUSE,

HB 1990.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the provisions relating to the compensation of the clerk of the superior court.

By unanimous consent, the following Bill of the Senate was introduced, read the first time and referred to the committee:

SB 766. By Senators Ragan of the 32nd, Clay of the 37th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the number of assistant solicitors; to provide that one of such assistant solicitors shall be assigned to the Cobb County Adult Detention Center; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 414. By Senator Kennedy of the 4th:
A resolution creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell
Carrell

Y Carter
Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L
Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis.C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee

Good win Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren
Y Hudson Ylrwin
laakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore E Kingston
Lane.D
YLane.R Y Langford Y Lawrence

Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum
Martin
Y McCoy McDonald
Y McKelvey McKinney.B McKinney.C
Y Meadows Milam
Y Mobley
Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston

YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson
Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F
Stancil,S Y Stanley Y Steele Y Stephens Y Streat YTeper
Y Thomas,C Y Thomas,M Y Thompson

TUESDAY, MARCH 6, 1990

2353

Y Thurmond Y Titus YTolbert Y Townsend

Y Twiggs YVaughan Y Waddle
Walker.C

Walker.L Y Wall Y Ware Y Watson

Y Watts White Wilder
Y Williams.B

Y Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolution of the House was read and adopted:

HR 1051. By Representative Pettit of the 19th: A resolution expressing regret at the passing of Mrs. Frances Weinman Luro.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1350.

By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.

Representative McDonald of the 12th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 374 Do Pass, as Amended
Respectfully submitted, Isl Adams of the 79th
Vice-Chairman

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was again taken up for consideration:

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JOURNAL OF THE HOUSE,

SB 693. By Senator Harris of the 27th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to change the provisions relating to the maintenance of securities deposits; to change the provisions relating to the maintenance of loss reserves.

The following amendment was read and lost:

Representative Ricketson of the 82nd moves to amend SB 693 as follows:
Amend to delete Sections 3 and 4 in their entirety.
The following amendment was read and withdrawn:
Representative Groover of the 99th moves to amend SB 693 as follows:
By striking Lines 6 thru 19 on Page 4 and inserting in lieu thereof the following:
"34-9-170. The same taxes provided for in Chapter 8 of Title 33 with regard to property and casualty insurers shall not apply to and shall not be imposed upon each fund established by a trade association or group of hospital authorities pursuant to this article; provided further no part of said fund nor any earnings thereof shall be distributed to any member of such association directly or indirectly except upon a dissolution of such fund and a surrender of the certificate of authority. In the event any distributions are made in violation of this prohibition, then the exemptions herein provided shall be terminated and the fund liable for premium taxes which would have been due except for this exemption.
By adding to Line 28 on Page 4 the following:
provided further no part of said fund nor any earnings thereof shall be distributed to any member of such association directly or indirectly except upon a dissolution of such fund and a surrender of the certificate of authority. In the event any distributions are made in violation of this prohibition, then the exemptions herein provided shall be terminated and the fund liable for premium taxes which would have been due except for this exemption.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken YAlford
Alien Y Athon Y Atkins
Y Bailey N Baker YBalkcom
Bannister Y Barfoot N Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beck YBenefield
Y Benn

Birdsong
Y Bishop Y Bostick
Y Branch YBreedlove Y Brooks Y Brown Y Buck
Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H
Y Clark,L

Coleman
Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dkon,H Y Dixon,S Y Dobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel

Y Floyd,J.M
Y Floyd,J.W Y Foster
N Godbee Y Goodwin Y Green
Greene Gresham
Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks

Y Howren
Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore E Kingston Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson Y Lee Y Linder
Y Long

TUESDAY, MARCH 6, 1990

2355

YLord Y Lucas Y Lupton Y Mangum N Martin YMcCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie

Y Mueller Y Oliver.C
Y 01iver,M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag
Porter Y Poston Y Powell

Y Randall
Y Ransom YRay
Y Reaves Y Redding Y Richardson N Ricketson Y Robinson N Royal
YSelman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T
Y Smith, W

YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend

YTwiggs Y Vaughan Y Waddle
Walker.C Walker,L Y Wall Y Ware Y Watson Y Watts White Wilder Y Williams.B Y Williams,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 154, nays 6. The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 1798. By Representatives Irwin of the 13th, Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons, so as to provide that a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement or sheriffs vehicle.

The following Senate substitute was read:

A BILL
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to authorize the quarterly installment purchase of license plates where the tag fee exceeds $40.00; to provide that a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement or sheriffs vehicle; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new paragraph (4) of subsection (a) of Code Section 40-2-30, relating to issuance of license plates, to read as follows:
"(4) When the fee prescribed for a license plate or revalidation decal exceeds $40.00, a tag agent shall be authorized to accept the application of the owner for the purchase of a license plate or revalidation decal if the application is accompanied by not less than 25 percent of the prescribed fee and a surety bond written by a surety company authorized to do business in this state, payable to the commissioner, or, in lieu thereof, if the owner of such vehicle has a corporate net worth in excess of $1 million as evidenced by a financial statement prepared by a certified public accountant, an irrevocable letter of credit from a financial institution, approved and accepted by the commissioner, in an amount equal to the unpaid balance of the prescribed fee and conditioned upon the payment of such balance in three equal installments on or before the first day of July, September, and December, respectively, of the calendar year in which the license plate or revalidation decal is applied for. This paragraph shall be applicable only to license plates

2356

JOURNAL OF THE HOUSE,

and revalidation decals purchased in calendar year 1990 and shall expire and be repealed in its entirety December 31, 1990.".
Section 2. Said chapter is further amended by striking Code Section 40-2-62, relating to special license plates for sheriffs, in its entirety and inserting in lieu thereof a new Code Section 40-2-62 to read as follows:
"40-2-62. On or before December 31 of each year, the commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle, however a sheriff may choose to use his sheriffs distinctive license plate on his law enforcement vehicle or sheriffs vehicle."
Section 3. Section 1 of this Act shall become effective upon the Governor's approval or upon it becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Jackson of the 9th moved that the House agree to the Senate substitute to HB 1798.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Aiken Alford Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove
Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell
Y Carrell Carter
Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark.L
Coleman Y Colwell
Connell Y Couch
Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis,M
Dixon.H Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham
Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore E Kingston
Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin
YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 151, nays 0. The motion prevailed.

McKinney,B Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett
Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag
Y Porter YPoston Y Powell YRandall Y Ransom
Ray
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S
Stanley
Y Steele Stephens
Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

TUESDAY, MARCH 6, 1990

2357

HB 1856.

By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating the office of the commissioner of Catoosa County, so as to provide for the compensation and allowances of the commissioner; to provide that the commissioner shall set the compensation of his staff.

The following Senate substitute was read:

A BILL
To amend an Act creating the office of the commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved January 31, 1986 (Ga. L. 1986, p. 3540), so as to provide for the compensation and allowances of the commissioner; to provide that the commissioner shall set the compensation of his staff subject to certain requirements; to provide for limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of the commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved January 31, 1986 (Ga. L. 1986, p. 3540), is amended by striking Section 9 of said Act in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. (a) (1) The commissioner of Catoosa County shall be paid an annual salary in a base amount of $36,000.00. On January 1, 1991, and on that date each year thereafter, the base amount of the commissioner's annual salary for that calendar year shall be increased from the base amount for the immediately preceding year by an amount or percentage equal to any cost-of-living increase by which the minimum salary of sheriffs is increased pursuant to general law for the calendar year in which the commissioner's new base amount is being computed. In the event such general law is amended so that sheriffs no longer receive salary increases determined by cost-of-living increases received by employees in the classified service of the state merit system, the cost-of-living increase in the base salary of the commissioner for a calendar year shall be the highest percentage cost-of-living increase received by employees in the classified service of the merit system for the fiscal year which ends in that calendar year. The base amount of the commissioner's annual salary also shall be increased by 5 percent for each four-year term of office served by the commissioner after January 1, 1991. The commissioner's salary shall be paid in equal monthly installments from the funds of Catoosa County.
(2) The commissioner shall be authorized to purchase, at county expense, one automobile for use outside and inside the county for official county business, which automobile may be replaced with a new automobile at county expense no more often than once every two years. The commissioner shall also be reimbursed by the county for his actual expenses when traveling out of the county on county business. The commissioner may also reimburse other county employees when traveling out of the county on county business. (b) The commissioner may employ one administrative assistant and clerical assistants as necessary. The compensation of such assistants shall be set by the commissioner within budgetary limits. The commissioner shall publish notice of any proposed compensation increase for any member of his staff at least once in the legal organ of Catoosa County. (c) The commissioner shall keep his office at the courthouse open from 9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE,

Representative Poston of the 2nd moved that the House agree to the Senate substitute to HB 1856.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 442. By Representative Porter of the 119th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that the sale, storage, or use of certain precious metal bullion and coins shall not be subject to sales and use taxation; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state and must pay that tax to the dealer involved in the transaction; to provide for liability of the dealers for the tax; to provide for tax rates and credits; to provide for conditions and limitations regarding the tax; to provide when purchasers, lessees, or renters will be dealers and the consequence thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, is amended by striking subparagraph (H) of subparagraph (3) of Code Section 48-8-2, relating to definitions, and inserting in its place a new subparagraph to read as follows:
"(H) Solicits business either by representatives or by the distribution ef catalogs er
frem consumers tn this state. Solicits business by representatives or engages in the regular or systematic solicitation of a consumer market in this state by the distribution of catalogs, periodicals, advertising fliers, or other advertising, or by means of print, radio, or television media, by telegraphy, telephone, computer data base, cable optic, microwave, or other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a salez lease, rental, or other transaction may be had in this state by the dealer unless it is affirmatively shown that this article has been fully complied with."
Section 2. Said article is further amended in Code Section 48-8-3, relating to exemptions from taxation, by striking the word "or" at the end of paragraph (53); by replacing the period at the end of paragraph (54) with the symbol and word "; or"; and by adding immediately thereafter a new paragraph (55) of Code Section 48-8-3 to read as follows:
"(55) The sale, storage, or use of precious metal bullion and coins by a dealer who possesses a valid business license in the jurisdiction in which the business is located, which sale, storage, or use exceeds $1,000.00 in value; and for the purposes of this chapter 'precious metal bullion' means any precious metal, including, but not limited to gold, silver, platinum, and palladium, which has been put through a process of refining and

TUESDAY, MARCH 6, 1990

2359

is in such a state or condition that its value depends upon its precious metal content and not its form; and for the purposes of this chapter 'coins' means any precious metal, including but not limited to gold, silver, platinum, palladium, and other metals heretofore, now, or in the future designated as a medium of exchange under the laws of this state, the United States, or any foreign nation."
Section 3. Said article is further amended by adding immediately following subsection (c) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new subsection, to be designated subsection (c.l), to read as follows:
"(c.l) (1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable for a tax on the sale at the rate of 4 percent of such gross sales or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater.
(2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax."
Section 4. Said article is further amended by adding immediately following subsection (e) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new subsection, to be designated subsection (e.l), to read as follows:
"(e.l) (1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the rental charge paid for that lease or rental if that person is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and title to that property remains in that person. It shall be prima-facie evidence that such property is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for purposes of this article. The dealer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the dealer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who leases or rents tangible personal property outside this state to be delivered in this state to the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 percent of the gross proceeds from such leases or rentals or the amount of taxes collected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater.
(2) No lease or rental shall be taxable to the dealer which is not taxable to the lessee or renter. The tax imposed by this subsection shall be subject to the credit granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax."

2360

JOURNAL OF THE HOUSE,

Section 5. Said article is further amended by striking subsection (g) of Code Section 48-8-30, relating to imposition of the sales and use tax, and inserting in its place a new subsection to read as follows:
"(g) Whenever a purchaser of tangible personal property under subsection subsections (b) or (c.l) of this Code section, a lessee or renter of the property under subsection subsections (d) or (e.l) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who rents involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved."
Section 6. This Act shall become effective on July 1, 1990.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House disagree to the Senate substitute to HB 422.
The motion prevailed.

HB 1622.

By Representatives Jackson of the 9th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to provide for definitions; to authorize the commissioner of revenue to enter into certain cooperative reciprocal agreements with other states, the District of Columbia, and states or provinces of foreign governments pertaining to registration and licensing of commercial vehicles.

The following Senate amendment was read:

Amend HB 1622 on Page 10, line 16 delete period(.) after "due" and add "and registration shall be denied any such vehicle if any Georgia ad valorem property taxes due upon such vehicle are unpaid."

Representative Jackson of the 9th moved that the House agree to the Senate amendment to HB 1622.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken
Alford Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Bargeron Y Barnett.B

Y Barnett.M
Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd

Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford

Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis,G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards
Ehrhart Y Felton Y Fennel

Y Floyd,J.M
Y Floyd,J.W Foster
Godbee YGoodwin Y Green
Y Greene Gresham Griffin Groover Hamilton
Y Manner Y Harris Y Hasty
Y Heard

TUESDAY, MARCH 6, 1990

2361

Y Herbert Y Holcomb
Y Holland Y Holmes
Y Hooks Y Howren
Y Hudson Y Irwin Y Isakson YJackson,J Y Jackson.W YJamieson
Jenkins Y Johnson Y Jones Y Kilgore E Kingston Y Lane,D
Y Lane.R Y Langford Y Lawrence

Y Lawaon Y Lee
Y Linder Y Long
Y Lord Lucas
Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller

Y Oliver.C Y Oliver,M
Y Orr Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston Y Poag Y Porter Y Poston Y Powell
Randall Y Ransom
Ray
Y Reaves Y Redding Y Richardson

Y Ricketaon Y Robinson
Y Royal Y Selman
Y Simpson Y Sinkfield
Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
Steele Stephens Y Streat
Y Teper Y Thomas,C Y Thomas,M

Y Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend Y Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 152, nays 0. The motion prevailed.

HB 256. By Representative Porter of the 119th:
A bill to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, and to amend Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property.

The following Senate amendment was read:

Amend HB 256 by striking lines 21 and 22 of page 7 and inserting in lieu thereof the following:
"minor under this Code section, in the aggregate exceeds $10,000.00 in value."
By striking lines 32 through 34 of page 7 and lines 1 through 4 of page 8 and inserting in lieu thereof the following:
"transfer must be made to the custodian so designated."
By striking lines 11 through 20 of page 8 and inserting in lieu thereof the following:
"the benefit of the minor if a guardian appointed for such minor considers the transfer to be in the best interest of the minor and, on petition brought by the minor's guardian, the transfer is authorized by the court as in the best interest of the minor."

Representative Porter of the 119th moved that the House agree to the Senate amendment to HB 256.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken Y Alford
Alien

Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beck

Y Benefield
Y Benn Birdsong
Y Bishop Y Bostick Y Branch

Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd

2362
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L
Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cumming3,B Y Cummings.M Y Davis.C
Davis.G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs
Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

JOURNAL OF THE HOUSE,

Y Floyd,J.M Y Floyd,J.W
Foster God bee Y Goodwill Y Green Y Greene Gresham Griffin Y Groover Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Y Holmes Y Hooks
Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones

Y Kilgore
E Kingston YLane,D
YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows Milam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr

Y Orrock
Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit
Y Pinkston YPoag
Y Porter YPoston Y Powell
Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith.P Y Smith.T
Y Smith,W Smyre Snow

Y Stancil,F Y Stancil,S Y Stanley
YSteele Stephens
Y Streat YTeper Y Thomas.C
Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Yates Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 153, nays 0. The motion prevailed.

HB 1757.

By Representatives Pettit of the 19th, Watson of the 114th and Lee of the 72nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, licensing, and delivery of electronic data and electronic data media, equipment, supplies, products, and services containing or providing access to state information.

The following Senate substitute was read:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, or execution of license agreements for electronic data and equipment, supplies, products, and services incidental thereto; to provide for the members of the authority and their qualifications, selection, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for cooperation with and by other governmental entities; to provide for tax exempt status of the authority; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at its end a new Chapter 24 to read as follows:

TUESDAY, MARCH 6, 1990

2363

"CHAPTER 24
50-24-1. (a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.
(b) As used in this chapter, the term: (1) 'Authority' means the GeorgiaNet Authority. (2) 'File' means a group of data consisting of a collection of related records which
concern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system.
(3) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction. (c) The purpose of the authority shall be the centralized marketing, provision, sale, and leasing, or executing license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;
(2) The public interest in providing ready access to state information for other governmental entities, so as to better enable such other governmental entities to carry out their public purposes;
(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information;
(5) The avoidance of unfair competition with private enterprises engaged in the commercial provision of electronic data equipment, supplies, products, and services; and
(6) Such other factors as are in the public interest of the state and will promote the public health and welfare. 50-24-2. (a) The authority shall consist of three members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and one member appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. (b) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services. (c) Two members of the authority shall constitute a quorum; and the affirmative votes of two members of the authority shall be required for any action to be taken by the authority. (d) The commissioner of administrative services shall be the executive officer and director and administrative head of the authority. The commissioner of administrative services may appoint a person as assistant commissioner and delegate such of his powers and duties to such assistant commissioner as he desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. (e) The authority may make rules and regulations for its own government. (f) The authority shall have perpetual existence.

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JOURNAL OF THE HOUSE,

50-24-3. (a) The authority shall be assigned for administrative purposes to the Department of Administrative Services, as provided for in Code Section 50-4-3.
(b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16.
50-24-4. The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;
(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts;
(6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity;
(7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
(8) To transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority;
(9) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority;
(10) To do all things necessary or convenient to carry out the powers conferred by this chapter.
50-24-5. All state departments, agencies, boards, bureaus, commissions, and authorities are authorized to make available to the authority access to public records or data which are available in electronic format upon terms mutually agreed to by the authority and any such department, agency, board, bureau, commission, or authority; provided, however, that no department, agency, board, bureau, commission, or authority shall be required to do so. The authority shall reimburse the department, agency, board, bureau, commission, or authority for costs incurred in providing such public records or data. The judicial and legislative branches are authorized to likewise provide such access to the authority.
50-24-6. The authority shall have exclusive authority to sell or execute license agreements on behalf of the executive branch of state government an entire file of public information in any electronic medium or format; provided, however, that nothing con-
tained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to
the public or other governmental agencies or entities or from selling or otherwise dissem-
inating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of
public information. 50-24-7. It is found, determined, and declared that the creation of the authority and
the carrying out of its corporate purposes are in all respects for the benefit of the people

TUESDAY, MARCH 6, 1990

2365

of this state and are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision.
50-24-8. Any action against the authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions.
50-24-9. All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter.
50-24-10. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers
now existing. 50-24-11. Nothing in this chapter shall be deemed to effect a transfer of ownership
of any data from any department, agency, board, bureau, commission, or authority to the authority.
50-24-12. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House agree to the Senate substitute to HB 1757.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers Clark.B
Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Y Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis.C
Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster Godbee Y Goodwin Y Green Y Greene Gresham Griffin
Y Groover Hamilton
Y Manner

Y Harris Y Hasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Y Hudson Ylrwin YIsakson Y Jackson,J Y Jackson, W Y Jamieson
Jenkins Y Johnson Y Jones Y Kilgore E Kingston Y Lane,D Y Lane.R Y Langford
Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 151, nays 0. The motion prevailed.

McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Oliver,M
YOrr Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Porter
YPoston Y Powell
Randall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith.W Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele
Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Wateon Y Watts
White Y Wilder Y Williams.B Y Williams,J
Y Yates Y Yeargin
Murphy ,Spkr

2366

JOURNAL OF THE HOUSE,

HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter.

The following Senate substitute was read:

A BILL
To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter; to provide rules and guidelines to determine if contracts are in partial restraint of trade; to provide that loss or forfeiture provisions conditioned upon the occurrence of competition or other specified acts or events are not restraints of trade; to provide procedures for identification, clarification, and reformulation of agreements; to provide rules and guidelines to determine the enforceability of loss or forfeiture provisions that are combined with partial restraints of trade; to define certain terms; to provide for enforcement; to provide for construction and application; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 13-8-2, relating to contracts contravening public policy generally, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Contracts in general restraint of trade, as distinguished from contracts in partial restraint of trade as provided for in Code Section 13-8-2.1;".
Section 2. Said chapter is further amended by adding between Code Sections 13-8-2 and 13-8-3 a new Code Section 13-8-2.1 to read as follows:
"13-8-2.1. (a) Contracts that restrain in a reasonable manner any party thereto from exercising any trade, business, or employment are contracts in partial restraint of trade and shall not be considered against the policy of the law, and such partial restraints, so long as otherwise lawful, shall be enforceable for all purposes. Without limiting the generality of the foregoing, contracts of the type described in subsections (b) through (d) of this Code section are considered to be reasonable.
(b) (1) As used in this subsection, the term: (A) 'Affiliate' means: (i) a person or entity that directly, or indirectly through
one or more intermediaries, controls or is controlled by or is under common control with a specified person or entity; (ii) any entity of which a specified person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting or profits interest of such entity; (iii) any trust or other estate in which the specified person or entity has a beneficial interest of 25 percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; and (iv) the spouse, lineal ancestors, lineal descendants, and siblings of the specified person, as well as their spouses.
(B) 'Business' means any line of trade or business involved in a sale. (C) 'Buyer' means any person or entity, including any successor-in-interest to such an entity, that acquires a business or a controlling interest in a business. (D) 'Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business: (i) which accounts for 25 percent or more of the voting or profits interest of the business prior to the sale, alone

TUESDAY, MARCH 6, 1990

2367

or in combination with the interest or participation held by affiliates of such person or entity; or (ii) the sale of which results in the owner thereof receiving consideration worth at least $500,000.00, inclusive of any consideration received for the sale of business covenant.
(E) 'Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise.
(F) 'Sale of business covenant' means any agreement described in paragraph (2) of this subsection or any substantially equivalent agreement.
(G) 'Seller' means any person or entity, including any successor-in-interest to such an entity, that is: (i) an owner of a controlling interest; or (ii) an affiliate of a person or entity described in division (i) of this subparagraph; provided, however, that each sale of business covenant shall be binding only on the person or entity entering into such covenant, its successors-in-interest, and, if so specified in the covenant, any entity that directly or indirectly through one or more intermediaries is controlled by or is under common control of such person or entity. (2) A seller may agree in writing for the benefit of a buyer to refrain from:
(A) Carrying on or engaging in any activity competitive with the business; or (B) Soliciting or accepting business from the business's customers which were
customers at or prior to the time of the sale, including actively sought prospective customers, for purposes of providing products or services competitive with those
provided by the business within the geographic area or areas where the business conducts its operations at the
time of the sale, including any area where the business's customers and actively sought prospective customers are present and including any area into which the business is
reasonably expected to expand, provided that such activity, business, and area must be described in such writing. A sale of business covenant may, if reasonable to protect
the interests of the buyer or the good will of the business, be worldwide. A sale of business covenant may extend for any period of time that is reasonable to protect the
interests of the buyer or the good will of the business. Each sale of business covenant shall, however, be considered to terminate at the time the business is discontinued or
either the seller, including all successors-in-interest, or the buyer, including all
successors-in-interest, ceases to exist,
(c) (1) As used in this subsection, the term: (A) 'Business' means any line of trade or business conducted by an employer.
(B) 'Employee' means: (i) an executive employee, officer, manager, or key employee; (ii) research and development personnel or other persons or entities,
including independent contractors, in possession of confidential information that is important to the business; (iii) any other person or entity, including an independent
contractor, in possession of selective or specialized skills, learning, or abilities or customer contacts or customer information; or (iv) any party to a partnership agreement, franchise, distributorship, license agreement or sales agent, broker,
representative, or supervisor. (C) 'Employer' means any corporation, partnership, proprietorship, or other
organization, including any successor-in-interest to such an entity, that conducts a
business or any person or entity that directly or indirectly owns an equity interest or ownership participation in such an entity that accounts for 50 percent or more
of the voting or profits interest of such entity. (D) 'Material contact' exists between an employee and each customer or poten-
tial customer: (i) with whom the employee dealt; (ii) whose dealings with the employer were coordinated or supervised by the employee; (iii) about whom the
employee obtained confidential information in the ordinary course of business as a result of such employee's association with the employer; or (iv) who receives
products or services authorized by the employer, the sale or provision of which results or resulted in compensation, commissions, or earnings for the employee
within two years prior to the date of employee's termination. (E) 'Post-employment covenant' includes any agreement described in paragraphs
(2) through (4) of this subsection or any substantially equivalent agreement.

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JOURNAL OF THE HOUSE,

(F) 'Products or services' means anything of commercial value, including without limitation goods, personal, real, or intangible property, services, financial products or services, business opportunities or assistance, or any other object or aspect of business or the conduct thereof.
(G) 'Termination' means the termination of an employee's engagement with an employer, whether with or without cause and upon the initiative of either party, provided that any possible inequity that results from the discharge of an employee without cause or in violation of a contractual or other legal obligation of the employer may be considered as a factor affecting the choice of an appropriate remedy. (2) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from conducting activity that is competitive with the activities the employee conducted for the employer within the geographic area or areas where the employee conducted such activities at or within a reasonable period of time prior to termination, provided that such activity and area must be described in such writing. The geographic area in which an employee works may include any area where any operations performed, supervised, or assisted in by the employee were conducted and any area where customers or actively sought pro-
spective customers of the business with whom the employee had material contact are present.
(3) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting or accepting, or
attempting to solicit or accept, directly or by assisting others, any business from any of such business's customers, including actively sought prospective customers, with
whom the employee had material contact during his employment for purposes of providing products or services that are competitive with those provided by the employer's
business. No express reference to geographic area or the types of products or services considered to be competitive shall be required in order for the restraint to be enforce-
able. Any reference to a prohibition against 'soliciting or accepting business from customers,' or similar language, shall be adequate for such purpose and narrowly
construed to apply only to: (A) such of the business's customers, including actively sought prospective customers, with whom the employee had material contact; and (B)
products and services that are competitive with those provided by the employer's business.
(4) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from recruiting or hiring, or
attempting to recruit or hire, directly or by assisting others, any other employee of the employer or its affiliates. No express reference to geographic area shall be required.
Any reference to a prohibition against recruiting or hiring, or attempting to recruit or hire, other employees shall be narrowly construed to apply only to other employees
who are still actively employed by or doing business with the employer or its affiliates at the time of the attempted recruiting or hiring.
(5) To the extent so stated in the post-employment covenant, a post-employment covenant may provide that any violation of the restraint shall automatically toll and
suspend the period of the restraint for the amount of time that the violation continues, provided that the employer seeks enforcement promptly after discovery of the
violation. (6) A duration of two years or less in the case of a restraint of the type described
in paragraph (2) of this subsection (c), and three years or less in the case of a restraint of the type described in paragraphs (3) and (4) of this subsection (c) shall be pre-
sumed to be reasonable as the period of time stated for any post-employment covenant.
(d) Any restriction that operates during the term of an employment agreement, agency agreement, independent contractor agreement, partnership agreement, franchise,
distributorship agreement, license, shareholders' agreement, or other ongoing business agreement shall not be considered unreasonable because it lacks any specific limitation
upon scope of activity, duration, or territory, so long as it promotes or protects the purpose or subject matter of the agreement or deters any potential conflict of interest.

TUESDAY, MARCH 6, 1990

2369

(e) (1) Activities, products, or services that are competitive with the activities, products, or services of an employer may include activities, products, or services that are the same as or similar to the activities, products, or services of the employer. Whenever a description of activities, products and services, or areas is required by this Code section, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is generalized or could possibly be stated more narrowly to exclude extraneous matters.
(2) In the case of a post-employment covenant entered into prior to termination, any good faith estimate of the activities, products and services, or areas that may be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capable of including or ultimately proves to include extraneous activities, products and services, or areas. The post-employment covenant shall be construed ultimately to cover only so much of such estimate as relates to the activities actually conducted, the products and services actually offered, or the areas actually involved within a stated period of time prior to termination. Activities, products, or services shall be considered sufficiently described if a reference to the activities, products, or services is provided and qualified by the phrase 'of the type conducted, authorized, offered, or provided within one year prior to termination,' or similar language. Further, the phrase 'the areas where the {employee} is working at the time of {termination}' shall be considered sufficient as a description of areas if the person or entity bound by the restraint can reasonably determine the maximum reasonable scope of the restraint at the time of termination.
(f) In the interest of reducing or eliminating any unclear or overbroad aspect of the restraint, the persons or entities that benefit from any existing restraint may provide the persons or entities bound by such restraint with a clarification or reformulation of the restraint, whether or not the clarification or reformulation was requested, so long as it is no broader than the terms of the original restraint. Any clarification or reformulation on lesser terms so provided by the persons or entities that benefit from the restraint shall supersede any conflicting terms of the restraint and be binding regardless of whether additional consideration is provided. The person or entity bound by the restraint may rely absolutely on such clarification or reformulation in complying with the terms of such restraint.
(g) (1) Every court of competent jurisdiction shall enforce through any appropriate remedy every contract in partial restraint of trade that is not against the policy of the law or otherwise unlawful. In the absence of extreme hardship on the part of the person or entity bound by such restraint, injunctive relief shall be presumed to be an appropriate remedy for the enforcement of the contracts described in subsections (b) through (d) of this Code section. If any portion of such restraint is against the policy of the law in any respect but such restraint, considered as a whole, is not so clearly unreasonable and overreaching in its terms as to be unconscionable, the court shall enforce so much of such restraint as it determines by a preponderance of the evidence to be necessary to protect the interests of the parties that benefit from such restraint. Such a restraint shall be subject to partial enforcement, whether or not it contains a severability or similar clause and regardless of whether the unlawful aspects of such restraint are facially severable from those found lawful.
(2) The enforceability of any partial restraint of trade shall be determined and shall be enforced independently of the enforceability of any other covenant or part thereof contained in the same contract or arrangement.
(3) Contractual terms that provide for a loss or forfeiture of rights or benefits con-
ditioned upon any specified act or event shall not be considered a restraint of trade.
The fact that any such loss or forfeiture provision is contained in the same agreement or contract with an otherwise valid partial restraint of trade shall not impair the
validity or enforceability of either such loss or forfeiture provision or such restraint, and the enforcement of either term shall not serve as grounds for delaying or with-
holding enforcement of the other term, including enforcement by injunctive relief. If a loss or forfeiture provision is contained in an agreement or contract that also contains other terms that are determined to be, in some respects, an unreasonable and

2370

JOURNAL OF THE HOUSE,

unenforceable restraint of trade, such loss or forfeiture provision shall nonetheless be enforceable to the extent it may lawfully serve the purposes and interests of the parties that benefit from such provision. Such a loss or forfeiture provision shall be subject to enforcement, whether or not it contains a severability or similar clause, and regardless of whether the unlawful aspects of such restraint are facially severable from those found to be unlawful."
Section 2. This Act takes effect on July 1, 1990. As a statement of public policy, this Act shall have general applicability to the fullest extent permitted by law. This Act shall further apply to all remedies sought or granted after the effective date with respect to the subject matter of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Groover of the 99th moved that the House disagree to the Senate substitute to HB 744.
The motion prevailed.

HB 1554.

By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941.

The following Senate amendment was read:

Amend HB 1554 by adding after on line 26 page 1 after "truck" the following: "or recreational vehicle". By striking on page 2 line 12 and 13 "500" and inserting therein "250".

The following amendment was read and adopted:

Representatives Jackson of the 9th and Clark of the 20th move to amend the Senate Amendment to HB 1554 as follows:
By deleting on line 5-7 the words:
"By striking on page 2 line 12 and 13 "500" and inserting therein "250".

Representative Clark of the 20th moved that the House agree to the Senate amendment, as amended by the House.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken
Alford Y Alien
Y Athon Y Atkins Y Bailey

Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beck

Y Benefield
Y Benn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown

Y Buck
Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark.H Y Clark.L
Coleman Y Colwell
Connell Y Couch Y Crawford

TUESDAY, MARCH 6, 1990

2371

Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Griffin Y Groover Y Hamilton
Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Hudson Ylrwin Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore E Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Under

YLong
YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey
McKinney.B McKinney.C Y Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Pannell
YParham Y Parrish Y Patten

On the motion, the ayes were 152, nays 1. The motion prevailed.

Y Pettit Y Pinkston
YPoag Porter
Y Poston
Y Powell
Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith,P Y Smith.T Y Smith, W
Smyre YSnow
Y Stancil.F Y Stancil,S
Y Stanley

Y Steele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond
Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L N Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y WiUiams,J
Y Yates Y Yeargin
Murphy.Spkr

Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 500 Do Pass, by Substitute SB 654 Do Pass, by Substitute
Respectfully submitted, Is/ Lane of the 27th
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1208.

By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure.

The President has appointed on the part of the Senate the following:

2372

JOURNAL OF THE HOUSE,

Senators Turner of the 8th, Walker of the 43rd and Shumake of the 39th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 1412.

By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.

The President has appointed on the part of the Senate the following: Senators Echols of the 6th, Perry of the 7th and Gillis of the 20th.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:

HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth, Long of the 142nd, Coleman of the 118th and Bostick of the 138th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and controlled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution.

The Senate has agreed to the House substitute, as amended by the Senate, to the following Bill of the Senate:

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

TUESDAY, MARCH 6, 1990

2373

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

The following Resolutions of the House were read and adopted: HR 1052. By Representative Murphy of the 18th:
A resolution expressing tribute to Honorable Grace Towns Hamilton.
HR 1053. By Representatives Morton of the 47th, Groover of the 99th and Clark of the 20th:
A resolution creating the House Records Preservation Study Committee.

HR 1054. By Representative Thomas of the 31st: A resolution commending Mr. Marshall B. Arnold, Sr.

HR 1055. By Representatives Holland of the 136th, Stephens of the 68th, Murphy of the 18th, Groover of the 99th, Poston of the 2nd and others:
A resolution expressing regret at the passing of Dr. Albert Berry Saye and commending his many years of service.

HR 1056. By Representative Carter of the 146th: A resolution commending Duane Dickerson.

HR 1057. By Representative Richardson of the 52nd: A resolution commending Dr. Paul G. Blount.

HR 1058. By Representative Parham of the 105th: A resolution commending the John Milledge Academy girls basketball team.

HR 1059. By Representative Holland of the 136th: A resolution commending Mr. Thomas Walter Lawhorne, Sr.

HR 1060. By Representative Holland of the 136th: A resolution expressing regret at the passing of Mrs. lola Holloway Fields.

HR 1061.

By Representatives Holland of the 136th, Irwin of the 13th and Poston of the 2nd:
A resolution expressing regret at the untimely passing of Mr. Matthew A. "Matty" Mastroianni.

HR 1062. By Representatives Holland of the 136th and Banner of the 131st: A resolution honoring Mr. Anthony M. "Tony" Bruner.

HR 1063. By Representative Murphy of the 18th: A resolution relative to Chief Executive Officer Appreciation Day in Georgia.

The following Resolution of the Senate, favorably reported by the Committee on Rules, was read and adopted:

2374

JOURNAL OF THE HOUSE,

SR 437. By Senators Hammill of the 3rd, Echols of the 6th, Kennedy of the 4th and others:
A resolution commending Dr. John W. Teel; and for other puposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 312. By Senator Barker of the 18th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia-Federal State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said inspection service.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 663. By Senator Burton of the 5th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, many thousands of Americans who served their country in time of war were captured by the enemy; and
WHEREAS, many American prisoners of war were subjected to brutal and inhumane treatment by their enemy captors in violation of the international codes and customs, and many of these prisoners died from this treatment; and
WHEREAS, on April 9, 1942, allied forces in Bataan Province, Luzon, the Philippines, which were under the command of a Georgian, Major General Edward P. King, were forced to surrender to the overwhelming Japanese forces; and
WHEREAS, at the hands of their Japanese captors, the prisoners were subjected to the infamous Bataan Death March and to other unbelievably inhumane and brutal treatment that killed thousands of Americans before they could be liberated; and
WHEREAS, during World War I 4,120 American servicemen were prisoners of war and 130,201 American prisoners of war were reported during World War II; and
WHEREAS, during the Korean conflict 7,140 American servicemen were prisoners of war and 766 American prisoners of war were reported during the Vietnam conflict; and

TUESDAY, MARCH 6, 1990

2375

WHEREAS, it is important to recognize the bold sacrifices made by American prisoners of war.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code Section 1-4-8 at the end thereof to read as follows:
"1-4-8. The day of April 9 of each year is designated as 'Former Prisoners of War Recognition Day' in Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1446.

By Representatives Thomas of the 69th, Walker of the 115th, Connell of the 87th and Murphy of the 18th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws.

The following Senate substitute was read:

A BILL
To amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions relating to the distribution of the Georgia Laws and the House and Senate Journals; to provide for distribution upon written order of those on the official distribution lists; to provide for sales at cost; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, is amended by striking Code Section 28-4-3, relating to the Office of Legislative Counsel, and inserting in its place a new Code section to read as follows:

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JOURNAL OF THE HOUSE,

"28-4-3. (a) There is created the Office of Legislative Counsel. The legislative counsel shall be an attorney skilled and experienced in legislative matters and bill drafting.
(b) It shall be the duty of the legislative counsel to: (1) Provide bill-drafting services which shall be equally available to every member
of the General Assembly; and (2) Advise and counsel members of the General Assembly on legislative matters.
(c) The legislative counsel is authorized to: (1) Provide for statutory and Code revision, render opinions, assist standing and
interim committees, and perform similar legislative functions; (2) Perform research, issue reports, and make recommendations as a result thereof; (3) Exchange information, data, and material with similar agencies in other states; (4) Provide legal services for the legislative branch of government and, with the
approval of the committee or the chairman, to represent the interests of the legislative branch in matters involving litigation; and
(5) With the approval of the committee, provide for advisory committees relative to statutory and Code revision. He is authorized to seek the advice and assistance of the State Bar of Georgia, law schools, and individuals and organizations knowledgeable in this field. (d) Any other provisions of law to the contrary notwithstanding, he is authorized to engage the services of others, including private counsel, by contract or otherwise, to assist him in the performance of his duties and is authorized to provide for the payment of fees, compensation, and expenses therefor from legislative funds. (e) The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise provided in this subsection, such Acts and resolutions shall be published in hard-bound volumes suitable for retention as permanent records as well as in soft-bound volumes or pamphlets suitable for prompt distribution of newly enacted laws to public officers, attorneys, and the public; and following each session of the General Assembly, a copy of such soft-bound Georgia Laws shall be furnished to the clerk of superior court of each county within 30 days after the last date on which the Governor may approve or veto bills enacted at that session of the General Assembly. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution. (f) The legislative counsel shall have such other authority and duties as the committee may provide."
Section 2. Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, is amended by striking in its entirety Code Section 45-13-22, relating to compilation and distribution of session laws and journals, and inserting in its place a new Code section to read as follows:
"45-13-22. (a) It shall be the duty of the Secretary of State to distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the legislative counsel of the numbers of soft-bound and hard-bound Georgia Laws needed for distribution. Hard-bound and soft-bound volumes shall be distributed as provided in this Code section. The Secretary of State shall make distribution of the bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distribution shall be as provided in this Code section.
(b) Volumes distributed to members of the General Assembly, to libraries, to institutions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or to

TUESDAY, MARCH 6, 1990

2377

public employees within the state, other than members of the General Assembly, shall be the property of the appropriate public officer or employee during his term of office or employment and shall be turned over to his successor, and the Secretary of State shall take and retain a receipt from each such public officer or employee acknowledging this fact. The Secretary of State shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The Secretary of State shall make the distributions provided for in this Code section. Additional copies of the hard-bound volumes and soft-bound volumes of the Georgia Laws and of the House and Senate Journals may be sold by the Secretary of State to persons desiring to purchase the same at their cost to the state.
(c) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Laws from each legislative session:
(1) Law Department (including the State Law Library) -- 33 sets, which number may be increased by written order of the Attorney General;
(2) Each state agency or department -- one set; (3) Each foreign government authority and each state participating in an exchange and depository program -- one set; (4) Library of Congress -- two sets; (5) Georgia Institute of Technology -- one set; (6) University of Georgia -- 52 sets; (7) Supreme Court of Georgia -- 12 sets, which number may be increased by writ ten order of the Chief Justice; (8) Court of Appeals of Georgia -- 13 sets, which number may be increased by written order of the Chief Judge; (9) Administrative Office of the Courts -- one set; (10) Each superior court judge -- one set; (11) Each clerk of superior court -- one set; (12) District Attorney of the Atlanta Judicial Circuit -- two sets; (13) Each other district attorney -- one set; (14) Each judge of probate court -- three sets, of which one set may be retained for the judge's own use, one set may be issued to the county attorney, and one set shall be placed in the county law library or retained in the judge's office for use by the general public; (15) Each state court -- one set; (16) Each magistrate court -- one set; (17) United States Supreme Court -- one set; (18) United States Court of Appeals for the Eleventh Circuit -- one set; (19) United States District Courts for the State of Georgia -- six sets; (20) Clerk of the House of Representatives -- five sets; (21) Each member of the General Assembly -- one set; (22) House Judiciary Committee -- one set; (23) House Majority Leader -- one set; (24) House Minority Leader -- one set; (25) Legislative budget analyst -- one set; (26) Legislative counsel -- 15 sets, which number may be increased by written order of the legislative counsel; (27) Legislative fiscal officer -- one set; (28) President of the Senate -- one set; (29) President pro tempore of the Senate -- one set;
(30) Secretary of the Senate -- three sets;
(31) Speaker of the House -- one set; and
(32) Senate Judiciary Committee -- one set.
(d) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Senate and House Journals from each legislative session:
(1) Law Department (including the State Law Library) -- four sets, which num ber may be increased by written order of the Attorney General;

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JOURNAL OF THE HOUSE,

(2) Each state agency or department -- one set; (3) State Archives -- one set; (4) Georgia Historical Society -- two sets; (5) Each foreign government and each state participating in an exchange and depository program -- one set; (6) Library of Congress -- two sets; (7) Augusta College -- one set; (8) Georgia Institute of Technology -- one set; (9) Georgia State University -- one set; (10) University of Georgia -- seven sets; (11) Department of Administrative Services -- one set; (12) Department of Human Resources -- one set; (13) Supreme Court of Georgia -- as requested in writing by the Chief Justice; (14) Court of Appeals of Georgia -- as requested in writing by the Chief Judge; (15) Each judge of probate court -- one set; (16) Legislative counsel -- five sets; (17) Legislative fiscal officer -- nine sets; (18) Each member of the House of Representatives -- one set; (19) Speaker of the House -- one set; (20) Clerk of the House of Representatives -- three sets; (21) House Judiciary Committee -- one set; (22) House Majority Leader -- one set; (23) House Minority Leader -- one set; (24) Each member of the Senate -- one set; (25) President of the Senate -- one set; (26) President pro tempore of the Senate -- one set;
(27) Secretary of the Senate -- three sets; and
(28) Senate Judiciary Committee -- one set.
(e) In the case of newly created courts or judgeships, and in the case of other state departments, agencies, and entities needing session laws or journals or both, requests for session laws and journals may be filled in whole or in part as the Secretary of State deems appropriate; and the Secretary of State may add names to or delete names from the distribution lists for the session laws and journals as he deems appropriate, except that the Secretary of State may not delete those authorized to order sets under subsec
tions (c) and (d) of this Code section.
(f) Each officer, office, or other entity authorized to order Georgia Laws or Georgia Senate and House Journals pursuant to subsections (c) and (d) of this Code section shall do so by placing such order in writing to the Secretary of State prior to the end of each session of the General Assembly. A written order from an officer, office, or other entity shall remain in effect until changed by a subsequent written order. The Secretary of State shall not provide Georgia Laws or House and Senate Journals to any such officer, office, or other entity without a written order. The Secretary of State has no obligation to provide Georgia Laws or House or Senate Journals to any such officer, office, or other entity unless a written order has been placed in accordance with the time frame speci
fied in this subsection. (g) The Secretary of State shall reserve 30 copies each of the session laws and of the
journals of the House and Senate for three years after their receipt. After three years he shall hold in reserve 15 copies of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribu tion or exchange may be sold or otherwise disposed of by the Secretary of State.
(h) The Secretary of State shall act as the exchange officer of this state for the pur pose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney Gen eral to make such exchanges, the Secretary of State shall distribute one set of the ses sion laws and the journals of the House and Senate to each participating state and foreign government. The session laws and journals of the House and Senate received in

TUESDAY, MARCH 6, 1990

2379

exchange from other states and foreign governments shall become a part of the collec tion of the State Law Library."
Section 3. Said article is further amended by repealing Code Section 45-13-23, relat ing to provision of legislative Acts to the Office of Legislative Counsel, and inserting in its place the following:
"45-13-23. Reserved."
Section 4. Said article is further amended by striking Code Section 45-13-24, relating to distribution of legislative Acts, and inserting in its place a new Code section to read as follows:
"45-13-24. Within one calendar week after any local Act or general Act of local application which requires a local referendum or a special election is approved by the Governor or becomes law without his approval, it shall be the duty of the Secretary of State to mail a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application."
Section 5. This Act shall become effective on October 1, 1990, and shall apply with respect to Georgia Laws and journals for sessions of the General Assembly taking place after such date.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative McDonald of the 12th moved that the House agree to the Senate sub stitute to HB 1446.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown YBuck Y Buford YByrd Y Campbell Carrell
Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Clark.B Y Clark,H Y Clark,L
Coleman Y Colwell
Connell
Couch Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs
Dover YDunn Y Edwards Y Ehrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Foster
YGodbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Ylsakson Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
E Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 136, nays 0.

McKinney,B Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody Y Morton
Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter
Y Poston Y Powell
Randall
Y Ransom YRay
Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfleld

Y Smith,L Y Smith.P
Smith,T Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Steele Stephens Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Townsend YTwiggs Y Vaughan Y Waddle Walker.C Y Walker.L Y Wall
Ware Y Watson
Y Watts White Wilder
Y Williams,B WiUiams,J
Y Yates Y Yeargin
Murphy ,Spkr

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JOURNAL OF THE HOUSE,

The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1520. By Representatives Murphy of the 18th, Mangum of the 57th and Hamilton of the 124th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Administrative Procedure Act," so as to pro vide expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a cer tain period of time rules previously adopted by the State Board of Education and Department of Education and the Board of Regents of the University System of Georgia.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretiremen! benefit adjustment.

The President has appointed on the part of the Senate the following: Senators Timmons of the llth, Coleman of the 1st and Broun of the 46th.

The Senate insists on its substitute to the following Bill of the House:

HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and proce dure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00.

The Senate insists on its amendment to the following Bill of the House:

HB 1139.

By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.

TUESDAY, MARCH 6, 1990

2381

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 749. By Senators Scott of the 2nd and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for cost-of-living increases.

The President has appointed on the part of the Senate the following: Senators Coleman of the 1st, Scott of the 2nd and Hammill of the 3rd.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 746. By Senators Turner of the 8th, Starr of the 44th and Gillis of the 20th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to rights in personalty, so as to revise comprehensively the provisions relative to the disposition of unclaimed property; to provide a short title; to define certain terms.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to revise comprehensively the provisions relative to the dispo sition of unclaimed property; to provide a short title; to define certain terms; to provide conditions under which various types of property, both tangible and intangible, which have remained unclaimed by the owner for certain periods of time shall be presumed aban doned; to provide that abandoned property shall be subject to the custody of this state under certain conditions; to provide for the authority and duties of the commissioner of revenue with respect to abandoned property; to provide for certain notices on contracts for the rental of safe-deposit boxes; to authorize the commissioner of revenue to enter into agreements with other states to exchange information relative to unclaimed property; to authorize the Attorney General to bring actions in court to enforce the unclaimed property law of other states against a holder of property in this state; to provide for reports and the remission of property to the commissioner of revenue; to require certain actions by the holders of property presumed abandoned; to provide for notices; to provide for the duties and responsibilities of the commissioner and the Attorney General in the event legal pro ceedings are instituted relative to property in the custody of the state; to provide for the public sale or other disposition of certain abandoned property; to provide for the disposi tion of funds received as proceeds of sales; to provide for the filing of claims; to provide for judicial review; to provide for fees charged by persons assisting in the recovery of unclaimed property; to provide for the confidentiality of certain records; to provide for penalties for violations; to provide for reports and the maintenance of court actions; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended by striking in its entirety Article 5, relating to the dis position of unclaimed property, and inserting in its place a new Article 5 to read as fol lows:

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JOURNAL OF THE HOUSE,

"ARTICLE 5
44-12-190. This article shall be known and may be cited as the 'Disposition of Unclaimed Property Act.'
44-12-191. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
44-12-192. As used in this article, the term: (1) 'Apparent owner' means the person whose name appears on the records of the
holder as the person entitled to property held, issued, or owing by the holder. (2) 'Banking organization' means a bank, trust company, savings bank, industrial
bank, land bank, safe deposit company, private banker, or any other organization defined by federal law or the law of another state as a bank or banking organization.
(3) 'Business association' means any corporation, other than a public corporation, a joint-stock company, an investment company, a business trust, or a partnership or association for business purposes of two or more individuals whether or not for profit, including a banking organization, financial organization, insurance company, or utility.
(4) 'Commissioner' means the commissioner of revenue. (5) 'Domicile' means the state of incorporation, in the case of a corporation incor porated under the laws of a state, and the state of the principal place of business, in the case of a person not incorporated under the laws of a state. (6) 'Due diligence' means, but shall not be limited to, the mailing of a letter by first-class mail to the last known address of the owner as indicated on the records of the holder. (7) 'Financial organization' means any savings and loan association, cooperative bank, building and loan association, or credit union. (8) 'Holder' means a person, wherever organized or domiciled, who is:
(A) In possession of property belonging to another; (B) A trustee in case of a trust; or (C) Indebted to another on an obligation. (9) 'Insurance company' means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insur
ance coverage of any type. (10) 'Intangible property' means and includes: (A) Moneys, checks, drafts, deposits, interest, dividends, and income; (B) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, and unidentified remittances; (C) Stocks and other intangible ownership interests in business associations; (D) Moneys deposited to redeem stocks, bonds, coupons, and other securities or to make distributions; (E) Amounts due and payable under the terms of insurance policies; and (F) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insur ance, or similar benefits. (11) 'Last known address' means a description of the location of the apparent owner
sufficient for the purpose of the delivery of mail. (12) 'Owner' means a depositor in the case of a deposit, a beneficiary in the case
of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this article or his legal representative.
(13) 'Payable' means the earliest date upon which the owner of property could become entitled to the payments, possession, delivery, or distribution of such property from a holder.
(14) 'Person' means an individual, business association, government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity.
(15) 'State' means any state, district, commonwealth, territory, insular possession, or any other area subject to the authority of the United States.

TUESDAY, MARCH 6, 1990

2383

(16) 'Utility' means a person who owns or operates for public use any plant, equip ment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. 44-12-193. All tangible and intangible property, including any income or increment thereon, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than seven years after it became payable or distributable is presumed abandoned, except as other wise provided by this article. Property is payable or distributable for the purpose of this article notwithstanding the owner's failure to make demand or to present any instru ment or document required to receive payment. 44-12-194. Unless otherwise provided in this article or by any other provision of law, intangible property is subject to the custody of this state as unclaimed property if the conditions leading to a presumption of abandonment as described in Code Section 44-12-193 are satisfied and:
(1) The last known address, as shown on the records of the holder, of the apparent owner is in this state;
(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;
(3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(A) The last known address of the person entitled to the property is in this state; or
(B) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4) The last known address, as shown on the records of the holder, of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a gov ernment or governmental subdivision or agency of this state;
(5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or govern mental subdivision or agency of this state; or
(6) The transaction out of which the property arose occurred in this state and: (A) The last known address of the apparent owner or other person entitled to
the property is unknown; or (B) The last known address of the apparent owner or other person entitled to
the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and
(C) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
44-12-195. (a) Except as otherwise provided in this Code section, any sum payable on a traveler's check that has been outstanding for more than 15 years after its issuance
is presumed abandoned unless the owner, within 15 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memo
randum or other record on file prepared by an employee of the issuer. (b) Except as otherwise provided in this Code section, any sum payable on a money
order or similar written instrument, other than a third-party bank check, that has been outstanding for more than seven years after its issuance is presumed abandoned unless
the owner, within seven years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on
file prepared by an employee of the issuer.

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JOURNAL OF THE HOUSE,

(c) Any sum payable on a traveler's check, money order, or similar written instru ment, other than a third-party bank check, described in this Code section may not be subjected to the custody of this state as unclaimed property unless:
(1) The records of the issuer show that the traveler's check, money order, or simi lar written instrument was purchased in this state;
(2) The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the traveler's check, money order, or similar written instrument was purchased; or
(3) The issuer has its principal place of business in this state, the records of the issuer show the state in which the traveler's check, money order, or similar written instrument was purchased, and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property. (d) Notwithstanding any other provision of this article, the provisions of subsection (c) of this Code section relating to the requirements for subjecting certain written instruments to the custody of the state shall apply to sums payable on traveler's checks, money orders, and similar written instruments presumed abandoned on or after Febru ary 1, 1965, except to the extent that those sums have been paid over to a state prior to January 1, 1973.
44-12-196. Any sum payable on a check, draft, or similar instrument, except money orders, traveler's checks, and other similar instruments subject to Code Section 44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier's checks and certified checks, which has been outstanding for more than seven years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within seven years, has communicated in writ ing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization.
44-12-197. (a) Any demand, savings, or matured time deposit with a banking or financial organization, including deposits that are automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a banking or financial organization is presumed abandoned unless the owner, within seven years has:
(1) In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest or nego tiated a check in payment of interest on a time deposit;
(2) Communicated in writing with the banking or financial organization concerning the property;
(3) Otherwise indicated an interest in the property as evidenced by a memoran dum or other record on file prepared by an employee of the banking or financial orga nization; for purposes of this paragraph, a record of the sending of a federal Internal Revenue Service Form 1099, or its equivalent, to the persons enumerated in this sub
section and a record of its not being returned by the United States Postal Service or
its successor shall be an indication of interest; (4) Owned other property to which paragraph (1), (2), or (3) of this subsection is
applicable if the banking or financial organization communicated in writing with the
owner with regard to the property that would otherwise be presumed abandoned
under this paragraph at the address to which communications regarding the other
property regularly are sent; (5) Had another relationship with the banking or financial organization concerning
which the owner has communicated in writing with the banking or financial organiza
tion or has otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization if the
banking or financial organization communicates in writing with the owner with regard
to property that would otherwise be abandoned under this paragraph at the address to which communications regarding the other relationship regularly are sent; or

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(6) A deposit made with a banking or financial organization by a court or by a guardian pursuant to order of a court or by any other person for the benefit of a per son who was a minor at the time of the making of such deposit, which deposit is sub ject to withdrawal only upon the further order of such court or such guardian or other person, shall not be subject to the provisions of this article until one year after such minor attains the age of 18 years or until one year after the death of such minor, whichever occurs sooner. These accounts are not subject to dormant service charges. (b) For purposes of this Code section, 'property' includes any interest or dividends thereon. No banking or financial organization shall deduct a service charge from any account on which there has been no deposit or withdrawal for 12 or more months or otherwise impose a service charge on any such account. A service charge may be imposed for 12 months immediately following a deposit to or withdrawal from any such account. (c) No banking or financial organization may cease to accrue interest on any account from the date the account is declared dormant or inactive by such organization except in conformity with cessation of interest generally assessed upon active accounts. With respect to any property described in this subsection, a holder may not impose any charges due to dormancy or inactivity which differ from those imposed on active accounts or cease to pay interest unless:
(1) For property in excess of $50.00, the holder, no more than three months before the initial imposition of those charges or cessation of interest, has given written notice to the owner of the amount of those charges at the last known address of the owner stating that those charges will be imposed or that interest will cease, but the notice provided in this paragraph need not be given with respect to charges imposed or inter est ceased before July 1, 1990; and
(2) The holder regularly imposes such charges or ceases payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect to such property. (d) Any automatically renewable property to which this Code section applies is matured upon the expiration of its initial time period. However, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicates consent as specified in subsection (a) of this Code section, the property is matured upon the expira tion of the last time period for which consent was given. If, at the time provided for delivery in subsection (e) of Code Section 44-12-214, a penalty or forfeiture in the pay ment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result. 44-12-198. (a) Funds held or owing under any life or endowment insurance policy or annuity contract which has matured or terminated are presumed abandoned if unclaimed for more than seven years after the funds became due and payable as estab lished from the records of the insurance company holding or owing the funds, except that property described in paragraph (2) of subsection (c) of this Code section is pre sumed abandoned if unclaimed for more than two years. (b) If a person other than the insured or annuitant is entitled to the funds and no address of the person is known to the company or it is not definite and certain from the records of the company who is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the company.
(c) For purposes of this Code section, a life or endowment insurance policy or annu ity contract not matured by actual proof of the death of the insured or annuitant according to the records of the company is deemed matured and the proceeds due and payable if:
(1) The company knows that the insured or annuitant has died; or
(2) If all of the following conditions are met:
(A) The insured has attained, or would have attained if he were living, the limit ing age under the mortality table on which the reserve is based;
(B) The policy was in force at the time the insured attained, or would have attained, the limiting age specified in subparagraph (A) of this paragraph; and

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(C) Neither the insured nor any other person appearing to have an interest in the policy within the preceding two years, according to the records of the company concerning the policy or otherwise, indicated an interest as evidenced by a memo randum or other record on file prepared by an employee of the company. (d) For purposes of this Code section, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not pre vent a policy from being matured or terminated under subsection (a) of this Code sec tion if the insured has died or the insured or the beneficiaries of the policy otherwise have become entitled to the proceeds thereof before the depletion of the cash surrender value of a policy by the application of that provision. (e) Notwithstanding any other provisions of law, if the company learns of the death of the insured or annuitant and the beneficiary has not communicated with the insurer within four months after the death, the company shall take reasonable steps to locate the beneficiary and pay the proceeds to the beneficiary. (f) On and after January 1, 1991, every change of beneficiary form issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state must request the following informa tion: (1) The name of each beneficiary or, if a class of beneficiaries is named, the name of each current beneficiary in the class; (2) The address of each beneficiary; and (3) The relationship of each beneficiary to the insured. 44-12-199. The following funds held or owing by any utility are presumed aban doned:
(1) Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the termination of the ser vices for which the deposit or advance payment was made; and
(2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds.
44-12-200. Except to the extent otherwise ordered by a court or administrative agency of competent jurisdiction, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than seven years after it became payable in accordance with the final determination or order providing for the refund, regardless of whether the final determi nation or order requires any person entitled to a refund to make a claim for it, is pre sumed abandoned.
44-12-201. (a) Pursuant to Code Section 44-12-193, any dividend, profit, distribu tion, interest, payment on principal, or other sum held or owing by a business associa tion for or to its shareholder, certificate holder, member, bondholder, or other security holder, or a participating patron of a cooperative, who has not claimed it, corresponded in writing concerning it, or otherwise indicated an interest as evidenced by a memoran dum or other record on file with the association within seven years after the date pre scribed for payment or delivery is presumed abandoned.
(b) Pursuant to Code Section 44-12-193, any intangible interest in a business associa tion, as evidenced by the stock records or membership records of the association is pre sumed abandoned if the interest in the association is owned by a person who for more than seven years has neither claimed a dividend or other sum referred to in subsection (a) of this Code section nor corresponded in writing with the association and the associa tion does not know the location of the owner at the end of such seven-year period. With respect to such interest, the business association shall be deemed the holder.

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(c) Pursuant to Code Section 44-12-193, any dividends or other distributions held for or owing to a person at the time the stock or other security to which they attach are presumed abandoned also shall be presumed abandoned as of the same time.
(d) For the purposes of subsections (a) and (b) of this Code section, a record of the sending of a federal Internal Revenue Service Form 1099, or its equivalent, to the per sons enumerated in those subsections and a record of its not being returned by the United States Postal Service, or its successor, shall be an indication of interest.
44-12-202. All property distributable in the course of a voluntary or involuntary dis solution or liquidation of a person that remains unclaimed by the person entitled thereto, within seven years after the date of final distribution or liquidation, shall be presumed abandoned.
44-12-203. (a) Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within seven years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, commu nicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary.
(b) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States are not payable or distributable within the meaning of subsection
(a) of this Code section unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.
(c) For the purpose of this Code section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for a business association alone, unless the agreement between him and the business associa
tion provides otherwise. (d) For the purposes of this article, a person who is deemed to hold property in a
fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the
business association is the holder of the property insofar as the interest of any other person in the property is concerned.
44-12-204. All intangible property held for the owner by any state or federal court, government, governmental subdivision or agency, public corporation, or public authority
which remains unclaimed by the owner for more than seven years after becoming pay able or distributable is presumed abandoned.
44-12-205. (a) A gift certificate or a credit memo issued in the ordinary course of
an issuer's business which remains unclaimed by the owner for more than seven years after becoming payable or distributable is presumed abandoned.
(b) In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.
44-12-206. Unpaid wages, including wages represented by unpresented payroll checks owing in the ordinary course of the holder's business, that have remained unclaimed by the owner for more than seven years after becoming payable are presumed abandoned.
44-12-207. (a) All employee benefit trust distributions and any income or other increment thereon are abandoned to this state under the provisions of this article if the
owner has not, within seven years after it becomes payable or distributable, accepted such distribution, corresponded in writing concerning such distribution, or otherwise
indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such
trust or fund is established. (b) An employee benefit trust distribution and any income or other increment
thereon shall not be presumed abandoned to this state under the provisions of this arti
cle if, at the time such distribution shall become payable to a participant in an employee benefit plan, such plan contains a provision for forfeiture, if the trustees of an employee
benefit plan supported wholly or partially from public funds adopt a provision for forfei ture, or if such plan expressly authorizes the trustee to declare a forfeiture of a distribu
tion to a beneficiary thereof who cannot be found after a period of time specified in

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such plan, and the trust or fund established under the plan has not terminated prior to the date on which such distribution would become forfeitable in accordance with such provision.
44-12-208. (a) Any funds held or owing by a fire, casualty, or any other insurer or surety as defined in Title 33 or a hospital, medical, or dental service corporation organized under Title 31 that are due and payable, as established from the records of the insurer or surety either to an insured, a principal, or other claimant under any insur ance policy or contract shall be presumed abandoned if they have not been claimed or paid within seven years after becoming due or payable. Funds payable according to the insurer's or surety's records are deemed due and payable although the policy or contract has not been surrendered as required.
(b) If a person other than the insured, the principal, or the claimant is entitled to the funds and no address of the person is known to the insurer or surety or if it is not definite and certain from the records of the insurer or surety what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the insurer or surety.
(c) Any sum for the payment of a claim under an insurance policy or contract, which sum is payable on a negotiable instrument on which the insurer is the maker or drawer shall be presumed abandoned if, within seven years from the date payable, or from the date of issuance, if payable on demand, the owner has not:
(1) Negotiated the instrument; (2) Corresponded in writing with the insurer concerning it; or (3) Otherwise indicated an interest by a writing on file with the insurer.
44-12-209. (a) If the rental due on a safe-deposit box has not been paid for one year, the lessor shall send a notice by registered mail to the last known address of the
lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the holder shall provide writ
ten notification to the commissioner of the drilling date not less than 30 days prior to this time. The commissioner may designate a representative to be present during the
opening of the safe-deposit box. The safe-deposit box shall be opened in the presence of an officer of the lessor. The contents shall be sealed in a package by the officer who shall write on the outside the name of the lessee and the date of the opening. The offi
cer shall execute a certificate reciting the name of the lessee, the date of the opening of the safe-deposit box, and a list of its contents. The certificate shall be included in
the package and a copy of the certificate shall be sent by registered mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the safe-deposit box.
(b) If the contents of the safe-deposit box have not been claimed within two years of the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30
days, the contents of the safe-deposit box will be delivered to the commissioner as aban doned property under the provisions of Code Section 44-12-214.
(c) The lessor shall submit to the commissioner a verified inventory of all of the con tents of the safe-deposit box upon delivery of the contents of the safe-deposit box or such part thereof as shall be required by the commissioner under Code Section 44-12-214, but the lessor shall not deduct from any cash of the lessee in the safe-deposit
box an amount equal to accumulated charges for rental but shall submit to the commis sioner a verified statement of such charges and deductions. If there is no cash, or insuffi
cient cash to pay accumulated charges, in the safe-deposit box, the commissioner shall remit to the lessor the charges or balance due, up to the value of the property in the safe-deposit box delivered to him, less any costs or expenses of sale; but, if the charges
or balance due exceeds the value of such property, the commissioner shall remit only the value of the property, less costs or expenses of sale. Any accumulated charges for safe-deposit box rental paid by the commissioner to the lessor shall be deducted from
the value of the property of the lessee delivered to the commissioner.

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(d) On and after January 1, 1991, a copy of this Code section shall be printed on every contract for rental of a safe-deposit box.
44-12-210. The abandonment period of any property described in Code Section 44-12-197 that is automatically renewable shall commence upon the expiration of its ini tial time period except that, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the person holding the property or otherwise indicating such consent as evidenced by a memorandum on file prepared by an employee, the abandonment period shall commence upon the expiration of the last time period for which consent was given.
44-12-211. (a) Property which has been bequeathed to any person shall be pre sumed abandoned if not claimed by that person or his heirs, legatees, or distributees within seven years after the death of the testator unless the will makes provision in case of a lapse, failure, or rejection of the bequest for the disposition of the property.
(b) When a person owning property is not known for seven successive years to be living and neither the person named, his heirs, or distributees can be located or proved for seven successive years to have been living, he shall be presumed to have died without heirs or distributees and his property shall be presumed abandoned.
44-12-212. If specific property which is subject to the provisions of Code Section 44-12-193 is held for or owed or distributable to an owner whose last known address is in another state by a holder who is subject to the jurisdiction of that state, the specific property is not presumed abandoned in this state and subject to this article if:
(1) It may be claimed as abandoned or escheated under the laws of such other state; and
(2) The laws of such other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by such other state when held for or owed or distributable to an owner whose last known address is within this state by a holder who is subject to the jurisdiction of this state. 44-12-213. (a) The commissioner may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise deter mine unclaimed property that is subject to a claim of custody. The commissioner by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this Code section and may prescribe the form.
(b) To avoid conflicts between the commissioner's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the commissioner, so far as is consistent with the purposes, policies, and provisions of this article, before adopting, amending, or repealing rules, shall advise and consult with administrators in other jurisdictions that enact the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.
(c) The commissioner may join with other states to seek enforcement of this article against any person who is or may be holding property reportable under this article.
(d) At the request of another state, the Attorney General of this state may bring an action in the name of the administrator of the other state in any court of competent jurisdiction in this state to enforce the unclaimed property laws of the other state against the holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attor ney General in bringing that action.
(e) The commissioner may request that the attorney general of another state or any other person bring an action in the name of the commissioner in the other state. This state shall pay all expenses including attorney's fees in any action under this subsection. The commissioner may agree to pay the person bringing the action attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under this article.
44-12-214. (a) Every person holding funds or other property, tangible or intangible, presumed abandoned under this article shall report and remit to the commissioner with respect to the property as provided in this Code section.

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(b) The report shall be verified and shall include: (1) The name and social security or federal identification number, if known, and
last known address, including ZIP Code, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $50.00 or more presumed abandoned under this article;
(2) In case of unclaimed funds of insurance corporations, the full name of the insured or annuitant and any beneficiary, if known, and the last known address according to the insurance corporation's records;
(3) In the case of the contents of a safe-deposit box or other safekeeping repository or in the case of other tangible property, a description of the property and the place where it is held and may be inspected by the commissioner, and any amounts owing to the holder;
(4) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $50.00 each may be reported in aggregate;
(5) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and
(6) Other information which the commissioner prescribes by rule as necessary for the administration of this article. (c) If the person holding property presumed abandoned is a successor to other per sons who previously held the property for the owner or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property. (d) The report and remittance shall be filed before November 1 of each year as of June 30 next preceding, but the report and remittance of insurance corporations shall be filed before May 1 of each year as of December 31 next preceding. When property is evidenced by certificate of ownership as set forth in Code Section 44-12-201, the holder shall deliver to the commissioner a duplicate of any such certificate registered in the name of the commissioner at the time of report and remittance. The commissioner may postpone the reporting and remittance date upon written request by any person required to file a report. (e) If the holder of property presumed abandoned under this article knows the whereabouts of the owner, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. All holders shall exercise due diligence, as defined in Code Section 44-12-192, at least 60 days but no more than 120 days prior to the submission of the report to ascertain the whereabouts of the owner if the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate and the property has a value of $50.00 or more.
(f) Verification, if made by a partnership, shall be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer.
(g) The initial report and remittance filed under this Code section shall include all items of property that would have been presumed abandoned if this article had been in effect during the 15 year period preceding January 1, 1973.
(h) Nothing in this Code section shall be construed to require a utility to include in
its initial report any item of money or property as to which the name of the owner and
his last known address do not appear in the records maintained by the utility in accord ance with rules or practices sanctioned by any state or federal regulatory body having
jurisdiction over the utility. 44-12-215. (a) The commissioner shall cause to be published notice of the reports
filed under Code Section 44-12-214, once a year in a newspaper of general circulation. (b) The published notice shall be entitled the 'Georgia Unclaimed Property List' and
shall contain the names in alphabetical order and the internal identification number of persons listed in the report and entitled to notice within the county as provided in Code
Section 44-12-214.

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2391

(c) The notice shall contain a statement that information concerning the amount or description of the property and the name of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the commissioner.
(d) The commissioner is not required to publish in such notice any item with a value of less than $50.00 unless he deems such publication to be in the public interest.
44-12-216. (a) Upon payment or delivery of abandoned property to the commis sioner, the state shall assume custody and shall be responsible for the safekeeping of the property. Any person who pays or delivers abandoned property to the commissioner under this article is relieved of all liability, to the extent of the value of the property so paid or delivered, or for any claim which then exists or which thereafter may arise or be made with respect to the property. Any holder who has paid moneys to the com missioner pursuant to this article may reimburse any person appearing to such holder to be entitled thereto; and, upon proof of such payment and proof that the payee was entitled thereto, the commissioner shall forthwith reimburse the holder for the payment.
(b) In the event legal proceedings are instituted by any other state or states in any state or federal court with respect to unclaimed funds or abandoned property previously paid or delivered to the commissioner, the holder shall give written notification to the commissioner and the Attorney General of this state of such proceedings within ten days after service of process or at least ten days before the return date on which an answer or similar pleading is due or any extension thereof is secured by the holder. The Attor ney General may take such action as he deems necessary or expedient to protect the interest of this state. The Attorney General, by written notice prior to the return date on which an answer or similar pleading is due or any extension thereof is secured by the holder, but in any event in reasonably sufficient time for the holder to comply with the directions received, shall either direct the holder actively to defend in the proceed ings or direct that no defense be entered into the proceedings. If a direction is received from the Attorney General that the holder need not make a defense, this shall not pre clude the holder from entering a defense in his own name if he should so choose. How ever, any defense made by the holder on his own initiative shall not entitle the holder to reimbursement for legal fees, costs, and other expenses as is provided in this Code section with respect to defenses made pursuant to the direction of the Attorney General. After the holder has actively defended in the proceedings pursuant to the direction of the Attorney General or has been notified in writing by the Attorney General that no defense need be made with respect to such funds, if a judgment is entered against the holder for any amount paid to the commissioner under this article, the commissioner, upon being furnished either proof of payment or satisfaction of such judgment, shall reimburse the holder the amount so paid. The commissioner shall also reimburse the holder for any legal fees, costs, and other directly related expenses incurred in legal pro ceedings undertaken pursuant to the direction of the Attorney General.
(c) Property removed from a safe-deposit box or other safekeeping repository that is received by the commissioner shall be subject to the holder's right under this Code sec tion to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The com missioner shall make the reimbursement to the holder out of the proceeds remaining after the deduction of the commissioner's selling costs.
44-12-217. (a) All abandoned property, other than money delivered to the commis sioner under this article, shall, within three years after the delivery, be sold by him to the highest bidder at public sale in whatever city in the state affords, in his judgment, the most favorable market for the property involved. The commissioner may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. He need not offer any property for sale if, in his opinion, the probable cost of the sale exceeds the value of the property.
(b) Any sale held under this Code section shall be preceded by a single publication of notice thereof at least three weeks in advance of the sale in a newspaper of general circulation in the county where the property is to be sold.
(c) At any sale conducted by the commissioner pursuant to this article, the purchaser shall receive title to the property purchased free from all claims of the owner or prior

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holder thereof and of all persons claiming through or under them. The commissioner shall execute all documents necessary to complete the transfer of title.
(d) If the commissioner determines after investigation that any property delivered under this article has insubstantial commercial value of less than $100.00, he may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against any holder for or on account of any action taken by the commissioner pursuant to this subsection.
44-12-218. (a) All funds received under this article, including the proceeds from the sale of abandoned property under Code Section 44-12-217, shall forthwith be deposited by the commissioner in the general fund, except that the commissioner shall retain in a separate trust fund a sum sufficient from which he shall make prompt payment of claims duly allowed by him as provided in Code Section 44-12-220. Before making a deposit he shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant and, with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due.
(b) Before making any deposit to the credit of the general fund the commissioner may deduct:
(1) Any costs in connection with sale of abandoned property; (2) Any costs of mailing and publication in connection with any abandoned prop erty; (3) Operating expenses; (4) Amounts required to make payments to other states, during the next fiscal year, through reciprocity agreements; and (5) Expenses for consulting services. 44-12-219. The commissioner, after receiving reports of property deemed abandoned pursuant to this article, may decline to receive any property reported which he deems to have a value less than the cost of giving notice and holding sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the con trary within 120 days after filing the report required under Code Section 44-12-214, the commissioner shall be deemed to have elected to receive the custody of the property.
44-12-220. (a) A person, excluding another state, claiming an interest in any prop erty paid or delivered to the commissioner may file with him a claim on a form pre scribed by him and verified by the claimant.
(b) The commissioner shall consider each claim within 90 days after it is filed and give written notice to the claimant if the claim is denied in whole or in part. The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.
(c) If a claim is allowed, the commissioner shall pay over or deliver to the claimant the property or the amount the commissioner actually received or the net proceeds if it has been sold by the commissioner. The owner is not entitled to receive income or other increments accruing after remittance to the commissioner.
(d) The commissioner may, after seven years following the receipt of property, destroy such records related to the property as deemed necessary; and after said sevenyear period any claim relating to such property must be fully substantiated by a claim ant, without recourse to such records.
44-12-221. Any person aggrieved by a decision of the commissioner or whose claim the commissioner has failed to act upon within 90 days after the filing of the claim may appeal such decision or lack of decision to the Superior Court of Fulton County. The proceeding shall be brought within 90 days after the decision of the commissioner or within 180 days of the filing of the claim if the commissioner fails to act. The appeal shall be tried de novo without a jury.

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2393

44-12-222. (a) The commissioner shall consider any claim filed under this article and may hold a hearing and receive evidence concerning it. If a hearing is held, he shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by him and the reasons for his decision. The decision shall be a public record.
(b) If the claim is allowed, the commissioner shall make payment forthwith. The claim shall be paid without deduction for costs of notice.
44-12-223. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or property, shall not prevent the money or property from being presumed abandoned property nor affect any duty to file a report required by this arti cle or to pay or deliver abandoned property to the commissioner.
44-12-224. (a) All agreements to pay compensation to recover or assist in the recov ery of property reported and delivered to the commissioner under this article shall be unenforceable for 24 months after the date of payment or the delivery of property to the commissioner.
(b) The fees charged by any person, firm, or corporation to recover or assist in the recovery for and on behalf of a claimant of property reported and delivered to the com
missioner under this article shall not exceed 10 percent of the value of the property recovered. All funds or property located by a person to be compensated by the payment
of such a fee shall be paid or delivered directly to the owner and may not be paid or delivered to the person to receive the fee whether pursuant to a duly executed power of attorney or otherwise.
44-12-225. Any information or records required to be furnished to the commissioner shall be confidential except as otherwise necessary in the proper administration of this article.
44-12-226. The expiration, before or after July 1, 1990, of any period of time speci fied by contract, statute, or court order during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to
obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned nor affect any duty to file a report or to
pay or deliver abandoned property to the commissioner as required by this article. 44-12-227. (a) A person, firm, or corporation who willfully fails to render any report
or perform other duties required under this article shall pay a civil penalty of $100.00 for each day the report is withheld or the duty is not performed, but not more than
$5,000.00. (b) A person, firm, or corporation who willfully fails to pay or deliver property to the
commissioner as required under this article shall pay a civil penalty equal to 25 percent
of the value of the property that should have been paid or delivered. (c) A person, firm, or corporation who willfully refuses after written demand by the
commissioner to pay or deliver as required by this article is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed six months or by both such fine and imprisonment.
44-12-228. (a) Every financial institution, banking organization, and business associ
ation and all other holders required to file a report under Code Section 44-12-214 shall retain all books, records, and documents necessary to establish the accuracy and compli
ance of such report for ten years after the property becomes reportable, except to the extent that shorter time is provided in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act,' or in subsection (b) of this Code section or by rule of the
commissioner. As to any property for which it has obtained the last known address of the owner, the holder shall maintain a record of the name and last known address of
the owner for the same ten-year period. (b) Any business associations that sell in this state its traveler's checks, money
orders, or other similar written instruments, other than third-party bank checks on
which the business association is directly liable, or that provides such instruments to others for sale in this state shall maintain a record of those instruments while they
remain outstanding, indicating the state and date of issue for three years after the date the property is reportable.

2394

JOURNAL OF THE HOUSE,

44-12-229. (a) The commissioner may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed prop erty reportable or deliverable under this article.
(b) The commissioner may at reasonable times and upon reasonable notice examine the records of any person to determine whether the person has complied with the provi sions of this article. The commissioner may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this arti cle.
(c) If a holder fails to maintain the records required by Code Section 44-12-228 and the records of the holder available for the periods subject to this article are insufficient to permit the preparation of a report, the holder shall be required to report and pay such amounts as may reasonably be estimated from any available records.
44-12-230. The commissioner may employ the services of such independent consul tants, and other persons possessing specialized skills or knowledge as he shall deem nec essary or appropriate for the administration of this article, including, but not limited to, valuation, maintenance, upkeep, management, sale and conveyance of property, and determination of sources of unreported abandoned property.
44-12-231. The commissioner may bring an action in a court of competent jurisdic tion to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is pre sumed abandoned.
44-12-232. (a) This article does not relieve the holder of a duty that arose before July 1, 1990, to report, pay, or deliver property. A holder who did not comply with the law in effect before July 1, 1990, is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this sub section, subject to Code Section 44-12-227.
(b) The initial report filed under this article for property that was not required to be reported before July 1, 1990, but which is subject to this article must include all items of property that would have been presumed abandoned during the ten-year period preceding July 1, 1990, as if this article had been in effect during that period.
44-12-233. Whenever the commissioner shall receive securities under this article in the name of the owner, he shall forthwith take appropriate action to transfer the record of ownership of said securities into the name of the commissioner.
44-12-234. This article does not apply to any property held, due, and owing in a for eign country and arising out of a foreign transaction.
44-12-235. The commissioner may make necessary rules and regulations to carry out the provisions of this article."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Atkins
Y Bailey Y Baker
Balkcom Y Bannister YBarfoot

Y Bargeron
Barnett,B Y Barnett.M Y Bates
Beck Y Benefield
Y Benn Bjrdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks

Y Brown
Y Buck Y Buford Y Byrd Y Campbell
Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H

Y Clark,L
Y Coleman Y Colwell
Connell Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon.H

Dixon,S
Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart
Y Felton Fennel
Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin

TUESDAY, MARCH 6, 1990

2395

Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson
Irwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins

Y Johnson Y Jones
Y Kilgore Y Kingston YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows

YMilam
Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver.C
Oliver,M
YOrr Orrock
Y Padgett Pannell
Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Randall Y Ransom

YRay
Reaves Y Redding
Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Y Sinkfield Y Smith,L Y Smith,?
Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Steele Stephens Y Streat YTeper

Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson
Y Watts White Wilder
Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 735. By Senators Ragan of the 10th, Taylor of the 12th and Harris of the 27th:
A bill to amend Code Section 15-6-67 of the Official Code of Georgia Anno tated, relating to recordation of maps and plats, so as to provide regulations and requirements governing subdivision plats and the transfer, sale, and offering for sale of land; to provide for filing and recording; to provide for penalties.

The following amendment was read and withdrawn:

The Committee on Judiciary moves to amend SB 735 on page 2, line 6, following the period (.), add:
"Provided, however, that the requirements of this section shall not apply to any sub division of land the plan for which does not include streets, roads, utilities improve ments and septic tanks."

The following amendment was read and adopted:

Representatives Walker of the 115th, Waddle of the 113th and Groover of the 99th move to amend SB 735 as follows:
Amend the quoted language in the Committee amendment by deleting same in its entirety and substituting in lieu thereof the following:
"Notwithstanding any other provision of this Act to the contrary, no approval shall be required if no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required. Any plat of survey containing thereon a certification from the licensed surveyor that the provisions relative to this Act do not require approval shall entitle said plat to record."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 106, nays 3.

2396

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 727. By Senators Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of court for the superior courts of this state, so as to change the terms of the Superior Court of Glynn County in the Brunswick Circuit; to provide an effective date.

The following amendment was read and adopted:

Representatives Porter of the 119th and Oliver of the 53rd move to amend SB 727 by striking all the language from lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the definition of a part-time judge and to provide for the compensation and expenses of such judge; to change the terms of the Superior Court of Glynn County in the Brunswick Judicial Circuit; to provide for related matters;".
By inserting between lines 7 and 8 of page 1 the following:
"Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsections (a) and (i) of Code Section 15-1-9.1, relating to request ing judicial assistance from other courts, and inserting in their place new subsections (a) and (i) to read as follows:
'(a) As used in this Code section, the term:
(1) "Chief judge" means the judge most senior in time of service or, if applica ble, the judge to whom the administrative duties of a court have been assigned.
(2) "Judge" includes Justices, judges, senior judges, magistrates, and every other such judicial office of whatever name existing or created.
(3) "Part-time judge" means a judge who serves on a continuing or periodic basis but who is permitted by law to devote time to some other profession or occu pation and whose compensation for that reason is less than that of a full-time judge.'
'(i) Senior judges of the superior courts shall receive the amount of compensation and payment for expenses as provided by subsection {d} ef Code Section 47-8-64. In accordance with subsection (h) of this Code section, part-time judges may receive rea sonable compensation and payment for actual expenses and mileage. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance.'"
By striking all the language from lines 8 through 14 of page 1 and inserting in lieu thereof the following:
"Section 2. Said title is further amended by striking subparagraph (C) of paragraph (7) of Code Section 15-6-3, relating to the terms of court for thf superior courts of this state, and inserting in its place a new subparagraph (C) to read as follows:
'(C) Glynn County -- Second Monday in March January, May, and September.'"
By renumbering former Sections 2 and 3 as Sections 3 and 4, respectively.

TUESDAY, MARCH 6, 1990

2397

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd Y Campbell
Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark.L Y Coleman Y Colwell
Connell Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis,C Y Davis,G Y Davis.M Y Dixon.H Y Dixon,S
N Dobbs Y Dover
Dunn Edwards YEhrhart Y Felton Fennel Y Floyd,J.M Y Floyd,J.W Foster
YGodbee YGoodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb
Holland Y Holmes Y Hooks
Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D YLane,R YLangford Y Lawrence
Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald
Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett Y Pannell YParham YParrish
Patten Y Pettit
Pinkston YPoag Y Porter YPoston
Y PoweU Randall
Y Ransom YRay
Reaves Redding Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Steele Stephens
Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y WaU Ware
Y Watson Y Watts
White Wilder Y Williams,B WiUiams,J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 146, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:

HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.

The following Senate substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to encourage the preservation, con servation, and protection of bona fide conservation use properties, including farms and for ests of not more than 2,000 acres, through conservation use tax assessment, and so as to assess all standing timber at two and one-half times the assessed percentage of value of

2398

JOURNAL OF THE HOUSE,

other real property only when it is harvested; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as fol lows:
"(a) All taxes shall be levied and collected under general laws and for public pur poses only. Except as otherwise provided in subparagraphs (c), and (d), and (e), all taxa tion shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax."
Section 2. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (e) and inserting in its place new subparagraphs (e) and (f) to read as follows:
"(e) Tangible real property which is devoted to bona fide conservation use purposes shall be assessed for ad valorem taxation as follows:
(1) The General Assembly shall provide by general law: (A) For a definition of the term 'bona fide conservation use properties,' not to
exceed 2,000 acres of any single property owner meeting the qualifications of divi sion (c)(l) of this Paragraph, including bona fide agricultural and timberland properties devoted primarily to growing trees and timber (but excluding standing timber), raising of livestock or poultry, or production of agricultural crops, horticul tural crops, forest crops, or any combination thereof which has been devoted to such use for at least five successive years preceding the tax year for which application for conservation use assessment is made;
(B) For establishment of an appropriate tax recapture for the change of use from a conservation use to a nonqualifying use of such property within ten years from the date of enrollment in conservation use; and
(C) For methods of conservation use assessment of qualified properties to be determined by a formula based on the current use and annual productivity of such property and real property market sales data, provided that in no event shall the tax collected be on a greater assessed percentage of value or at a higher rate of taxa tion than other properties, except that property provided for m subparagraph (c) or (d) of this Paragraph; (2) Standing timber shall be assessed only once, and such assessment shall be made in the taxable year following the year of harvest. Said assessment shall be two and one-half times the assessed percentage of value of other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph and shall for such year be subject to the same millage rates applicable to other taxable property; but in no event shall the assessed percentage of value be greater than the fair market value; (3) No property shall be entitled to both the provisions of this subparagraph (e) and the preferential assessment as provided in subparagraph (c) of this Paragraph, but any property shall be entitled to only one of them; and (4) If as the result of the implementation of the provisions of this subparagraph (e) or any Act of the General Assembly pursuant to this subparagraph (e) the total property tax digest of any county for tax year 1992 is reduced by greater than 30 per cent, the county digest may be supplemented by adding to the digest for tax year 1992:
(A) Assessed value equal to the total assessed value of standing timber removed from the digest pursuant to division (e)(2) of this Paragraph, such assessed value to be assigned on an equal per-acre basis to the land underlying the timber so removed from the digest; and
(B) Assessed value equal to the total reduction in the digest as a result of decreased valuation of qualified conservation use properties pursuant to subdivision (e)(l)(C) of this Paragraph, such assessed value to be assigned on an equal per-acre basis to such qualified conservation use properties.

TUESDAY, MARCH 6, 1990

2399

Where a digest is so supplemented for tax year 1992, it shall be supplemented in sub sequent years until the digest exclusive of such supplement is equal to or greater than the digest for tax year 1991. The total supplement shall for each such subsequent year, however, be reduced by an amount equal to the annual increase, if any, in the digest exclusive of the supplement. Such decrease shall be assigned pro rata to the standing timber supplement provided for in subdivision (A) of this division (4) and the conservation use supplement provided for in subdivision (B) of this division (4). {} (f) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c); er (d); or (e)."

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to encourage the preservation, conservation, and protection of bona fide conservation use properties, including farms and forests of not more than 2,000 acres, through conser vation use tax assessment and so as to assess all standing timber at two and one-half times the assessed percentage of value of other real property only when it is harvested?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state and shall take effect January 1, 1992.

Representative Royal of the 144th moved that the House disagree to the Senate sub stitute to HR 836.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 79. By Senator Timmons of the llth:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, relating to the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relating to membership in the sys tem; to amend Chapter 10 of Title 47 of the Official Code of Georgia Anno tated, relating to the "Trial Judges and Solicitors Retirement Fund Act," so as to change the provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck

Y Benefield Benn
Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd

2400

JOURNAL OF THE HOUSE,

Y Campbell Carrell
Y Carter Chambless
Y Chance Y Cheeks
Y Childers Clark,B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G
Davis.M Y Dixon.H
Dkon,S Y Dobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton
Fennel

Floyd,J.M Y Floyd,J.W
Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb
Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones

Y Kilgore Y Kingston
YLane,D YLane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas
Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr

YOrrock
Y Padgett YPannell YParham Y Parrish
Y Patten Y Pettit
Pinkston YPoag
Y Porter Y Poston Y Powell YRandall
Ransom YRay
Reaves Redding Richardson Y Ricketson Y Robinson Y Royal YSelman Simpson Y Sinkfield
Y Smith,L Y Smith.P Y Smith,T
Smith.W Smyre YSnow

Y Stancil,F
Y Stancil,S Y Stanley Y Steele
Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Townsend
YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and referred to the Committee on University System of Georgia:
HR 1064. By Representatives Hamilton of the 124th, Pannell of the 122nd, Dixon of the 128th, Johnson of the 123rd, Kingston of the 125th and others:
A resolution urging the Board of Regents to designate the Hans Kurt Muel ler Security Center of Armstrong State College.
The following Resolution of the House was read and referred to the Committee on Education:
HR 1065. By Representatives Hamilton of the 124th and Herbert of the 76th:
A resolution to provide for a study committee to examine the coordination of educational efforts to reduce the number of dropouts in Georgia.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the Senate were taken up for consideration and read the third time:
SB 707. By Senators Scott of the 2nd and Edge of the 28th:
A bill to amend Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, so as to change the time and requirements of recording certain state real property acquisition and disposition instruments and plats with the State Properties Commission; to provide for other matters relative thereto; to pro vide an effective date.

TUESDAY, MARCH 6, 1990

2401

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Y Aiken
Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Buford
YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Diion.H Y Dkon,S Y Dobbs Y Dover
YDunn Y Edwards YEhrhart Y Felton
Fennel Floyd,J.M
Y Floyd,J.W Foster
YGodbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney.B
McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton
Y Moultrie Y MueUer Y Oliver.C
Oliver,M YOrr
YOrrock
Y Padgett Y Pannell YParham
Parrish Y Patten
Pettit Pinkston
YPoag Y Porter YPoston Y Powell Y Randall Y Ransom
YRay Reaves Redding Richardson Ricketeon
Y Robinson Y Royal YSelman
Simpson Y Sinkfield

Y Smith.L
Smith,P Smith,T Smith,W Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SR 380. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1990, as "Motorcycle Awareness and You Month" in Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford
Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom
Bannister
Y Barfoot

Y Bargeron Y Barnett.B Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks

Y Brown
YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H

Y Clark.L
Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davi8,G Y Davis,M Y Dhran,H

Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton
Fennel FloydJ.M Y Floyd,J.W Foster YGodbee Y Goodwin

2402

JOURNAL OF THE HOUSE,

Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner
Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins

Y Johnson
Y Jones Y Kilgore
Y Kingston Y Lane,D YLane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong
Lord Lucas Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney.C
Y Meadows

YMilam
Y Mobley
Y Moody Y Morion Y Moultrie
Mueller Y Oliver.C
Oliver ,M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell
YRandall Y Ransom

YRay
Reaves Y Redding Y Richardson
Ricketaon Y Robinson Y Royal
YSelman Y Simpson
Y Sinkfield Y Smith,L Y Smith,P Y Smith,T
Smith.W Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley YSteele Y Stephens Y Streat YTeper

Y Thomas.C
Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L
YWall Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
WiUiams,J Y Yates
Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1009. By Representative Dixon of the 128th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler.

The following Senate substitute was read:

A BILL
To amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), is amended by striking from subsection (d) of Section 1.11 the fol lowing:
"ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of Pine Barren Road and the southerly right-of-way line of U.S. Highway 80."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Dixon of the 128th, et al, move to amend the Senate substitute to HB 1009 by striking lines 9 through 17 of page 1 and inserting in lieu thereof the following:

TUESDAY, MARCH 6, 1990

2403

"Section 1. An Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved March 19, 1984 (Ga. L. 1984, p. 4326), is amended by striking from subsection (d) of Section 1.11 the following:
'ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of Pine Barren Road and the southerly right-of-way line of U.S. Highway 80;
ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of U.S. Highway 80; extend thence northwestwardly along said southerly right-of-way line of U.S. Highway 80 also being the existing cor porate limit line for a distance of 4550 feet, more or less, to a point; extend thence generally northwest, crossing U.S. Highway 80, and along the said existing corporate limit line for a distance of 580 feet, more or less, to the northerly right-of-way line of Old U.S. Highway 80; extend thence northwestwardly along said northerly right-ofway line of said Old U.S. Highway 80 an existing corporate limit line for a distance of 500 feet, more or less, to the southerly right-of-way line of Central of Georgia RR; extend thence eastwardly along said southerly right-of-way line of Central of Georgia RR for a distance of 1695 feet, more or less, to the westerly property line of S. Wall extend thence southwardly along said westerly property line of S. Wall for a distance of 810.82 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence southeastwardly along said northerly right-of-way line of U.S. Highway 80 for a distance of 3500 feet, more or less, to the easterly property line of F. D. Benton; extend thence northeastwardly along said easterly property line of F. D. Benton for a distance of 400 feet, more of less, to the southwesterly property line of F. D. Benton; extend thence southeastwardly along said southwesterly property line of F. D. Benton for a distance of 1250 feet, more or less, to a drainage ditch which is an approximate property line; extend thence southwardly along said drainage ditch for a distance of 650 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence northwestwardly along said northeasterly right-of-way line of U.S. Highway 80 for a distance of 700 feet, more or less, to a point, said point being on the northerly right-of-way line of Pine Barren Road if extended northeastwardly; extend thence southwestwardly along said northerly right-of-way line of Pine Barren Road, crossing U.S. Highway 80 for a distance of 105 feet, more or less, to the point of beginning.',
and inserting in lieu thereof the following:
'ALSO ALL that certain lot, tract or parcel of land commencing at the intersection of the northerly right-of-way line of Pine Barren Road and the southerly right-of-way line of U.S. Highway 80; thence northwestwardly along said southerly right-of-way line of U.S. Highway 80 also being the existing corporate limit line for a distance of 4550 feet, more or less, to a point; extend thence generally northwest, crossing U.S. High way 80, and along the said existing corporate limit line for a distance of 580 feet, more or less, to the northerly right-of-way line of Old U.S. Highway 80; extend thence northwestwardly along said northerly right-of-way line of said Old U.S. Highway 80 an existing corporate limit line for a distance of 500 feet, more or less, to the southerly right-of-way line of Central of Georgia RR; extend thence eastwardly along said south erly right-of-way line of Central of Georgia RR for a distance of 1695 feet, more or less, to the westerly property line of S. Wall extend thence southwardly along said westerly property line of S. Wall for a distance of 810.82 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence southeastwardly along said northerly right-of-way line of U.S. Highway 80 for a distance of 3500 feet, more or less, to the easterly property line of F. D. Benton; extend thence northeastwardly along said easterly property line of F. D. Benton for a distance of 400 feet, more or less, to the southwesterly property line of F. D. Benton; extend thence southeastwardly along said southwesterly property line of F. D. Benton for a distance of 1250 feet, more or less, to a drainage ditch which is an approximate property line;

2404

JOURNAL OF THE HOUSE,

extend thence southwardly along said drainage ditch for a distance of 650 feet, more or less, to the northerly right-of-way line of U.S. Highway 80; extend thence northwestwardly along said northeasterly right-of-way line of U.S. Highway 80 for a distance of 700 feet, more or less, to a point, said point being on the northerly rightof-way line of Pine Barren Road if extended northeastwardly; extend thence southwestwardly along said northerly right-of-way line of Pine Barren Road, crossing U.S. Highway 80 for a distance of 105 feet, more or less, to the point of beginning.'"

Representative Dixon of the 128th moved that the House agree to the Senate substi tute to HB 1009, as amended by the House.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the Senate were taken up for consideration and read the third time:

SR 410. By Senators Scott of the 2nd, Coleman of the 1st and Kennedy of the 4th:
A resolution authorizing and encouraging negotiations to acquire certain real property located in Chatham County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron Abernathy
Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter N Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell
Connell Y Couch
Y Crawford
Y Crosby Y Cummings,B Y Cummings,M
Y Davi8,C Y Davis,G Y Davis,M
Y Dixon.H Y Dixon,S YDobbs Y Dover
Dunn Y Edwards YEhrhart Y Felton
Fennel Floyd,J.M Y FloydJ.W Foster
Godbee YGoodwin
Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Banner

Y Harris Y Hasty
Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Ylsakson Y JacksonJ Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston YLane,D
YLane,R Y Langford Y Lawrence Y Lawson NLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody YMorton Y Moultrie
Mueller
Y Oliver.C Oliver,M
YOrr Orrock
Y Padgett YPannell
YParham YParrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom YRay
Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith,W Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J
Y Yates Y Yeargin
Murphy,Spkr

TUESDAY, MARCH 6, 1990

2405

On the adoption of the Resolution, the ayes were 151, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.

SB 668. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the provisions relating to requirements for licensure in professional counseling and social work.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the provisions relating to requirements for licensure in professional counseling and social work; to change certain provisions relating to the practice of social work; to change the provisions restricting the use of certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relat ing to professional counselors, is amended by striking paragraph (5) of Code Section 43-10A-3, relating to definitions, and inserting in its place a new paragraph to read as fol lows:
"(5) 'Direction' means the ongoing administrative overseeing by an employer or supe rior of a specialty practitioner's work, for th purpoac ef The person providing direction shall be responsible for assuring the quality of the services rendered by that practitioner and shall ensure that qualified supervision or intervention occurs in situations which require expertise beyond that of the practitioner. Direction may be provided by any per son acceptable to the standards committee for that specialty in which the practitioner is working."
Section 2. Said chapter is further amended by striking Code Section 43-10A-10, relating to reciprocity, and inserting in its place a new Code section to read as follows:
"43-10A-10. The board may issue a license without examination to any applicant licensed in a specialty under the laws of another state er territory jurisdiction having requirements for licensure in that specialty which are substantially equal to the licensure requirements for that specialty in this state, if that state er territory accords a similar privilege to holders ef licenses under this chapter."
Section 3. Said chapter is further amended by striking paragraphs (2) and (3) of subsection (a) of Code Section 43-10A-11, relating to requirements for licensure in profes sional counseling, and inserting in their place the following paragraphs:
"(2) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and two years of post-master's directed experience with at least one of those two year years under supervision in a setting acceptable to the board; or
(3) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and four years of post-master's directed experience with at least one of those four year years under supervision in a setting acceptable to the board. Up to one year of such directed experi ence may have been in an approved practicum placement as part of the degree pro gram."

2406

JOURNAL OF THE HOUSE,

Section 4. Said chapter is further amended by striking subparagraph (a)(2)(B) of Code Section 43-10A-12, relating to requirement for licensure in social work, and inserting in its place a new subparagraph to read as follows:
"(B) As defined by the board, four years' full-time supervised experience under direction in the practice of social work following granting of the master's degree, except that one year of supervised such experience may have been in an approved practicum placement as part of & degree program. A doctoral degree in a specialty, an allied profes sion, or child and family development may substitute for one year of such supervised experience. At least one year of experience shall have occurred within two years immedi ately preceding application for licensure as a clinical social worker, or the applicant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application."
Section 5. Said chapter is further amended by striking subsection (b) of Code Sec tion 43-10A-12, relating to requirements for licensure in social work, and inserting in its place a new subsection to read as follows:
"(b) Licensed master's social workers may render or offer to render to individuals, couples, families, groups, organizations, governmental units, or the general public service which is guided by knowledge of social resources, social systems, and human behavior. They may provide evaluation, prevention, and intervention services which include but are not restricted to community organization, counseling techniques, and supportive ser vices such as administration, direction, consultation, research, or education. The first two years of their practice after licensure as a master's social worker shall be under direction and may only be in a public er private nonprofit agency or other licensed privfltc 8^*6ncy ftpprovcd oy trie Dottrel nerCQitcr, tney inzty cn^flgc tn privstc prftctice, except that those social workers whese practice includes counseling er psychothcrapcutic tcchmcjucs wi9y only eng&^e ifi sucri prscticc under trie supervision of st duly cjusliiieci supervisor ad enly for such period ef time as is prescribed for qualification te take the clinical social work licensing examination. T-h supervision schedule and supervisor must be acceptable te the beard and must be approved prior te entering private practice work setting acceptable to the board."
Section 6. Said chapter is further amended by striking subsection (a) of Code Sec tion 43-10A-21, relating to restrictions on the use of certain terms, and inserting in its place a new subsection to read as follows:
"(a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under subsection (a) of Code Section 43-10A-7 or the term 'professional counseling,' 'social work,' or 'marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty regulated under this Act chapter, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (2), (3), (7) er (9)j or (11) of subsection (b) of Code Section 43-10A-7, is licensed under this chapter."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken

Y Alford Y Alien
Y Athon Y Atkins

Y Bailey Y Baker
Y Balkcom Y Bannister

Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M

Bates Beck
Y Benefield Benn

TUESDAY, MARCH 6, 1990

2407

Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Y Davis.G Y Davis.M Y Diion,H

Y Duton,S YDobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Fennel Floyd,J.M
Y Floyd,J.W Foster
YGodbee YGoodwin
Green Y Greene
Gresham
Y Griffin Y Groover
Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Hudson
Ylrwin Y Isakson

Y Jackson,J
Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie

Mueller Y Oliver.C
01iver,M YOrr YOrrock Y Padgett Y Pannell YParham YParrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston
Y Powell YRandall
Y Ransom YRay
Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman Y Simpson
Y Sinkfield Y Smith,L Y Smith,? Y Smith,T
Smith,W

Smyre YSnow Y Stancil,F Y StanciLS Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C
Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder
WiUiams,B Williams.J YYates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 1139.

By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.

Representative Childers of the 15th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1139 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tem appointed as a Committee of Conference on the part of the House the following members:
Representatives Robinson of the 96th, Parham of the 105th and Childers of the 15th.

The following Resolution of the House was read and adopted:

HR 1050.

By Representative Brown of the 88th:
A resolution directing the Georgia Hazardous Waste Management Authority to conduct a comprehensive hazardous waste reduction study prior to design ing and locating certain treatment and storage facilities and to prepare an environmental impact statement under certain circumstances.

2408

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 699. By Senator Baldwin of the 29th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that neither computer programs nor computer software are subject to the provisions of said article; to define terms; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd
Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark.B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis,G Y Davis.M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster
Godbee Y Goodwin
Green Y Greene
Gresham Griffin
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell YRandaU
Y Ransom YRay
Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y SmithJL Y Smith.P Y Smith.T
Y Smith,W Smyre
YSnow Y StanciLF Y StanciLS Y Stanley
Y Steele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall
YWare Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1066.

By Representative Smith of the 152nd:
A resolution commending Judge Braswell D. Deen, Jr., and inviting him to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolutions of the Senate were taken up for consideration and read the third time:

TUESDAY, MARCH 6, 1990

2409

SR 416. By Senators Taylor of the 12th, Garner of the 30th and Turner of the 8th:
A resolution urging the Supreme Court to direct the implementation of crime prevention systems in all judicial circuits.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend SR 416 on page 1, line 1 by inserting after the word "Court" the words "of Georgia".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark.B Y Clark.H Y Clark,L
Y Coleman Y Colwell
Connell
Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis,G N Davis,M Y Dixon.H
Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster YGodbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson
Ylrwin Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D YLane,R
Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom YRay
Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,,! Y Yates
Y Yeargin Murphy,Spkr

On the adoption of the Resolution, as amended, the ayes were 156, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SR 432. By Senator English of the 21st:
A resolution providing that the Department of Natural Resources should not promulgate certain requirements applicable to gasoline service stations until such time as amendments to the Federal Clean Air Act have been finalized by Congress; to provide an effective date.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

2410

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Y Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield
Benn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Carrell Y Carter
Y Chambless Chance
Y Cheeks

Y Childers Clark,B
Y Clark,H Clark,L Coleman
Y Colwell Connell
Y Couch Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Diion.H
Dixon,S YDobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren
Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D
YLane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Y Lucas Y Lupton Y Mangum
Martin YMcCoy Y McDonald Y McKelvey

McKinney.B McKinney,C
Y Meadows YMilam Y Mobley Y Moody YMorton
Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Smyre
YSnow N Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 154, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

SB 248. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Pub lic Safety; to change the provisions relating to the payment of fees and the retention of fees.

The following amendment was read and adopted:

Representative Jackson of the 9th moves to amend SB 248 by inserting on line 8 of page 1 after the word and symbol "fees;" the following:
"to amend Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to identification cards for persons without drivers' licenses, so as to authorize the issuance of such identification cards to a person whether or not they pos sess a driver's license;".
By inserting between lines 6 and 7 of page 3 the following:
"Section 2. Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to identification cards for persons without drivers' licenses, is amended

TUESDAY, MARCH 6, 1990

2411

by striking subsection (a) of Code Section 40-5-100, relating to the authorization of the department to issue such cards, and inserting in lieu thereof the following:
'(a) The Department of Public Safety shall issue personal identification cards to all persons whe de net have motor vehicle drivers' licenses and who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified.'"
By redesignating Section 2 as Section 3.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks
Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Crosby Cummings,B Cummings,M Y Davis.C Y Davis,G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Griffin Y Groover Y Hamilton Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D
Y Lane.R Langford
Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey

McKinney,B McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie
Y Mueller Y Oliver.C
Oliver.M
YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall Y Ransom YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

On the passage of the Bill, as amended, the ayes were 152, nays 0.

Y Smith.L Smith,P Smith.T
Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,.J Y Yates Y Yeargin Murphy.Spkr

2412

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as ameannAdfeird\.

Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 639 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th, Lee of the 72nd, Buck of the 95th and others:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to specific business and occupation taxes, so as to change pro visions relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 750. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits.

The following Committee substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insur ance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits; to provide for applicability to certain societies, corporations, plans, organizations, and enti ties; to provide that certain group or blanket accident and sickness insurance policies or

TUESDAY, MARCH 6, 1990

2413

contracts may contain such benefits, coverages, and reimbursements as may be agreed upon between the group policyholder and its insurer; to provide exceptions; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Code Section 33-29-3.1 a new Code section to read as follows:
"33-29-3.2. (a) As used in this Code section, the term: (1) 'Mammogram' means any radiological examination of the breast for purposes
of detecting breast cancer when performed as a result of a physician referral or by a health testing service which utilizes radiological equipment approved by the Depart ment of Human Resources, which examination may be made with the following mini mum frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;
(C) Once every year for any female who is at least 50 years of age; and (D) When recommended by a physician for a female, without regard to age, where needed for diagnostic purposes or when she, her mother, or her sister has had a prior history of breast cancer. (2) 'Pap smear' or 'Papanicolaou smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the rec ommendation of a physician, which examination may be made once a year or more often if recommended by a physician. (3) 'Policy' means any benefit plan, contract, or policy except a disability income, specified disease, medicare supplement, or hospital indemnity policy. (b) Every insurer authorized to issue an individual accident and sickness insurance policy in this state which includes coverage for any female shall be required to make available, either as a part of each such policy or as an optional endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1990, coverage for mammograms and Pap smears for the covered females. (c) The optional coverage required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to cov erages, deductibles, or coinsurance provisions which apply to that coverage unless such provisions apply generally to other similar benefits provided or paid for under the acci dent and sickness insurance policy. (d) Nothing in this Code section shall be construed to prohibit the issuance of indi vidual accident and sickness insurance policies which provide benefits greater than those required by subsections (b) and (c) of this Code section or more favorable to the insured than those required by subsections (b) and (c) of this Code section. (e) The provisions of this Code section shall apply to individual accident and sick ness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health mainte nance organization, or any similar entity."
Section 2. Said title is further amended by adding after Code Section 33-30-4.1 a new Code section to read as follows:
"33-30-4.2. (a) As used in this Code section, the term: (1) 'Mammogram' means any radiological examination of the breast for purposes
of detecting breast cancer when performed as a result of a physician referral or by a health testing service which utilizes radiological equipment approved by the Depart ment of Human Resources, which examination may be made with the following mini mum frequency:
(A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age;
(B) Once every two years for any female who is at least 40 but less than 50 years of age;

2414

JOURNAL OF THE HOUSE,

(C) Once every year for any female who is at least 50 years of age; and (D) When recommended by a physician for a female, without regard to age, where needed for diagnostic purposes or when she, her mother, or her sister has had a prior history of breast cancer. (2) 'Pap smear' or 'Papanicolaou smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the rec ommendation of a physician, which examination may be made once a year or more often if recommended by a physician. (3) 'Policy' means any benefit plan, contract, or policy except a disability income, specified disease, medicare supplement, or hospital indemnity policy. (b) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage for any female shall be required to make available, either as a part of each such policy or as an optional endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1990, cover age for mammograms and Pap smears for the covered females. (c) The optional coverage required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to cov erages, deductibles, or coinsurance provisions which apply to that coverage unless such provisions apply generally to other similar benefits provided or paid for under the acci dent and sickness insurance policy. (d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness insurance policies which provide benefits greater than those required by subsections (b) and (c) of this Code section or more favorable to the insured than those required by subsections (b) and (c) of this Code section. (e) The provisions of this Code section shall apply to group accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service cor poration, a nonprofit medical service corporation, a health care plan, a health mainte nance organization, or any similar entity."
Section 3. Said title is further amended by adding at the end of Article 1 of Chapter 30, relating to group or blanket accident and sickness insurance, a new Code section, to be designated Code Section 33-30-12, to read as follows:
"33-30-12. (a) As used in this Code section, the term 'insurer' means any insurer or nonprofit organization authorized to sell accident and sickness insurance policies, sub scriber contracts, certificates, or agreements of any form under Chapters 15, 18, 19, 20, 21, and 30 of this title.
(b) Notwithstanding any other provisions of this title and except as provided in sub sections (c) and (d) of this Code section, from and after July 1, 1990, any insurer autho rized to transact insurance in this state shall be authorized to enter into policies or contracts of group or blanket accident and sickness insurance with any person to provide only such benefits, coverages, and reimbursements for services as may be mutually agreed upon between the group policyholder and such insurer.
(c) The provisions of subsection (b) of this Code section shall not be applicable to the insurance coverages provided in Code Section 33-24-21, relating to the termination of group coverage of a spouse and conversion rights; Code Section 33-24-22, relating to coverage for newly born or adopted children; Code Section 33-24-24, relating to coverage for complications of pregnancy; Code Section 33-24-28, relating to the termination of coverage of dependent children under certain circumstances; paragraph (4) of Code Sec tion 33-30-4, relating to the continuation of coverage of dependent children; and para graph (8) of subsection (b) of Code Section 33-30-6, relating to the continuation of coverage of dependent children.
(d) The provisions of subsection (b) of this Code section shall apply only to policies of group accident and sickness insurance which cover insured groups of 25 lives or less, exclusive of dependents, or which cover subgroups, within an insured group, of 25 lives or less, exclusive of dependents."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 6, 1990

2415

The following amendments were read and adopted:

Representative Dunn of the 73rd moves to amend the committee substitute to SB 750 by striking on line 11 of page 1 the following:
"benefits, coverages, and reimbursements", and inserting in lieu thereof the following:
"benefits and coverages".
By striking on lines 5 and 6 of page 6 the following:
"benefits, coverages, and reimbursements", and inserting in lieu thereof the following:
"benefits and coverages". By adding at the end of line 21 of page 6 the following: "The provisions of subsection (b) of this Code section shall not be construed to repeal or impair the provisions of Code Section 33-24-27 or Code Section 33-24-27.1 or any pro vision of this title which mandates the offering of specific insurance benefits or cover-

Representative Hamilton of the 124th moves to amend the Committee substitute to SB 750 by inserting after the word and symbol "exceptions;" on line 13 of page 1 the fol lowing:
"to provide for termination;".
By inserting between lines 27 and 28 of page 6 the following:
"Section 3. The provisions of Code Section 33-30-12 shall be repealed in their entirety on July 1, 1993, unless insurers shall provide proof that such agreements have resulted in the lowering of premiums and proof that coverage has been provided for additional employees under such agreements."
By redesignating Section 4 as Section 5.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B

Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd

Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Claik.B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford

Y Crosby Y Cummings,B
N Cummings,M Y Davis.C Y Davis.G Y Davis.M
Y Diion,H Y Diion,S YDobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Foster
Y God bee YGoodwin Y Green
Y Greene Gresham Griffin
Y Groover Y Hamilton YHanner Y Harris
Y Hasty Y Heard

2416
Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren N Hudson Y Irwin Ylsakson Y Jackson,J YJackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence

JOURNAL OF THE HOUSE,

Y Lawson Y Lee
Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B McKinney.C N Meadows Y Milam Y Mobley Y Moody
Y Motion Y Moultrie Y Mueller

Y Oliver.C Y Oliver,M
Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit
Y Pinkston N Poag Y Porter Y Poston Y Powell Y Randall Y Ransom N Ray
Y Reaves Redding
Y Richardson

Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,? Y Smith.T Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancil.S Y Stanley Y Steele Y Stephens Y Streat
Y Teper Y Thomas.C Y Thomas.M

Y Thompson Y Thurmond
N Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y WaU Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
WUliams,J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker assumed the Chair.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1651.

By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the 156th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Anno tated, relating to blasting or excavating near gas pipes and other under ground utility facilities, so as to clarify the purpose of said chapter.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1396. By Representatives Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd, Kingston of the 125th and Pannell of the 122nd:
A bill to create the Intergovernmental Council of Chatham County.

The following Senate substitute was read:

A BILL
To create the Intergovernmental Council of Chatham County; to provide for the pow ers and duties of the council; to provide for the membership of such council; to provide for the terms of such members; to provide for filling vacancies; to provide for staff; to pro vide for reports of the council; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 6, 1990

2417

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) There is created the Intergovernmental Council of Chatham County. The council shall be composed of 17 members as follows:
(1) The chairman of the Board of Commissioners of Chatham County, or his designee;
(2) The mayor of the City of Savannah, or his designee; (3) The president of the Board of Public Education of the City of Savannah and the County of Chatham, or his designee; (4) The mayor of each of the seven municipalities located wholly or partially located in Chatham County, or his designee; (5) Two members from the Chatham County legislative delegation to be designated by the chairman of the delegation; and (6) Six residents of Chatham County to be appointed by the legislative delegation, three by the Senate members of the delegation and three by the House delegation. (b) The members of the council who are elected officials shall serve on the council for the duration of their respective terms of office. The private citizen members of the council shall serve for terms of two years. A vacancy in any of the citizen member posi tions on the council shall be filled in the same manner as the original election for the remainder of the unexpired term. (c) The members of the Intergovernmental Council of Chatham County shall serve without compensation. The local governing authorities represented on the council shall cooperate in providing the council with any assistance necessary to perform its duties under this Act. (d) (1) The first meeting of the council shall be the first Monday in April, 1990. The council shall meet at a location to be selected by the two members of the Chatham County legislative delegation who serve on the council. (2) The members of the council shall, at their first meeting, elect one of their number to serve as chairman. The council shall meet at least quarterly and may meet more frequently on the call of the chairman. (3) The first chairman shall serve until December 31, 1991. Thereafter, the chair man shall serve for a term of one year beginning January 1 and expiring December 31 of each year.
Section 2. (a) The council shall perform the following duties and functions: (1) Serve as a forum for the discussion, study, and resolution of intergovernmental
problems; (2) Evaluate on a continuing basis the interrelationships among Chatham County
and the various local political subdivisions of the county in the provision of public ser vices to the citizens of Chatham County;
(3) Consider on its own initiative ways and means of fostering better relations and an effective working relationship among the political subdivisions of Chatham County; and
(4) Develop short-term and long-range objectives, goals, and strategies for address ing the issues facing Chatham County. (b) The council shall issue an annual report of its findings and recommendations not later than December 31 of each year. (c) The council is authorized, in furtherance of its duties, to hold public hearings at various locations in the county to obtain input from residents of the county and its munic ipalities.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Hamilton of the 124th moved that the House agree to the Senate sub stitute to HB 1396.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

2418

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 443. By Senators Kidd of the 25th, Harris of the 27th and Ray of the 19th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to court, and Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to provide for definitions; to provide for jurisdiction and findings.

The following amendment was read and adopted:

Representative Chambless of the 133rd moves to amend SB 443 by inserting on page 56 between lines 11 and 12 the following:
"(c) Nothing in this code section shall make unlawful personal communications by an individual seeking to adopt a child or children by the individual."

The following amendment was read and withdrawn:

Representative Ehrhart of the 20th moves to amend SB 443 as follows: On Line 14 page ten to read 19-8-14. Strike 19-8-19. The following amendment was read and adopted:
The Committee on Judiciary moves to amend SB 443 by striking line 2 of page 54 and inserting in lieu thereof the following:
"pursuant to this subsection not to exceed a fee of $250.00 together with approved reasonable and necessary out-of-pocket expenses."
By striking lines 3 through 20 of page 55.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aikcn Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn

Y Birdsong
Y Bishop
Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Y Campbell Carrell
Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L

Y Coleman Y Colwell
Y Connell Couch
Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis,C N Davis.G Y Davis.M Y Diion,H Y Dixon.S YDobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

Floyd,J.M Y Floyd,J.W
Foster
YGodbee YGoodwin Y Green Y Greene
Gresham
Y Griffin Y Groover Y Hamilton
Banner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

Y Howren Y Hudson
Ylrwin Ylsakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Y Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R N Langford Y Lawrence Y Lawson NLee Y Under YLong

TUESDAY, MARCH 6, 1990

2419

YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney.B
McKinney.C N Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie

N Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter YPoston Y Powell

Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P Y Smith.T Y Smith,W

YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele N Stephens
Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend

YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 154, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 484 Do Pass, by Substitute SB 485 Do Pass, as Amended
Respectfully submitted, Is,/ Colwell of the 4th
Chairman

Representative Kilgore of the 42nd District, Chairman of the Committee on Transpor tation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1013 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms.

2420

JOURNAL OF THE HOUSE,

The following amendment was read and withdrawn:

The Committee on Insurance moves to amend SB 662 by striking on line 5 of page 4 the following:
"Section 3.",
and inserting in lieu thereof the following:
"Section 2.".

The following substitute, offered by Representative Dunn of the 73rd, was read:

A BILL
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to provide that certain medical expenses payable under motor vehicle insurance policies may be subject to benefit levels represent ing usual, customary, and reasonable charges; to increase the amount of certain benefits payable for funeral and burial expenses; to provide that certain coverages shall be made available on a deductible basis; to provide for various deductible amounts; to provide that certain deductibles shall not be applicable to a guest passenger; to increase the amount of optional benefits payable without regard to fault which shall be offered by an insurer; to provide that an insurer shall be liable for punitive damages not to exceed a certain amount and attorney's fees as the result of the failure or refusal to pay benefits under said chapter; to provide that an insurer shall be subject to sanctions imposed by the Commis sioner of Insurance as the result of such insurer's failure or refusal to pay benefits under said chapter; to authorize the coordination of benefits when payable under more than one policy of insurance; to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms; to provide exceptions; to require insurers to main tain as a part of a rating plan a separate tier of such plan for coverages provided to per sons who are good drivers; to provide for reductions in premiums under certain conditions; to require the Commissioner to provide by rule for the efficient settlement of property damage claims under motor vehicle insurance policies; to provide an effective date; to pro vide for the examination of rating plans by insurers and for the reduction of rates on and after a certain date; to provide a short title; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Consumer Auto Insur ance Affordability Act of 1990."
Section 2. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in its place a new paragraph (2) of subsection (a) to read as follows:
"(2) The coverage for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, may provide shall be written upon the policy form with an exclusion of net mere tha the first $250.00 of such loss or damage to any insured in any one accident and may be subject to differing levels of deductibles at the request of the policyholder in amounts of $100.00, $500.00. and $1,000.00."
Section 3. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code

TUESDAY, MARCH 6, 1990

2421

Section 33-34-4, relating to minimum required motor vehicle insurance coverages, and inserting in its place a new Code Section 33-34-4 to read as follows:
"33-34-4. (a) No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has insurance on the vehicle providing the following minimum coverage:
(1) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state;
(2) Compensation to insured injured persons without regard to fault up to an aggregate minimum limit of $5,000.00 per insured injured person for:
(A) All necessary medical expenses, not to exceed $2,500.00, arising from a motor vehicle accident, including necessary medicine, drugs, and surgical, dental, X-ray, and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services as prescribed, authorized, approved, or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method. Any nonemergency expenses may be subject to benefit levels which represent usual, customary, and reasonable charges to be determined in substan tially the same manner as determined by insurers for accident and sickness cover-
(B) Eighty-five percent of the loss of income or earnings of the insured during disability with a maximum benefit of $200.00 per week or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corpo ration during the period of the insured's disability with a maximum benefit of $200.00 per week;
(C) Expenses, not to exceed $20.00 per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have performed not for income but for the benefit of his or her household; and
(D) Funeral services and burial expenses not to exceed $1,500.00 $3,000.00 per person. (b) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of this Code section shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or chil dren, or both. Survivor's benefits shall be payable at least monthly until exhausted.
(c) The total benefits required to be paid under this Code section without regard to fault as the result of any one accident shall not exceed the sum of $5,000.00 per each individual covered as an insured person or such greater amount of coverage as has been purchased on an optional basis as provided in Code Section 33-34-5, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage.
(d) An insurer may shall make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section and (a)(l)(A) and (a)(l)(B) of Code Section 33-34-5 available on a deductible basis7 in amounts of $100.00, $250.00, $500.00, $1,000.00, and $1,500.00 at the option of the named insured and at a reduced price. Deductibles above $1,500.00 may be offered. Such a deductible shall not, however, apply to compensation to a pedestrian2 to compensation to a guest passenger, or to compensa tion to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and permanent paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there

2422

JOURNAL OF THE HOUSE,

exist two or more policies providing coverage under this Code section, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy."
Section 4. Said chapter is further amended by striking subsection (a) of Code Sec tion 33-34-5, relating to optional motor vehicle insurance coverages, and inserting in its place a new subsection (a) to read as follows:
"(a) Each insurer shall also make available on an optional basis the following cover age:
(1) An aggregate limit of benefits payable without regard to fault up to $60,000.00 $100,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of sub section (a) of Code Section 33-34-4:
(A) Any expenses of the type described in subparagraph (a) (2) (A) of Code Sec tion 33-34-4;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corpo ration organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disabil ity;
(C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and
(D) Funeral services and burial expenses not to exceed $2,000.00 $3,500.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's sup port for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted; (3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehi cle, provided that benefits payable under this paragraph shall be written upon the pol icy form with a $250.00 deductible and may be subject to differing levels of deductibles at the request of the policyholder in amounts of $500.00 and $1,000.00."
Section 5. Said chapter is further amended by striking subsection (c) of Code Section 33-34-6, relating to the payment of benefits by insurers and proceedings upon the failure or refusal to pay such benefits, and inserting in its place a new subsection (c) to read as follows:
\c^ in audition to all otncr penalties provided lor ifi tni3 v^odc section, tR tne event that an insurer fails or refuses to pay a person the benefits which the person is entitled to under this chapter within 60 days after proper proof of loss has been filed, the person may bring an action to recover the benefits; and, if the insurer fails to prove that its failure or refusal to pay the benefits was in good faith, the insurer shall be subject to punitive damages not to exceed three times the amount due or $25,000.00, whichever is the greater amount, and reasonable attorney's fees. The Commissioner shall be given notice of such actions by an insurer. The Commissioner shall take appropriate action against such insurer as for a violation of Chapter 6 of this title, including the assessment of fines, suspension or revocation of a certificate of authority, or such other action as is appropriate in the case."
Section 6. Said chapter is further amended by striking Code Section 33-34-8, relating to the reduction or elimination of benefits under said chapter where the injured person

TUESDAY, MARCH 6, 1990

2423

is entitled to receive workers' compensation benefits, in its entirety and inserting in its place a new Code Section 33-34-8 to read as follows:
"33-34-8. (a) The benefits payable under this chapter shall not be reduced or elimi nated by any workers' compensation benefits, medical payment benefits, er any other disability benefits, wage less benefits, e* hoapitalization benefits that the injured person is entitled to receive, except as provided in subsections (b) and (c) of this Code section.
(b) In those instances where the benefits payable under this chapter have been pro vided for at the expense of an employer who is also obligated by statute to provide com pensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law.
(c) In those instances where the benefits payable under this chapter have been pro vided for at the expense of an employer who is also obligated by statute to provide com pensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability or an amount which is equal to the amount the person is entitled to receive as compen sation for the loss under any workers' compensation law plus the limits of the coverage under any applicable policy of motor vehicle insurance or under any program of self-in surance providing such benefits, whichever is less.
(d) The benefits provided under a policy of motor vehicle insurance which are pay able without regard to fault for expenses described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(l)(A) or subparagraph (a)(l)(B) of Code Section 33-34-5 shall be primary for accidental bodily injury or disabil ity with respect to similar benefits under other insurance policies except policies provid ing coverage for workers' compensation benefits. Benefits payable for the expenses described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(l)(A) or subparagraph (a)(l)(B) of Code Section 33-34-5 under a group or blanket policy of accident and sickness insurance, or a disability group policy may be reduced or eliminated to the extent that an insured injured person is entitled to receive compensation for such expenses under a policy of motor vehicle insurance.
(e) For purposes of ranking the order of benefits payments in cases of more than one applicable policy, the order of payment shall be as follows:
(1) Motor vehicle insurance; (2) Group or blanket accident and sickness insurance; and (3) Group disability insurance. (f) No person shall recover for economic loss from the sources specified in subsec tions (d) and (e) of this Code section a total amount which exceeds the amount of eco nomic loss. {d} (g) Medical payment benefits and uninsured motorists' benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this chapter. (h) This Code section shall not apply to individual accident and sickness policies or individual disability policies."
Section 7. Said chapter is further amended by adding at the end thereof three new Code sections, to be designated Code Sections 33-34-18, 33-34-19, and 33-34-20, to read as follows:
"33-34-18. (a) For each personal or family-type policy of motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after July 1, 1990, there shall be

2424

JOURNAL OF THE HOUSE,

offered by the insurer a reduction in the premium for motor vehicle liability, bodily injury, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver:
(1) Is unmarried; (2) Is enrolled as a full-time student in:
(A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; and (3) Is an honor student because the scholastic records for the immediately preced ing quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll.' (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in sub section (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from.
33-34-19. (a) (1) As used in this Code section, the term 'good driver' means a per son who, for the three years immediately preceding the date of an application for pri vate passenger motor vehicle insurance or any renewal of such insurance, has held a valid driver's license, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle, has successfully completed a defensive driving course as provided in Code Section 33-34-16, and has had no claims based on the insured's fault.
(2) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages provided to insureds who are good drivers. Such rating plan tier shall con tain a minimum of 10 percent lower rates when compared with the remainder of the plan. Where applicable, the requirements of this paragraph may be satisfied by the maintenance of interrelated rating plans between affiliated insurers, so long as insur eds who are good drivers receive placement in the rating plan of the insurer which corresponds to the separate good driver tier.
(b) Each insurer providing coverages under this chapter shall maintain as a part of its rating plan reductions in premiums for statistically recognized cost reductions associ ated with risks. Reductions in premiums shall be given for, but are not limited to, the following:
(1) Package policies or multiple vehicle coverages;
(2) Group policies, if available;

TUESDAY, MARCH 6, 1990

2425

(3) Antitheft devices; and (4) Improved vehicle safety equipment. 33-34-20. The Commissioner shall provide by rule procedures for the expeditious and efficient settlement of property damage claims under private passenger motor vehicle policies. Such procedures may include but shall not be limited to: (1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market values on total losses; (4) Use of aftermarket parts; and (5) Time limitations for payments."
Section 8. This Act shall become effective on October 1, 1990, and shall apply to policies issued on or after such date. After this Act becomes law upon the approval of the Governor or becomes law without such approval, insurers providing coverages under Chap ters 7 and 34 of Title 33 of the Official Code of Georgia Annotated shall examine existing rating plans under said chapter regarding the effects of this Act and other enactments of the 1990 regular session of the General Assembly and may file changes to such plans to effectuate the provisions of such Acts. The Commissioner shall reduce by 10 percent on the effective date of this Act all rating plans for which no filing is received. Any rating plan filed prior to October 1, 1990, which does not contain at least a 10 percent reduction shall be subject to independent examination in the manner provided in Code Section 33-9-21 of the Official Code of Georgia Annotated as if an increase had been filed.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Birdsong of the 104th moves to amend the floor substitute to SB 662 by adding on line 4 of page 2 after the semicolon and before the phrase "to require" the following:
"to require private passenger motor vehicle insurance policies to contain certain provi sions relative to the settlement of total loss claims on certain motor vehicles; to provide for applicability; to provide definitions;".
By striking on line 28 of page 10 the word "three" and inserting in lieu thereof the word "four".
By adding on line 29 of page 10 after "33-34-19," and before the word "and" the fol lowing:
"33-34-19.1,".
By adding between lines 26 and 27 of page 13 the following:
"33-34-19.1. (a) Each policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed in this state on and after July 1, 1990, shall provide that, with respect to any property damage liability, collision, or comprehensive claim in which a new motor vehicle within 30 days of the purchase date or any motor vehicle with an odometer reading of 2,500 miles or less is declared a total loss, the insured or other claimant suffering property damage shall have the option of accepting the full purchase price of the motor vehicle or a replacement vehicle in settlement of the claim.
(b) For the purposes of this Code section, 'full purchase price of the motor vehicle' means the total of any amount previously paid by the insured or other claimant toward the purchase of the motor vehicle and the amount for which the insured or other claim ant is liable to a lienholder under a financing agreement with respect to such motor vehicle."

2426

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams Y Aiken Y Alford Y Alien N Athon Y Atkins Y Bailey
Baker Balkcom N Bannister YBarfoot N Bargeron Y Barnett,B N Barnett.M
Beck Y Benefield
Benn Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell N Carrell N Carter N Chambless N Chance
Cheeks

Y Childers Clark,B
N Clark.H Y Clark,L
Coleman N Colwell N Connell
Couch
Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C
Davis,G N Davis.M Y Dixon.H N Dixon,S NDobbs
Dover N Dunn
Edwards YEhrhart
Felton Fennel N Floyd,J.M N Floyd,J.W Foster YGodbee N Goodwin Green Y Greene Gresham N Griffin N Groover N Hamilton N Manner

Y Harris
Y Hasty N Heard
Y Herbert N Holcomb N Holland N Holmes
Hooks
Howren Y Hudson NIrwin N Isakson N Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson N Jones Y Kilgore N Kingston NLane,D
YLane,R Y Langford
N Lawrence N Lawson
YLee N Linder NLong YLord N Lucas N Lupton N Mangum
Martin NMcCoy N McDonald Y McKelvey

N McKinney.B
Y McKinney.C
Y Meadows Milam
N Mobley Y Moody NMorton
Moultrie
N Mueller N Oliver.C N Oliver,M NOrr Y Orrock N Padgett N Pannell
Parham NParrish
Patten N Pettit
Pinkston NPoag Y Porter
Poston Y Powell
Randall N Ransom YRay Y Reaves
Redding Y Richardson N Ricketson N Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith,L N Smith,P Y Smith,T N Smith,W
Smyre Snow StanciLF N Stancil,S
Y Stanley Steele
Y Stephens Streat
YTeper
Y Thomas.C Thomas.M Thompson Thurmond
N Titus Y Tolbert N Townsend
Twiggs N Vaughan N Waddle
Walker.C N Walker.L N Wall
N Ware N Watson Y Watts N White Y Wilder Y Williams3
Williams.J N Yates
Yeargin Murphy,Spkr

On the adoption of the amendment, the ayes were 63, nays 71. The amendment was lost.

The following amendments were read and adopted:

Representatives Bishop of the 94th and Dunn of the 73rd move to amend the Floor substitute to SB 662 as follows:
By striking on page 5 lines 18-19 the following:
"deductibles above $1,500 may be offered."

Representative Mangum of the 57th moves to amend the Floor substitute to SB 662 as follows:
By adding after 5 on page 11, line 31:
(6) Deductibles (7) Good Drivers

Representative Stephens of the 68th moves to amend the Floor Substitute to SB 662 as follows:
By adding to the caption the following:

TUESDAY, MARCH 6, 1990

2427

To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against unin sured motorists, so as to provide that in cases of an unknown person operating a motor vehicle, physical contact shall not be required where a named defendant contends or testi fies that such unknown person caused or contributed to the cause of the occurrence and in the trial of the case such contention or testimony is corroborated by an eyewitness; to provide for related matters; to repeal conflicting laws; and for other purposes.
By adding as Section 9 the following:
Section 1. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to the requirement of motor vehicle liability policies and coverage of claims against unin sured motorists, is amended by striking paragraph (2) of subsection (b) of said Code sec tion and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) A motor vehicle shall be deemed to be uninsured if the owner or operator of the motor vehicle is unknown. In those cases, recovery under the endorsement or provi sions shall be subject to the conditions set forth in subsections (c) through (j) of this Code section and, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured. Such physical contact shall not be required if the description by the claim ant of how the occurrence occurred is corroborated by an eyewitness to the occurrence other than the claimant. Such physical contact shall not be required in any action where a named defendant contends or testifies that an unknown person operating a motor vehicle caused or contributed to the cause of the occurrence and in the trial of the case such contention or testimony is corroborated by any eyewitness to the occurrence."
By renumbering Section 9 as Section 10.

The following amendment was read:

Representative Thomas of the 69th moves to amend the floor substitute to SB 662 by striking the word "and" at the end of line 25 of page 13.
By striking the period at the end of line 26 of page 13 and inserting in its place a semicolon.
By adding between lines 26 and 27 of page 13 the following:
"(5) Good driver discount; and
(6) Deductibles."
By adding "or" after the word "vehicle" on line 32, page 12.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Aaron N Abernathy
N Adams Aiken
N Alford Y Alien NAthon Y Atkins Y Bailey
Baker Balkcom Y Bannister

Y Baifoot N Bargeron
Y Barnett.B Y Barnett.M
Bates N Beck YBenefield
Benn N Birdsong
Y Bishop N Bostick Y Branch

Y Breedlove Y Brooks
N Brown Y Buck N Buford Y Byrd Y Campbell Y Carrel! N Carter
Y Chambless N Chance
Cheeks

N Childers Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell Y Couch N Crawford
Y Crosby Y Cummings,B
Cummings.M

Y Davis.C N Davis,G
N Davis,M Y Dixon.H Y Dixon.S N Dobbs Y Dover N Dunn Y Edwards
Y Ehrhart Y Felton
Fennel

2428
N Floyd,J.M N Floyd,J.W N Foster Y Godbee Y Goodwin Y Green N Greene
Gresham N Griffin N Groover N Hamilton N Hanner N Harris N Hasty N Heard Y Herbert N Holcomb Y Holland Y Holmes N Hooks Y Howren N Hudson Ylrwin Y Isakson

JOURNAL OF THE HOUSE,

N Jackson,J N Jackson.W
Y Jamieson Y Jenkins
Johnson N Jones N Kilgore N Kingston
N Lane.D Y Lane,R Y Langford Y Lawrence N Lawson
YLee N Linder N Long YLord N Lucas
Lupton N Mangum
N Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
N McKinney.C
Y Meadows Milam
Y Mobley N Moody
Y Morton Moultrie
Y Mueller N Oliver.C
01iver,M NOrr
Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston YPoag Y Porter
Poston Y Powell

Randall
N Ransom YRay Y Reaves
Redding Richardson
N Ricketson Y Robinson N Royal N Selman Y Simpson
Sinkfield Y Smith,L N Smith,P Y Smith,T
Y Smith.W YSmyre YSnow
Stancil,F Y StanciLS
Stanley Steele Y Stephens Y Streat

Y Teper
Y Thomas,C Y Thomas,M
Thompson Thurmond N Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan N Waddle
Walker.C
N Walker.L Y Wall N Ware N Watson N Watts
White N Wilder Y Williams,B
WiUiams,J Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 87, nays 60. The amendment was adopted.

On the adoption of the Floor substitute, as amended, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates Beck Y Benefield Benn Y Birdsong Y Bishop
Y Bostick Y Branch N Breedlove
Brooks Y Brown YBuck N Buford YByrd
Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Clark,B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis.M Y Dixon.H Y Dkon.S Y Dobbs Y Dover YDunn Y Edwards N Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster N Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin YIsakson Y Jackson,J Y Jackson.W
Jamieson N Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong
YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

Y McKinney.B Y McKinney.C N Meadows
Milam
Y Mobley Y Moody N Morton
Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston YPoag Y Porter
Poston Y Powell
Randall Y Ransom NRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

N Smith.L Y Smith,P Y Smith.T Y Smith.W
YSmyre YSnow
StanciLF Y Stancil,S Y Stanley Y Steele
Stephens
Streat Y Teper Y Thomas,C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend NTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L N Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams,B
Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the adoption of the Floor substitute, as amended, the ayes were 141, nays 12. The Floor substitute, as amended, was adopted.

TUESDAY, MARCH 6, 1990

2429

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Bates YBeck Y Benefleld
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell Y Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis,M Y Diion,H
Y Dixon,S YDobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks YHowren Y Hudson
Ylrwin Ylsakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane.D
YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
Y McDonald Y McKelvey

Y McKinney.B
Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody YMorton
Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
Ray Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman
Y Simpson Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith,W
YSmyre YSnow
Stancil,F Y Stancil,S
Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M
Thompson Y Thurmond Y Titus
Y Tolbert Townsend
YTwiggs Y Vaughan
Y Waddle Walker.C
Y Walker,L Y Wall YWare Y Watson Y Watts
White Y Wilder Y WUliams,B
Williams.J Y Yates YYeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 569. By Representatives Hamilton of the 124th and Parham of the 105th

A RESOLUTION
Creating the House Certificate of Need for Traumatic Brain Injury Facilities Study Committee; and for other purposes.
WHEREAS, there is a serious shortage of facilities in this state to provide subacute rehabilitative services to persons suffering traumatic brain injury; and
WHEREAS, despite that shortage, such facilities are nevertheless required to obtain certificates of need prior to their offering those services; and
WHEREAS, persons suffering traumatic brain injury have unique needs which may not be adequately met in facilities other than those specializing in such services; and
WHEREAS, the state's certificate of need requirement for such specialized facilities may unduly discourage the operation of those facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Certificate of Need for Traumatic Brain Injury

2430

JOURNAL OF THE HOUSE,

Facilities Study Committee to be composed of five members of the House of Representa tives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 1, 1990.

The following substitute, offered by Representative Hamilton of the 124th, was read and adopted:

A RESOLUTION
Creating the House Facilities for Traumatic Brain Injured and Other Physically Debil itated Persons Study Committee; and for other purposes.
WHEREAS, there is a serious shortage of facilities in this state to provide subacute rehabilitative services to persons suffering traumatic brain injury or other severe physical debilitations; and
WHEREAS, despite that shortage, such facilities are nevertheless required to obtain certificates of need prior to their offering those services; and
WHEREAS, persons suffering traumatic brain injury or other severe physical debilitations have unique needs which may not be adequately met in facilities other than those specializing in such services; and
WHEREAS, the Department of Human Resources is required to classify and permit health care facilities but does not have adequate classifications for such specialized facili ties.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Facilities for Traumatic Brain Injured and Other Physically Debilitated Persons Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds of the legislative branch of government. In the event the

TUESDAY, MARCH 6, 1990

2431

committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 1, 1990.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the ayes were 101, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

SB 335. By Senator Tate of the 38th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.

By unanimous consent, further consideration of SB 335 was postponed until tomor row, Wednesday, March 7, 1990.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1835. By Representatives Johnson of the 123rd, Mueller of the 126th, Hamilton of the 124th, Kingston of the 125th, Dixon of the 128th and others:
A bill to provide for the Savannah-Chatham County Anti-Drug Commission, a body corporate and politic; to authorize such commission to take such actions and do such things as it shall deem necessary and proper to deter and control, with the intent to ultimately reduce, or eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or controlled sub stances.

The following Senate substitute was read:

A BILL
To provide for the Savannah-Chatham County Anti-Drug Commission, a body corpo rate and politic; to authorize such commission to take such actions and do such things as it shall deem necessary and proper to deter and control, with the intent to ultimately reduce, or eliminate, the unlawful use, consumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufacturing, and growing of dangerous drugs or con trolled substances, as defined by the laws of Georgia; to confer upon it certain powers, duties, and jurisdiction; to state its purpose and authorizations; to authorize such commis sion to contract and to acquire, purchase, lease, receive, hold, possess, sue, and enjoy real and personal property of every kind and character and to have and use a seal and alter the same at its pleasure and to enter into agreements with any municipality, county, polit^ ical subdivision, body politic, the State of Georgia, or the United States of America and all of their respective agencies, entities, or instrumentalities, in the exercise of its duties, powers, and functions; to provide for the membership and the appointment of members of the commission; to provide that no debt or obligation of the City of Savannah, other municipalites, or the county of Chatham shall be incurred in the exercise of any of the powers granted by this Act; to provide for annual reports; to provide the term or period

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of time that such commission shall exist and to provide for the termination or dissolution of such commission; to provide for severability; to provide for the rights, authority, and powers of other agencies; to repeal conflicting laws; and for other purposes.

WHEREAS, it is desirable and in the public interest that such actions be initiated and implemented to control or deter, with the ultimate objective of reducing or eliminat ing, the unlawful use and possession of dangerous drugs and controlled substances in the City of Savannah, other municipalities, and in Chatham County; that educational pro grams to inform and warn the public of the harmful effects and dangers of such drugs and substances be implemented with due deliberate speed; that appropriate actions be taken to investigate the widespread use and possession of such drugs and substances; that full support of strict enforcement of the pertinent criminal laws be given and that offenders receive just and adequate punishment or be removed from society; that such inquiries and investigations be made and such affirmative actions be taken and done to promote and effect the purpose and intent of this Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short title. This Act may be cited as the "Savannah-Chatham County Anti-Drug Commission Act."

Section 2. Anti-Drug Commission. There is created a body corporate and politic, to be known as the "Savannah-Chatham County Anti-Drug Commission," which shall be deemed to be a public corporation and by such name, style, and title, may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity; provided, however, that the commission shall have and enjoy any and all immunities as are now or hereafter granted to it or authorized by the Constitution and laws of this state.

Section 3. Term of existence or duration. The commission shall have existence for and during a term of five years, beginning on July 1, 1990, and terminating on June 30, 1995, at which time such commission shall be dissolved and shall thereafter be nonexis tent.

Section 4. Composition, (a) The commission shall be composed of 30 members. Except as otherwise provided in this subsection, the members shall be appointed initially by the members of the General Assembly whose legislative districts are wholly or partially within Chatham County, to fill the respective posts, as follows:

Post

Members

1. The mayor of the City of Savannah; 2. The chairman of the Board of Commissioners of Chatham County; 3. The mayor of the City of Garden City; 4. The mayor of the City of Pooler; 5. The mayor of the City of Port Wentworth; 6. The mayor of the City of Bloomingdale; 7. The mayor of the City of Tybee Island; 8. The mayor of the Town of Thunderbolt; 9. The sheriff of Chatham County; 10. The district attorney of the Eastern Judicial Circuit of Georgia; 11. The president or chairperson of the Chatham County Medical Association; 12. The president or chairperson of the Chatham County Pharmacutical Association; 13. The president or chairperson of the Chatham County Ministerial Association; 14. The president of the Savannah Area Chamber of Commerce; 15. One person appointed by the Chatham County Board of Education; 16. The chairperson of the Chatham County Independent School Association; 17. The chief judge of the superior court, or his designee; 18. The chief of police of the City of Savannah; 19. The chief of police of Chatham County;

TUESDAY, MARCH 6, 1990

2433

20. The director of the Chatham-Savannah Youth Futures Authority; 21. The director of the Board of Health of Chatham County; 22. The director of the Tidelands Community Mental Health Center; 23. The director of Family and Children Services; 24-26. One member shall be appointed to each of these three posts by the governing
authority of the City of Savannah for such term of office as such governing authority may desire during the five-year existence of such commission; 27-29. One member shall be appointed to each of these three posts by the governing authority of Chatham County for such term of office as such governing authority may desire during the five year existence of such commission; 30. One member shall be a recovering substance abuser to be jointly nominated by the City of Savannah and Chatham County. (b) Each of the officials in Posts 1 through 14 and Posts 15 through 17 shall serve as a member of such commission during his or her respective term of office and each shall be succeeded as a member of such commission by his or her respective successor in office during the five-year term of existence of said commission, with the right and privilege of any such officer, should he or she deem it inappropriate, or improbable, for any reason or cause to serve on such commission, said official may designate a member to serve in his or her place on said commission. Posts 18 through 23 will fill their respective post as a condition of employment, or appointment, and if said member vacates his or her employ ment said replacement shall fill the vacancy.
Section 5. Vacancies, (a) Any vacancy in the above-designated Posts 24 through 26 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the City of Savannah.
(b) Any vacancy in the above-designated Posts 27 through 29 occurring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the governing authority of the County of Chatham.
(c) Any vacancy in the above-designated Post 30 occurring by death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed jointly by the governing authorities of the City of Savannah and the County of Chatham.
(d) Any vacancy in the above-designated Post 15 occuring by the death, resignation, or otherwise of such member shall be filled for the unexpired term of the member whose seat has been vacated by a person appointed by the Chatham County Board of Education.
Section 6. Officers. Annually, the commission shall elect one of its members to serve as chairman of the commission and another of its members to serve as vice chairman of the commission. The board may also elect a clerk or secretary of such commission, who need not be a member of the commission and who shall serve at the will of the commis sion. The commission may designate, appoint, or employ such other officers, agents, and employees as the commission may deem proper. The chairman shall preside at all meetings of the commission and shall serve as its chief executive officer. For and during the absence, disqualification, or disability of the chairman, the vice chairman shall serve as chairman. If the chairman's seat is vacated, the vice chairman shall assume the duties of the chairman until such time as the chairman's vacancy is filled by the election of another by the commission. If the vice chairman's seat is vacated, the commission shall elect another of its members to fill such vacancy for the unexpired term of office.
Section 7. Meetings. The commission shall hold at least one regular meeting monthly at such time and place as the commission may from time to time designate. The time, date, and place of any such regular meeting may be changed as the members of the com mission may deem meet and proper. No notice shall be required to be given for any regu lar meeting, being any meeting designated to be held regularly by resolution of the members of the commission, such as quarterly, bimonthly, monthly, semimonthly, or weekly meetings or such other meetings held at regular periodic intervals. The commission

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is authorized to provide for the holding of special meetings, to provide for the time, place, and manner of holding and calling special meetings, and to provide for giving notice and waiver of notice of the time, place, and purpose of such meetings, all as the members of said commission, in their sole discretion, shall deem proper. A majority of the members then serving on the commission shall constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the members of the commission present at any meeting may adjourn the meeting from time to time until a quorum can be obtained. Notice of any adjourned meetings need only be given by announcement at the meeting at which the adjournment is taken. All resolutions adopted and all business transacted by the commission shall require the affirmative vote of a majority of the members present at the meeting. From time to time, the members of the commission may fix an agenda for any meeting or meetings and may adopt such rules of order which they shall deem appropriate which shall govern the conduct and procedure of their meeting.
Section 8. Operating budgets. It is anticipated that the primary source of capital to defray the costs and expenses of the commission will be borne jointly by the City of Savannah, other municipalities, and the county of Chatham with each such entity contrib uting an equal amount to the commission for such purpose on or before the first day of July of each of the five years of the existence of the commission and beginning on July 1, 1990. The commission shall make a written request to the City of Savannah, other municipalities, and the County of Chatham for operating funds pursuant to an operating budget made by the commission. The first such request for funds shall be submitted to the respective governing authorities of the City of Savannah, City of Garden City, City of Pooler, City of Port Wentworth, City of Bloomingdale, City of Tybee Island, Town of Thunderbolt, and the County of Chatham on or before April 15, 1990, and each of the four succeeding annual requests shall be submitted on or before April 1 of each of the next four years. The amount of each such contribution shall be entirely discretionary with the City of Savannah, other municipalities, and the county of Chatham. In addition to any such annual contribution, the City of Savannah, other municipalities, and Chatham County are authorized to make such additional contributions to the commission as each such entity may deem appropriate, solely within the sound discretion of such entity making the contri bution.
Section 9. Compensation. From funds granted to or acquired by the commission, the members of the commission shall fix and determine the amount of, and the time and man ner of paying, compensation to its members, officers, agents, and employees, all within their sound discretion.
Section 10. Purpose and authorizations. Said commission is created for the purpose of taking all such actions and doing all such things, as it shall deem meet and proper, to deter and control, with the intent to ultimately reduce or eliminate, the unlawful use, con sumption, possession, sale, transfer, delivery, dispensing, handling, trafficking, manufactur ing, and growing of dangerous drugs or controlled substances, as defined by the laws of Georgia and said commission is authorized:
(1) To work and cooperate with, and to seek the cooperation of, the City of Savannah, other municipalities within Chatham County, the county of Chatham, other municipalities of the State, of Georgia and all other counties or political subdivisions of the State of Georgia; the State of Georgia, including each of its departments, agen cies, entities, or instrumentalities; and the United States of America, including each of its departments, agencies, entities, or instrumentalities, in the furtherance of the purpose of the commission;
(2) To prepare, publish, and disseminate information in support of its purpose; (3) To serve as the community clearing-house for information and research relative to dangerous drugs and controlled substances; (4) To expend, use, and disburse its funds and properties, pursuant to its powers and authorizations provided in this Act, to accomplish the above-stated purpose of the existence of such commission;

TUESDAY, MARCH 6, 1990

2435

(5) To provide programs such as drug prevention programs, drug treatment pro grams, and such other programs that it may deem meet and proper in the fulfillment of its purpose and objectives; and
(6) To do any and all other things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authorizations granted to it.
Section 11. Additional powers. The commission shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose
of real and personal property of every kind and character for its corporate purposes; (3) To enter into agreements with the City of Savannah, other municipalities, with
the County of Chatham, or with any other political subdivision or municipal corpora tion of the state in the exercise of its charge;
(4) To receive and accept gifts and grants of money and property from the private or public sectors of our society and to expend, use, or disburse all such money and property granted only in the course of business of the commission or for other public purposes;
(5) To make contracts, leases, and conveyances and to execute all instruments nec essary or convenient for the purpose of exercising its powers and performing its duties and functions as provided for in this Act;
(6) To make loans with, and accept grants of loans of money or property of any kind from, the United States of America, or any agency or instrumentality thereof; the State of Georgia, or any agency or instrumentality thereof; the City of Savannah, other municipalities within Chatham County, the County of Chatham, or any other municipality or political subdivision of the State of Georgia; upon such terms and con ditions as such governmental entity, agency, municipality, county, or political subdivi sion may require or impose;
(7) To borrow money for any of its corporate purposes and to provide for the pay ment of the same and for the rights of the holders of such promissory notes evidenc ing such indebtedness;
(8) To exercise any power granted by the laws of the State of Georgia to private corporations which is not in conflict with the purposes of the commission; and
(9) To do all things necessary or convenient to execute and carry out the powers expressly given and provided in this Act.
Section 12. Tax-exempt status of the commission. The properties of the commission, both real and personal, are declared to be public properties used for the benefit and wel fare of the people of the State of Georgia, and not for purposes of private benefit and income, and all such properties of the commission shall be exempt from all taxes and spe cial assessments of any city, county, or the state, or any political subdivision thereof.
Section 13. Rules and regulations. It shall be the duty of the commission to pre scribe rules and regulations for the operation of the commission and the conduct of its business and for the operation of any project sponsored by the commission.
Section 14. Obligations of the commission. No debt or obligation whatsoever incurred by the commission shall be construed to be a debt or obligation of either the City of Savannah, other municipalities of Chatham County, or the County of Chatham.
Section 15. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the commission may be brought in the Superior Court or State Court of Chatham County, and such courts shall have the exclusive, original jurisdiction of any such actions.
Section 16. Powers declared supplemental and additional. The foregoing provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to the pow ers conferred by other laws and shall not be regarded as in derogation of any powers now existing.

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JOURNAL OF THE HOUSE,

Section 17. It shall be the duty of the commission to make an annual report of its findings and operations to the members of the General Assembly whose legislative districts are wholly or partially within Chatham County. Such reports shall be furnished to such members of the General Assembly by not later than December 31 of each year.
Section 18. Liberal construction of this Act. This Act, being for the welfare of vari ous municipal corporations or a political subdivision of the state and its inhabitants, shall be liberally construed to effect the purposes stated by this Act.
Section 19. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining pro visions.
Section 20. Rights, authority, or powers of other agencies. This Act does not in any way take from the State of Georgia, or any department, agency, or instrumentality thereof, the City of Savannah, other municipalities in Chatham County, or Chatham County, or any other municipal corporation or political subdivision of this state, any right, authority, or power held by any such public entity or body politic.
Section 21. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 22. General repealer. All laws and parts of law in conflict with this Act are repealed.

Representative Hamilton of the 124th moved that the House agree to the Senate sub stitute to HB 1835.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HR 960. By Representatives Morton of the 47th, Redding of the 50th, Cheeks of the 89th, Davis of the 72nd, Lord of the 107th and others:
A resolution reaffirming the exclusive authority of the Georgia General Assembly in matters pertaining to the regulation of firearms.

The following amendment was read and lost:

Representative Orr of the 9th moves to amend HR 960 as follows:
1. By striking from line 11, page 1, the word "only".
2. By striking from line 16, page 1, the word "exclusive."
3. By inserting on line 20, page 1, immediately following the word "that", the words "it is the opinion of the Georgia House of Representatives that".
4. By inserting on line 1, page 2, immediately following the word "that", the words "it is further the opinion of the Georgia House of Representatives that".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

TUESDAY, MARCH 6, 1990

2437

On the adoption of the Resolution, the ayes were 110, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 637. By Senators Ray of the 19th, Parker of the 15th, Phillips of the 9th and oth ers: A bill to amend Code Section 40-2-70 of the Official Code of Georgia Anno tated, relating to the design of disabled veteran's license plates, so as to pro vide that the commissioner of revenue is authorized and directed to design the license plate of disabled veterans.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Bates YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck
Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell
Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C
Davis.G
Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kingston Y LaneJD Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell
Parham Parrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter YPoston Y Powell
Randall Ransom YRay Y Reaves Redding Y Richardson Ricketson Y Robinson Y Royal YSelman Y Simpson Sinkfield

Y Smith,L Y SmithJP
Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele Y Stephens Y Streat Y Teper Y Thomas,C
Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend
YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Wilder Y WUliams,B
Williams.J Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 58. By Senator Kidd of the 25th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, relating to the Judges of the Probate Courts Retirement Fund of Geor gia, so as to change the provisions relating to credit for service rendered by the secretary-treasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2438

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Barfoot Y Bargeron Y Barnett.B Y Barnett.M
YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B Clark.H Y Clark.L Y Coleman Y Colwell Connell Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis,G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Dunn Y Edwards Y Ehrhart Y Felton Fennel Y Floyd,J.M Y Floyd,J.W Foster Y Godbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence
Lawson YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandaU
Y Ransom YRay Y Reaves
Redding Richardson
Ricketson Y Robinson
Royal YSelman
Y Simpson Sinkfield

Y Smith,L
Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S
Stanley YSteele
Stephens Y Streat YTeper Y Thomas.C
Y Thomas,M Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C
Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, MARCH 6, 1990
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 6, 1990, by adding the following:
SB 597 Georgia Education Trust; Create
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB ' 741.

By Senators Perry of the 7th, Turner of the 8th and Ragan of the 10th:
A bill to amend Code Section 27-2-23 of the Official Code of Georgia Anno tated, relating to fees for fishing and hunting licenses and permits, so as to provide for licensing and fees for salt-water fishing licenses for nonresidents.

TUESDAY, MARCH 6, 1990

2439

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 8.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school prop erty or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and oth ers:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 708. By Senators Clay of the 37th, Newbill of the 56th, Barnes of the 33rd and others:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Anno tated, relating to program weights and funding requirements under the "Quality Basic Education Act," so as to change the provisions relating to the use of funds for staff development purposes and for professional development stipends.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

2440

JOURNAL OF THE HOUSE,

SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to create the Georgia Educa tion Trust to assist students and their parents in financing postsecondary education; to provide a short title; to provide for declaration of purpose and policies; to define certain terms.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to provide a short title; to provide for declaration of purpose and policies; to define certain terms; to provide for contracts between the trust and purchasers for the advance payment of tuition by each purchaser for a qualified beneficiary to attend a state institution of higher education; to provide for types of contracts; to provide conditions for the termination of advance tuition payment contracts; to provide for refunds of payments made under advance tuition payment con tracts under certain circumstances; to provide for payment of refunds to independent degree-granting colleges or universities located in the state or to community or junior col leges located in this state under certain circumstances; to provide for an advance tuition payment fund within the trust into which advance tuition payments are made; to provide that moneys in such fund shall not be considered state revenues or moneys; to provide for payments from the fund; to create the board of directors of the Georgia Education Trust; to provide for vacancies on such board; to provide certain allowances and reimbursement of expenses incurred by members in carrying out their duties; to provide for organization, meetings, and powers and duties of the board; to provide for annual audits of the trust; to provide for administration of the trust to assure the actuarial soundness of the trust; to require the trust to solicit from the Securities and Exchange Commission certain answers to ruling requests of the trust; to provide for services; to provide for the assets of the trust; to provide that advance tuition payment contracts shall not be construed to promise or guarantee certain results concerning the admission to or graduation from insti tutions of higher education; to provide that advance tuition payment contracts shall be exempt from Chapter 5 of Title 10, the "Georgia Securities Act of 1973"; to provide for payment of operation costs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding at the end of said chapter a new Article 10 to read as follows:
"ARTICLE 10
20-3-600. This article shall be known and may be cited as the 'Georgia Education Trust Act.'
20-3-601. The General Assembly finds and declares the following: (1) It is an essential function of state government to encourage schools and the
means of education, as provided in Article VIII, Section I, Paragraph I of the Consti tution;
(2) It is a responsibility of state government to maintain state institutions of higher education as provided by Article VIII, Section IV of the Constitution;
(3) It is an essential function of state government to encourage attendance at state institutions of higher education;

TUESDAY, MARCH 6, 1990

2441

(4) Tuition costs at public institutions of higher education are difficult for many to afford and are unpredictable which causes problems when families attempt to plan for the cost of higher education;
(5) It is in the best interest of the people of this state to foster public higher edu cation resulting in more educated citizens;
(6) It is in the best interest of the people of this state to encourage state residents to enroll in state public institutions of higher learning;
(7) Students in elementary and secondary schools tend to achieve to a higher stan dard of performance when the payment or tuition for their higher education is secured; and
(8) Providing assistance to assure the higher education of the citizens of this state is necessary and desirable for the public health, safety, and welfare. 20-3-602. In light of the findings described in Code Section 20-3-601, the General Assembly declares that the purposes of the Georgia Education Trust created by this article are:
(1) To encourage education and the means of education; (2) To maintain state institutions of higher education by helping to provide a sta ble financial base to these institutions; (3) To provide wide and affordable access to state institutions of higher education for the residents of this state; (4) To encourage attendance at state institutions of higher education; (5) To provide students and their parents economic protection against rising tui tion costs; (6) To provide students and their parents financial assistance for postsecondary education; (7) To help provide the benefits of higher education to the people of this state; and (8) To encourage elementary and secondary students in this state to achieve high standards of performance. 20-3-603. As used in this article, the term: (1) 'Advance tuition payment contract" means a contract entered into by the trust and a purchaser pursuant to this article to provide for the higher education of a quali fied beneficiary. (2) 'Board' means the board of directors of the Georgia Education Trust described in Code Section 20-3-609. (3) 'Fund' means the advance tuition payment fund created within the Georgia Education Trust as provided in Code Section 20-3-608. (4) 'Purchaser' means a person who makes or is obligated to make advance tuition payments pursuant to an advance tuition payment contract. (5) 'Qualified beneficiary' means any resident of this state.
(6) 'State institution of higher education' means any four-year college or university within the University System of Georgia.
(7) 'Trust' or 'trust fund' means the Georgia Education Trust created in Code Sec tion 20-3-604.
(8) 'Weighted average tuition cost of state institutions of higher education' means the tuition cost arrived at by adding the products of the annual undergraduate in-state tuition cost at each state institution of higher education and its total number of undergraduate fiscal year equated students and then dividing the gross total of this cumulation by the total number of undergraduate fiscal year equated students attend ing state institutions of higher education.
20-3-604. (a) There is created a public body corporate and politic to be known as the Georgia Education Trust. The trust shall be within the Georgia Student Finance Commission.
(b) The purposes, powers, and duties of the trust are vested in and shall be exercised by a board of directors as described in Code Section 20-3-609.
20-3-605. (a) The trust, on behalf of itself and the state, may contract with a pur chaser for the advance payment of tuition by the purchaser for a qualified beneficiary

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to attend any of the state institutions of higher education to which the qualified benefi ciary is admitted, without further tuition cost to the qualified beneficiary. In addition, an advance tuition payment contract shall set forth all of the following:
(1) The amount of the payment or payments required from the purchaser on behalf of the qualified beneficiary;
(2) The terms and conditions for making the payment, including, but not limited to, the date or dates upon which the payment, or portions of the payment, shall be due;
(3) Provisions for late payment charges and for default; (4) The name and age of the qualified beneficiary under the contract. The pur chaser, with the approval of and on conditions determined by the trust, may subse quently substitute another person for the qualified beneficiary originally named; (5) The number of credit hours covered by the contract; (6) The name of the person entitled to terminate the contract, which, as provided by the contract, may be the purchaser, the qualified beneficiary, or a person to act on behalf of the purchaser or qualified beneficiary, or any combination of these per sons; (7) The terms and conditions under which the contract may be terminated and the amount of the refund, if any, to which the person terminating the contract, or specifi cally the purchaser or designated qualified beneficiary if the contract so provides, shall be entitled upon termination; (8) The assumption of a contractual obligation by the trust to the qualified benefi ciary on its own behalf and on behalf of the state to provide for credit hours of higher education, not to exceed credit hours required for the granting of a baccalaureate degree, at any state institution of higher education to which the qualified beneficiary is admitted. The advance tuition payment contract shall provide for the credit hours of higher education that a qualified beneficiary may receive under the contract if the qualified beneficiary is not entitled to in-state tuition rates; (9) The period of time from the beginning to the end of which the qualified bene ficiary may receive the benefits under the contract; (10) All other rights and obligations of the purchaser and the trust; and (11) Other terms, conditions, and provisions as the trust considers in its sole discre tion to be necessary or appropriate. (b) The form of any advance tuition payment contract to be entered into by the trust shall first be approved by the Office of Planning and Budget. (c) The trust shall make any arrangements that are necessary or appropriate with the board of regents or state institutions of higher education in order to fulfill its obliga tions under advance tuition payment contracts, which arrangements may include, but need not be limited to, the payment by the trust of the then actual in-state tuition cost on behalf of a qualified beneficiary to the state institution of higher education.
(d) An advance tuition payment contract shall provide that the trust provide for the qualified beneficiary to attend a community or junior college in this state before enter ing a state institution of higher education if the beneficiary so chooses and that the con tract may be terminated pursuant to Code Section 20-3-607 after completing the requirements for a degree at the community or junior college in this state or before entering a state institution of higher education.
(e) An advance tuition payment contract may provide that, if after a number of years specified in the contract the contract has not been terminated or the qualified beneficiary's rights under the contract have not been exercised, the trust shall retain the amounts otherwise payable and the rights of the qualified beneficiary, the purchaser, or the agent of either shall be considered terminated.
20-3-606. (a) At a minimum, the trust shall offer contracts of the two types set forth in paragraphs (1) and (2) of this subsection, to be known as Plan A and Plan B, respectively.
(1) Under Plan A:
(A) A payment or series of installment payments of not less than $50.00 per month shall be required from the purchaser on behalf of a qualified beneficiary.

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2443

(B) If an advance tuition payment contract is terminated before a qualified ben eficiary earns a high school diploma or reaches the age of majority, or pursuant to paragraph (4) of subsection (a) of Code Section 20-3-607, the trust shall refund the face amount of the payment or payments in accordance with the terms of the con tract, less any administrative fee specified in the contract, but shall not refund any investment income attributable to the payments.
(C) Except as provided in subparagraph (D) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for the number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary, except as provided in subsection (a) of Code Sec tion 20-3-605 for a qualified beneficiary who is not entitled to in-state tuition rates.
(D) As an alternative to subparagraph (C) of this paragraph, the trust shall pro vide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for a fixed number of credit hours, as per mitted by the trust, less than the total number of credit hours required by the insti tution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary for that fixed number of credit hours, except as provided in subsection (a) of Code Section 20-3-605 for a qualified beneficiary who is not enti tled to in-state tuition rates. (2) Under Plan B:
(A) A payment or series of installment payments of not less than $50.00 per month shall be required on behalf of a qualified beneficiary.
(B) If an advance tuition payment contract is terminated before a qualified ben eficiary earns a high school diploma or reaches the age of majority, or pursuant to paragraph (4) of subsection (a) of Code Section 20-3-607, the trust shall refund the face amount of the payment or payments in accordance with the terms of the con tract, less any administrative fee specified in the contract, together with all or a specified portion of accrued investment income attributable to the payment or pay ments as may be agreed to in the contract.
(C) Except as provided in subparagraph (D) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for the number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary, except as provided in subsection (a) of Code Sec tion 20-3-605 for a qualified beneficiary who is not entitled to in-state tuition rates.
(D) As an alternative to subparagraph (C) of this paragraph, the trust shall pro vide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for a fixed number of credit hours, as per mitted by the trust, less than the total number of credit hours required by the insti tution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary for that fixed number of credit hours, except as provided in subsection (a) of Code Section 20-3-605 for a qualified beneficiary who is not enti tled to in-state tuition rates.
(b) Contracts required to be offered by this Code section may require that payment or payments from a purchaser, on behalf of a qualified beneficiary who may attend a state institution of higher education in less than four years after the date the contract is entered into by the purchaser, be based upon attendance at a certain state institution of higher education or at that state institution of higher education with the highest pre vailing tuition cost for the number of credit hours covered by the contract.
(c) Contracts required to be offered by this Code section shall be offered with two alternatives. One alternative shall offer advance tuition payment contracts that provide the credit hours of higher education necessary for the granting of a baccalaureate degree at any of the state institutions of higher education. The second alternative shall provide that the number of credit hours of higher education a qualified beneficiary may receive under the contract will be reduced to a percentage of the credit hours required for the granting of a baccalaureate degree at a state institution of higher education, as specified

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in the contract, if the qualified beneficiary enrolls in a state institution of higher educa tion imposing at the time the qualified beneficiary enrolls an annual tuition rate that is greater than 105 percent of the weighted average annual tuition rate of all state insti tutions of higher education. This subsection shall not preclude a state institution of higher education at which a qualified beneficiary is entitled to receive less than the min imum number of credit hours required for the granting of a baccalaureate degree from providing that qualified beneficiary, without further tuition charges, the additional credit hours necessary to receive a baccalaureate degree.
(d) If a beneficiary of an advance tuition payment contract with either an alternative one or alternative two designation, as described in subsection (c) of this Code section, attends a community or junior college for two years at the in-state tuition rate, that beneficiary then may attend any state institution of higher education at no additional tuition cost and receive the number of credit hours necessary for the awarding of a bac calaureate degree.
20-3-607. (a) An advance tuition payment contract shall authorize a termination of the contract when any one of the following occurs:
(1) The qualified beneficiary dies;
(2) The qualified beneficiary is not admitted to a state institution of higher educa tion after making proper application;
(3) The qualified beneficiary certifies to the trust that he or she has decided to attend and has been accepted by a Georgia independent, degree-granting institution
of postsecondary education recognized by the board of regents or, after he or she has a high school diploma or has reached the age of majority, he or she has decided not to attend a state institution of higher education and requests, in writing, before July 15 of the year in which the qualified beneficiary desires to terminate the contract, that
the advance tuition payment contract be terminated; or (4) Other circumstances, determined by the trust and set forth in the advance tui
tion payment contract, occur. (b) Except as provided in subparagraphs (a)(l)(B) and (a)(2)(B) of Code Section
20-3-606, an advance tuition payment contract shall provide for a refund pursuant to this Code section to a person to whom the refund is payable under the contract upon
termination of the contract. If the qualified beneficiary has a high school diploma or has reached the age of majority, and attends an institution of higher education, the amount
of a refund, except as provided in subsection (d) of this Code section, shall be the lesser of the average tuition cost of all state institutions of higher education on the date of termination of the contract, or the face amount of the payment or payments and any
accrued investment income attributable to the payment or payments, if he or she is cov ered by alternative one, as described in subsection (c) of Code Section 20-3-606, or the
lowest tuition cost of all state institutions of higher education on the date of termination of the contract if he or she is covered by alternative two or does not attend an institu tion of higher education. The amount of a refund shall be reduced by an appropriate
percentage if the purchaser entered into an advance tuition payment contract that pro vided for a fixed number of credit hours less than the total number of credit hours
required by a state institution of higher education for the awarding of a baccalaureate degree, by the amount transferred to a community or junior college on behalf of a quali
fied beneficiary when the contract is terminated as provided in subsection (d) of Code Section 20-3-605, and by the amount transferred to a state institution of higher educa
tion on behalf of a qualified beneficiary. Termination of a contract and the right to receive a refund shall not be authorized under the contract if the qualified beneficiary
has completed more than one-half of the credit hours required by the state institution of higher education for the awarding of a baccalaureate degree. However, this provision shall not affect the termination and refund rights of a graduate of a community or jun
ior college. Pursuant to this subsection and except as provided by subsection (c) of this Code section, the trust shall make refund payments in equal installments over four years
and not later than August 15 of the year due. (c) An advance tuition payment contract shall authorize a person, who is entitled
under the advance tuition payment contract to terminate the contract, to direct pay ment of the refund to an independent degree-granting college or university in this state

TUESDAY, MARCH 6, 1990

2445

or to a community or junior college located in this state. If directed to make payments pursuant to this subsection, the trust shall transfer to the designated institution an amount equal to the tuition due for the qualified beneficiary, but the trust shall not transfer a cumulative amount greater than the refund to which the person is entitled. If the refund exceeds the total amount of transfers directed to the designated institu tion, the excess shall be returned to the person to whom the refund is otherwise payable.
(d) Notwithstanding any other provision of this article, the amount of a refund paid upon termination of the advance tuition payment contract by a person who directs the trust pursuant to subsection (c) of this Code section to transfer the refund to an inde pendent degree-granting college or university located in this state shall not be less than the prevailing weighted average tuition cost of state institutions of higher education for the number of credit hours covered by the contract on the date of termination. In calcu lating the amount of a refund for an advance payment contract containing the restric tions provided by subsection (c) of Code Section 20-3-606, the prevailing weighted average tuition cost shall be based upon only those state institutions of higher education at which the qualified beneficiary could have received sufficient credit hours for a bacca laureate degree.
20-3-608. (a) There is created under the jurisdiction and control of the board and within the trust an advance tuition payment fund. Payments received by the trust from purchasers on behalf of qualified beneficiaries or from any other source, public or pri vate, shall be placed in the fund. The fund may be divided into separate accounts.
(b) Assets of the trust, including the fund, shall not be considered state moneys or revenues of the state and shall not be governed by Article III, Section IX or Article VII, Section III of the Constitution.
(c) Unless otherwise provided by resolution of the board, assets of the trust shall be expended in the following order of priority:
(1) To make payments to state institutions of higher education on behalf of quali fied beneficiaries;
(2) To make refunds upon termination of an advance tuition payment contract; and
(3) To pay the costs of organization, administration, and operation of the trust and
the fund. 20-3-609. (a) The board of directors of the Georgia Education Trust shall consist of the executive director of the Georgia Student Finance Commission and six other mem bers with knowledge, skill, and experience in the academic, business, or financial field, who shall be appointed by the Governor and confirmed by the Senate. Members of the board other than the executive director of the Georgia Student Finance Commission shall be appointed for terms of four years, the initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. State officers or employees may be appointed to the board unless otherwise prohibited by law; pro vided, however, that at least three members of the board shall be citizens from the state at large.
(b) In the event of death, resignation, disqualification, or removal for any reason of any member of the board, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.
(c) The initial terms for all members shall begin September 1, 1990.
(d) The Governor shall designate a chairperson of the board from among the mem bers, which chairperson shall serve in that position at the pleasure of the Governor. The board shall elect a vice-chairperson and may elect such other officers and committees as it considers appropriate.
(e) Members of the board shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance at a meeting of such board, plus either reimbursement for actual transportation costs while traveling by public car rier or the same mileage allowance as members of the General Assembly receive. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the advance tuition payment fund.

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(f) The board may delegate to its chairperson, vice-chairperson, or others such func tions and authority as the board considers necessary or appropriate. These functions may include, but are not limited to, the oversight and supervision of employees of the trust.
(g) A majority of the members of the board serving shall constitute a quorum for the transaction of business at a meeting of the board or the exercise of a power or function of the trust, notwithstanding the existence of one or more vacancies. Voting upon action taken by the board shall be conducted by majority vote of the members present in per son at a meeting of the board, and, if authorized by the bylaws of the board and when a quorum is present in person at the meeting, by use of amplified telephonic equipment. The board shall meet at the call of the chairperson and as may be provided in the bylaws of the trust. Meetings of the board may be held anywhere within the state.
(h) The business which the board may perform shall be conducted at a public meet ing of the board held in compliance with Chapter 14 of Title 50. Public notice of the time, date, and place of the meeting shall be given in the manner required by subsection (e) of Code Section 50-14-1.
(i) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public if required by Article 3 or 4 of Chapter 18 of Title 50.
20-3-610. In addition to the powers granted by other provisions of this article, the board shall have the powers necessary or convenient to carry out and effectuate the pur poses, objectives, and provisions of this article, the purposes and objectives of the trust, and the powers delegated by other laws or executive orders, including, but not limited to, the power to:
(1) Invest any money of the trust fund only in general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax-exempt obligations issued by any state, county, munici pal corporation, district, or political subdivision, or civil division or public instrumen tality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others;
(2) Pay money to state institutions of higher education from the trust; (3) Impose reasonable residency requirements for qualified beneficiaries; (4) Impose reasonable limits on the number of participants in the trust; (5) Segregate contributions and payments to the trust fund into various accounts and funds; (6) Contract for goods and services and engage personnel as is necessary and engage the services of private consultants, actuaries, managers, legal counsel, and audi tors for rendering professional, management, and technical assistance and advice, pay
able out of any money of the trust fund; (7) Solicit and accept gifts, grants, loans, and other aid from any person or the
federal, state, or a local government or any agency of the federal, state, or a local gov ernment or to participate in any other way in any federal, state, or local government
program; (8) Charge, impose, and collect administrative fees and charges in connection with
any transaction and to provide for reasonable penalties, including default, for delin quent payment of fees or charges or for fraud;
(9) Procure insurance against any loss in connection with the trust's property,
assets, or activities;

TUESDAY, MARCH 6, 1990

2447

(10) Bring actions and defend actions; have a seal and alter the same at pleasure; have perpetual succession; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws;
(11) Enter into contracts on behalf of the state; (12) Administer the funds of the trust; (13) Indemnify or procure insurance indemnifying any member of the board from personal loss or accountability from liability resulting from a member's action or inac tion as a member of the board, including, but not limited to, liability asserted by a person on any bonds or notes of the trust; (14) Impose reasonable time limits on use of the tuition benefits provided by the trust, if the limits are made a part of the contract; (15) Define the terms and conditions under which money may be withdrawn from the trust, including, but not limited to, reasonable charges and fees for any such with drawal, if the terms and conditions are made a part of the contract; (16) Provide for receiving contributions in lump sums or periodic sums; (17) Establish policies, procedures, and eligibility criteria to implement this article; and
(18) Enter into arrangements with Georgia institutions of higher education for the trust to offer on behalf of the institution advance tuition payment contracts under which the Georgia institution of higher education will be contractually obligated to provide a beneficiary under the contract with credit hours of higher education in addi tion to those required for a baccalaureate degree.
20-3-611. The board shall annually prepare or cause to be prepared an accounting of the trust and shall transmit a copy of the accounting to the Governor and the General Assembly. The board shall also make available the accounting of the trust to the pur chasers of the trust. The accounts of the board shall be subject to annual audits by the state auditor or a certified public accountant appointed by the state auditor.
20-3-612. (a) The trust shall be administered in a manner reasonably designed to be actuarially sound such that the assets of the trust will be sufficient to defray the obli gations of the trust.
(b) In the accounting of the trust made pursuant to Code Section 20-3-611, the board shall annually evaluate or cause to be evaluated the actuarial soundness of the trust by a nationally recognized actuarial firm and determine the additional assets needed, if any, to defray the obligations of the trust. If there are not funds sufficient to ensure the actuarial soundness of the trust, the trust shall adjust payments of subse quent purchases to ensure its actuarial soundness. If there are insufficient numbers of new purchasers to ensure the actuarial soundness of a plan of the trust, the available assets of the trust attributable to the plan shall be immediately prorated among the then existing contracts, and these shares shall be applied, at the option of the person to whom the refund is payable or would be payable under the contract upon termination of the contract, either towards the purposes of the contract for a qualified beneficiary or disbursed to the person to whom the refund is payable or would be payable under the contract upon termination of the contract.
(c) Before entering into advance tuition payment contracts with purchasers, the trust shall solicit answers to appropriate ruling requests from the Securities and Exchange Commission regarding the application of federal security laws to the trust. No contracts shall be entered without the trust making known the status of the request.
20-3-613. The trust, in its discretion, may contract with others, public or private, for the provision of all or a portion of the services necessary for the management and opera tion of the trust. The trust shall also endeavor to work with private sector investment managers, state institutions of higher education, and independent degree-granting col leges and universities in this state to study the feasibility of instituting programs among these parties that insure full tuition payment upon purchase of a prepayment plan. The trust shall evaluate the feasibility and actuarial soundness of a prepayment plan exclu sively for community and junior colleges. The board shall submit a report to the legisla ture before December 31, 1991, regarding its success at instituting programs among

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private sector investment managers, state institutions of higher education, and indepen dent degree-granting colleges and universities of the state that insure full tuition prepay ment plans.
20-3-614. The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes set forth in this article and shall not be loaned or otherwise transferred or used by the state for any purpose other than the purposes of this article. This Code section shall not be construed to prohibit the trust from investing in, by purchase or otherwise, bonds, notes, or other obligations of the state, an agency of the state, or an instrumentality of the state.
20-3-615. Nothing in this article or in an advance tuition payment contract entered into pursuant to this article shall be construed as a promise or guarantee by the trust or the state that a person will be admitted to a state institution of higher education or to a particular state institution of higher education, will be allowed to continue to attend a state institution of higher education after having been admitted, or will be graduated from a state institution of higher education.
20-3-616. An advance tuition payment contract shall be exempt from Chapter 5 of Title 10, the 'Georgia Securities Act of 1973.' An advance tuition payment contract may not be sold or otherwise transferred by the purchaser or qualified beneficiary without the prior approval of the trust.
20-3-617. On and after July 1, 1991, all costs of organization, administration, and operation of the trust shall be paid solely from application fee funds and investment income of the trust."
Section 2. This Act shall become effective July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 238. By Senators Peevy of the 48th, Deal of the 49th and Allgood of the 22nd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 691. By Senator English of the 21st:
A bill to amend Code Section 10-4-10 of the Official Code of Georgia Anno tated, relating to the requirement of annual licenses for the operation of warehouses under the "Georgia State Warehouse Act," so as to provide that only one license shall be required for the operation of warehouses by ware housemen who operate two or more warehouses in adjoining counties.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 6, 1990

2449

On the passage of the Bill, the ayes were 107, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school prop erty or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.

Representative Selman of the 32nd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1297 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Selman of the 32nd, Herbert of the 76th and Lane of the 27th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereon:

SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and oth ers:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.

Representative Jackson of the 9th moved that the House insist on its position in sub stituting SB 450.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1720. By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and proce dure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00.

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JOURNAL OF THE HOUSE,

Representative Colwell of the 4th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1720 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Colwell of the 4th, Dobbs of the 74th and Watts of the 41st.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 749. By Senators Scott of the 2nd and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for cost-of-living increases.

Representative Pannell of the 122nd moved that the House adhere to its position in amending SB 749 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Alien of the 127th, Dixon of the 128th and Pannell of the 122nd.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insur ance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

The following Senate amendment to the House substitute was read:

Amend the House substitute to SB 434 by striking from line 4 of page 4 the following: "25",
and inserting in lieu thereof the following: "20".
By striking from line 3 of page 8 the following: "25",
and inserting in lieu thereof the following: "20".

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2451

Representative Ware of the 77th moved that the House disagree to the Senate amend ment to the House substitute to SB 434.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House amendment as amended by the Senate, to the following Bill of the Senate:

SB 595. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 1139.

By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.

The President has appointed on the part of the Senate the following: Senators Fuller of the 52nd, Harris of the 27th and Kidd of the 25th.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Anno tated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maximum penalty to $100,000.00.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1753.

By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorse ment to the policy, deductibles optional to the policyholder for benefits pay able under this chapter.

2452

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1854.

By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Banner of the 131st, Connell of the 87th and others:
A bill to amend various provisions of the Official Code of Georgia Annotated, so as to provide for the effects of changes in decennial census data and changes in congressional districts with respect to the membership of various boards, commissions, and bodies.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1316.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.

HB 1620. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-4-1 of the Official Code of Georgia Anno tated, relating to procedures for sales under tax levies and executions, so as to change certain provisions regarding sales under tax executions; to change certain provisions regarding advertisement of tax levies and written notice of tax executions.

HB 1640. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-833 of the Official Code of Georgia Anno tated, relating to additional payments to certain supervisors of student teach ers, so as to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional payments to supervisors of student teachers.

The Senate insists on its substitutes to the following Bill and Resolution of the House:

HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Anno tated, relating to illegal and void contracts generally, so as to change the pro visions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter.

HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.

TUESDAY, MARCH 6, 1990

2453

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1317.

By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to pro vide for definitions; to provide for the purpose of such registry.

HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juve nile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.

HB 1280. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to con sider personnel disciplinary actions before the State Personnel Board concernjpg records of child abuse and deprivation.

HB 1318. By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such commit tees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoe nas.

HB 1319.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for defi nitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

HR 872. By Representatives Dixon of the 128th, Watts of the 41st, Dover of the llth, Colwell of the 4th, Cummings of the 17th and others:
A resolution creating the Joint Abortion Study Committee.

2454

JOURNAL OF THE HOUSE,

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school prop erty or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.

The President has appointed on the part of the Senate the following: Senators Tate of the 38th, Deal of the 49th and Foster of the 50th.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1790. By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Anno tated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties.

The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House:

HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1720.

By Representatives Dobbs of the 74th, Colwell of the 4th and Twiggs of the 4th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and proce dure regarding state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00.

The President has appointed on the part of the Senate the following: Senators Dean of the 31st, Kidd of the 25th and Olmstead of the 26th.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

TUESDAY, MARCH 6, 1990

2455

HB 842. By Representative Parham of the 105th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Anno tated, relating to disclosure of AIDS confidential information, so as to pro vide for the disclosure of AIDS confidential information in certain proceedings and procedures regarding mentally ill, mentally retarded, alco holic, or drug dependent persons and in certain guardianship proceedings and procedures and provide for conditions and procedures relating thereto.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1567. By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th and Alford of the 57th:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Anno tated, relating to ordinances for governing and policing of the unincorporated areas of a county, so as to increase the fines for certain ordinance violations.

Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 927 Do Pass
Respectfully submitted, Is/ Balkcom of the 140th
Chairman

Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 502 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

2456

JOURNAL OF THE HOUSE,

SB 477 Do Pass, by Substitute SB 204 Do Pass, by Substitute

SB 423 Do Pass SB 669 Do Pass, by Substitute
Respectfully submitted, Is/ Thomas of the 69th
Chairman

Representative Coleman of the 118th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 722 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman

Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, MARCH 7, 1990

2457

Representative Hall, Atlanta, Georgia Wednesday, March 7, 1990

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Malone Dodson, Pastor, Roswell United Method ist Church, Roswell, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the committee:
HB 2087. By Representatives Holland of the 136th and Royal of the 144th: A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to provide a new article relating to the development of rural economic facilities in less developed counties; to provide a short title.
Referred to the Committee on State Planning & Community Affairs.
By unanimous consent, the following Bills of the House and Senate were read the sec ond time:
HB 2085 HB 2086 SB 766
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

2458

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 2080 Do Pass HB 2081 Do Pass HB 2082 Do Pass HB 2083 Do Pass HB 2084 Do Pass SB 710 Do Pass

SB 719 Do Pass SB 760 Do Pass SB 761 Do Pass SB 762 Do Pass, as Amended SB 764 Do Pass SB 765 Do Pass

Respectfully submitted, M Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 7, 1990
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enu merated below:
HR 722 Ad Valorem Property Taxation Study Committee; Create HR 1000 St. Comm. on Low and Moderate Income Housing in Ga.; Create HR 1013 Julius Cornelius Daugherty Bridge; Designate
SB 204 Drug Trafficking; School Property; Separate Offense SB 412 Gambling; Certain Games or Devices; Exceptions SB 415 Municipal Elections; Dates SB 420 Diagnostic Proc.; Intraductual Injection; Informed Consent SB 447 Teachers & Employees; Health Ins.; Maximum Fees for Cert. Serv. SB 449 Probate Court Judge; Filling Vacancy SB 462 Adoption; Parental Rights; Failure to Care for Child SB 489 Downtown Development Auth.; Director's Qualifications SB 490 Houseboats, Etc.; Operation on Certain Lakes; Prohibitions SB 500 Drug-Free Public Work Force Act; Enact SB 502 State Employees; Random Drug Testing SB 534 Nat. Res.; Bd. of; Judicial Review of Decisions; Hearing SB 537 Alien Corporations; Annual Registration; Filing SB 544 Motor Vehicle Ins.; Proof; Counterfeit Document; Penalty SB 552 Health; Sterilization Upon Request; Remove Cert. Provisions SB 553 Medical Malpractice; Mandatory Arbitration; Certain Claims SB 574 Auctioneers Commission; Termination Date SB 628 Health Planning Review Board; Applications; Time for Hearing SB 696 Low Phosphorous Household Laundry Detergents; Amend Provisions
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 72nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

WEDNESDAY, MARCH 7, 1990

2459

HB 2080. By Representatives Carrell of the 65th and Mobley of the 64th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to change the powers and duties of the city manager; to authorize retention of stag gered two-year terms of office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2081. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Jamieson of the 11th:
A bill to amend an Act to amend, revise, consolidate, and supersede the sev eral Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, so as to change the time and manner of electing the mayor and council; to provide for terms.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2082. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 2083. By Representatives Alford of the 57th, Athon of the 57th, Mangum of the 57th, Tolbert of the 58th, Aaron of the 56th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to extend certain limitations on the millage rate levied in certain municipalities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

2460

JOURNAL OF THE HOUSE,

HB 2084.

By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act incorporating the City of Santa Claus in Toombs County and providing a new charter for said city, so as to expand the corpo rate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 710. By Senator Tysinger of the 41st:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to change the provisions relating to the expense allowance of the members of the commission; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Morton of the 47th wished to be recorded as voting "nay" on the pre ceding Bill.

SB 719. By Senator Tysinger of the 41st:
A bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, as amended, so as to provide an expense allowance for members of the board of education; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Morton of the 47th wished to be recorded as voting "nay" on the pre ceding Bill.

SB 760. By Senator Engram of the 34th:
A bill to provide for the appointment of the school superintendent of the Fayette County School System and provide for terms and vacancies; to pro vide for the applicability of laws; to provide for a referendum, effective date, and automatic repeal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

WEDNESDAY, MARCH 7, 1990

2461

The Bill, having received the requisite constitutional majority, was passed.

SB 761. By Senator Clay of the 37th:
A bill to amend an Act reincorporating and creating a new charter for the City of Jefferson in the County of Jackson, as amended, so as to repeal the provisions for emergency approval and adoption of ordinances; to change the provisions and procedures relating to the approval and adoption of ordi nances; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 762. By Senator English of the 21st:
A bill to provide for election of the chairman and the members of the board of education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 762 by striking from lines 6 through 9 of page 10 the following:
"The chairman and each member of the board of education shall be compensated in the amount of $150.00 per month and shall be reimbursed for reasonable expenses incurred in the performance of their duties.",
and inserting in its place the following:
"The chairman of the board of education shall be compensated in the amount of $250.00 per month and each member of the board of education other than the chairman shall be compensated in the amount of $200.00 per month. The chairman and each member of the board of education shall be reimbursed for reasonable expenses incurred in the performance of their duties.".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 764. By Senator Johnson of the 47th:
A bill to amend an Act establishing a public school system in the City of Jef ferson, as amended, so as to provide authority for the Mayor and Council to levy and collect a school tax not greater than 20 mills per dollar for the sup port and maintenance of education for the public school system in the City of Jefferson, Georgia; to provide an effective date.

2462

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 765. By Senator Harris of the 27th:
A bill creating a board of commissioners of Monroe County, as amended, so as to change the compensation of the commissioners; to provide for a referen dum; to provide effective dates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 553. By Representatives Sinkfield of the 37th, Benn of the 38th and Heard of the 43rd:
A bill to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs.

HB 1158.

By Representative Watson of the 114th:
A bill to amend Code Section 16-7-29 of the Official Code of Georgia Anno tated, relating to criminal trespass by motor vehicle, so as to change the pro visions relating to the identification of parking areas by signs which denote the elements of the crime of criminal trespass by motor vehicle.

HB 1184.

By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to prohibit altering, expunging, or destroying certain criminal records as a result of the discharge of a defendant without court adjudication of guilt; to specify that certain documents and information are not subject to certain restrictions regarding release and disclosure.

HB 1309.

By Representatives Connell of the 87th, Murphy of the 18th, McDonald of the 12th, Coleman of the 118th, Thomas of the 69th and others:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Anno tated, relating to legislative services and the Legislative Services Committee, so as to change provisions relating to meetings of the committee; to change provisions relating to approval of certain invoices by the committee.

WEDNESDAY, MARCH 7, 1990

2463

HB 1425. By Representatives Ray of the 98th, Watson of the 114th, Jenkins of the 80th and Crawford of the 5th:
A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to prohibit moving or transporting certain mobile homes which do not have attached and displayed thereon the decals required under Code Section 48-5-492.

HB 1480.

By Representatives Aaron of the 56th, Richardson of the 52nd, Redding of the 50th and Moultrie of the 93rd:
A bill to amend Code Section 48-5-512 of the Official Code of Georgia Anno tated, relating to the issuance of executions against public utilities failing to file returns with the state revenue commissioner, so as to authorize the state revenue commissioner or the tax collector or tax commissioner of each county to issue executions against public utilities for the amount of taxes due the state, the county, a county school district, or any municipality within the county.

HB 1518. By Representative Mangum of the 57th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to add a new Article 20, to be known as the "Education Partnership Act of 1990"; to provide for a short title and findings; to encourage certain partnerships with schools and school systems; to provide for work-release time; to provide for grants, regulations, and partnership plans; to provide for funding.

HB 1553.

By Representatives Jenkins of the 80th and Birdsong of the 104th:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Anno tated, relating to covenants running with the land, so as to provide that under certain conditions covenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws.

HB 1574. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Ransom of the 90th and Walker of the 85th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of superior court judges for each judicial circuit, so as to increase to six the number of judges for the Augusta Judicial Circuit.

HB 1610. By Representatives Walker of the 85th, Smyre of the 92nd, Padgett of the 86th, Holmes of the 28th and Brown of the 88th:
A bill to amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corpora tions, so as to provide that the minimum amount of capital with which a cor poration shall commence business shall not be less that $50,000.00.

HB 1614.

By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.

2464

JOURNAL OF THE HOUSE,

HB 1630.

By Representatives Holland of the 136th, Poston of the 2nd, Fennel of the 155th, Baker of the 51st, Irwin of the 13th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions applicable to the indemnification of law enforce ment officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change a certain definition.

HB 1641. By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia Anno tated, relating to general and career education programs, so as to change the provisions relating to assessments for first grade readiness; to provide for assessments and grade placement decisions; to provide for guidelines, docu mentation, and reports.

HB 1674.

By Representatives Ware of the 77th, Dunn of the 73rd, Lawson of the 9th, Groover of the 99th, Jones of the 71st and others:
A bill to amend Chapter 43 of Title 33 of the Official Code of Georgia Anno tated, relating to medicare supplement insurance, so as to authorize the promulgation of regulations regarding marketing practices, compensation arrangements, and reporting practices of insurers for medicare supplement insurance policies.

HB 1679.

By Representatives Byrd of the 153rd and McCoy of the 1st:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to provide a new requirement for the reinstatement of a salesperson's license; to revise the provisions relative to the granting of a real estate license to a nonresident.

HB 1686.

By Representatives Pettit of the 19th, Byrd of the 153rd, Watson of the 114th, Murphy of the 18th, Branch of the 137th and others:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Anno tated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufac turing process.

HB 1711.

By Representatives Coleman of the 118th, Holcomb of the 72nd, Benefield of the 72nd, Poston of the 2nd, Lee of the 72nd and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to provide for a one-time exclusion of certain contributions to the Teachers Retirement System of Georgia.

HB 1728. By Representatives Poston of the 2nd, Holland of the 136th, Snow of the 1st and McCoy of the 1st:
A bill to amend Code Section 42-4-31 of the Official Code of Georgia Anno tated, relating to required safety and security measures for municipal and county detention facilities, so as to provide that it shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer or a dispatcher is on duty at the detention facility at all times while a person is incarcerated therein.

WEDNESDAY, MARCH 7, 1990

2465

HB 1754.

By Representatives Lee of the 72nd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Olympic Games Authority Act," so as to define and redefine certain terms; to change provi sions relating to local and state government entities' participation in author ity affairs; to change provisions relating to costs of projects of the authority and what constitutes Olympic games.

HB 1946. By Representatives Thomas of the 69th, Simpson of the 70th, Meadows of the 91st, Yates of the 75th, Jones of the 71st and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Coweta Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Gov-

HB 1285.

By Representative Godbee of the 110th:
A bill to amend an Act relating to the board of education of Jenkins County, so as to change provisions relating to the compensation and reimbursement of expenses of the chairman and members of the board of education.

HB 2014.

By Representative Parrish of the 109th:
A bill to amend an Act creating a board of commissioners for Emanuel County, so as to change the compensation of the members and chairman of that board.

HB 2016. By Representative Chance of the 129th:
A bill creating a new charter for the Town of Rincon, so as to clarify and redefine the corporate limits of said town.

HB 2017. By Representative Murphy of the 18th:
A bill to amend an Act creating a new charter for the City of Tallapoosa, so as to change the corporate limits of the city.

HB 2018.

By Representatives Gresham of the 21st, Atkins of the 21st, Howren of the 20th, Ehrhart of the 20th, Clark of the 20th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.

HB 2019.

By Representatives Ray of the 98th and Jenkins of the 80th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said board of commissioners.

HB 2020.

By Representative Heard of the 43rd:
A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for councilmen election posts and for designations relating to such posts and the office of mayor; to provide for the manner of electing members of the city council and provide for terms and election dates.

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HB 2021.

By Representatives Dixon of the 151st and Crosby of the 150th:
A bill to amend an Act creating the board of commissioners for Charlton County, so as to change the compensation provisions relating to the chairman and other members of the board.

HB 2022.

By Representative Oliver of the 121st:
A bill to amend an Act creating a board of commissioners for Tattnall County, so as to change certain provisions relating to compensation of the chairman and members of the board of commissioners.

HB 2024.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act placing certain of the county officers of Bartow County upon an annual salary, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court, and judge of the pro bate court; to provide for a cost-of-living adjustment.

HB 2025. By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act providing for the compensation of the chief magis trate of the Magistrate Court of Bartow County, so as to change the compen sation of the chief magistrate; to provide for a cost-of-living adjustment.

HB 2026.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the office of commissioner of Bartow County, so as to change the compensation of the commissioner; to provide for a costof-living adjustment.

HB 2027.

By Representatives Pettit of the 19th, Childers of the 15th and McKelvey of the 15th:
A bill to amend an Act creating the office of tax commissioner of Bartow County, so as to change the compensation of the tax commissioner; to pro vide for a cost-of-living adjustment.

HB 2028.

By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Vaughan of the 20th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk and deputy clerk of the superior court.

HB 2029.

By Representatives Waddle of the 113th, Watson of the 114th and Walker of the 115th:
A bill to provide that Houston County may receive the proceeds of the spe cial county 1 percent sales and use tax provided for in Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, without such receipt resulting in a corresponding limitation of its ad valorem taxing powers, as would otherwise result from the operation of that constitutional amendment limiting the ad valorem taxing powers of Houston County and the Houston County School District.

WEDNESDAY, MARCH 7, 1990

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HB 2030. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Aiken of the 21st, Ehrhart of the 20th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

HB 2031.

By Representatives Dixon of the 151st and Smith of the 152nd:
A bill to create the Camden County Public Service Authority; to provide a short title.

HB 2036. By Representatives Connell of the 87th, Padgett of the 86th, Cheeks of the 89th, Walker of the 85th, Ransom of the 90th and others:
A bill to amend an Act providing a charter for the City of Augusta, so as to provide for intent; to reduce the period within which candidates shall be required to file notice of candidacy and otherwise qualify to run for the office of mayor or the office of councilmember of the city council of Augusta.

HB 2037. By Representatives Foster of the 6th, Griffin of the 6th and Poag of the 3rd:
A bill to amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, so as to change the provisions relating to special assessments for certain improvements and provide for liens there for and enforcement thereof.

HB 2045. By Representative Ray of the 98th:
A bill to amend an Act establishing the board of commissioners of Peach County, so as to authorize Peach County to have and be authorized to exer cise all redevelopment and other powers authorized or granted counties pur suant to Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," as now or hereafter amended, and provide for certain such powers.

HB 2047. By Representative Ricketson of the 82nd:
A bill to amend an Act providing for the election of the members of the board of education of Wilkes County, so as to change the provisions relating to the election and terms of members of said board.

HB 2048. By Representatives Crosby of the 150th and Dixon of the 151st:
A bill to amend an Act providing a new charter for the City of Folkston in Charlton County, so as to change the corporate limits of the city.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:

HR 956. By Representatives Clark of the 20th, Isakson of the 21st, Howren of the 20th, Vaughan of the 20th, Aiken of the 21st and others:
A resolution creating the Cobb County Legal Costs and Public Officers' Inde pendent Counsel Study Commission.

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HR 684. By Representative Couch of the 36th:
A resolution granting a nonexclusive easement for operation and maintenance of an audio visual transmission cable in, on, over, upon, across, or through property owned by the State of Georgia in Fulton County, Georgia.

HR 731. By Representatives Snow of the 1st and McCoy of the 1st: A resolution designating the "Desmond T. Doss Medal of Honor Highway".

HR 779. By Representatives Smith of the 156th, Fennel of the 155th, Walker of the 115th and Coleman of the 118th:
A resolution granting a nonexclusive easement for construction, operation, and maintenance of a certain beach area, in, on, over, under, across, or through property owned or claimed by the State of Georgia in Glynn County, Georgia.

HR 796. By Representatives Smith of the 152nd, Johnson of the 123rd and Reaves of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encour age economic development and consumer availability of emerging crops and to authorize the appropriation of funds for the purposes of such emerging crops fund.

HR 574. By Representative Smith of the 78th: A resolution compensating Mr. Chris A. Smith.

HR 682. By Representative Smith of the 16th: A resolution compensating the Richard B. Russell Airport.

HR 719. By Representative Crawford of the 5th: A resolution compensating Mrs. Frances M. Harris.

HR 785. By Representative Powell of the 145th: A resolution compensating Mr. Harold 0. Day.

HR 787. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution compensating Ms. Melissa D. Walker.

The Senate has agreed to the House amendments to the following Bills and Resolu tion of the Senate:

SB 561. By Senator Dawkins of the 45th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that a sheriff may not change or extend the place of confinement of a county inmate except when permitted by law or as directed by a court having competent jurisdiction.

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SB 566. By Senator Egan of the 40th: A bill to amend Code Section 16-12-53 of the Official Code of Georgia Anno tated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connec tion with obtaining and holding a license.
SB 636. By Senators Johnson of the 47th, Peevy of the 48th and Howard of the 42nd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, so as to provide a qualified privilege for persons, companies, or other entities engaged in news gathering and dissemination; to provide an effective date.
SB 677. By Senators Tate of the 38th, Langford of the 35th and Scott of the 36th:
A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, as amended, so as to provide for an additional pen alty in cases in which fines are imposed and for an additional sum to be posted in bails and bonds in the Municipal Court of Atlanta.
SB 727. By Senators Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of court for the superior courts of this state, so as to change the terms of the Superior Court of Glynn County in the Brunswick Circuit; to provide an effective date.
SB 735. By Senators Ragan of the 10th, Taylor of the 12th and Harris of the 27th:
A bill to amend Code Section 15-6-67 of the Official Code of Georgia Anno tated, relating to recordation of maps and plats, so as to provide regulations and requirements governing subdivision plats and the transfer, sale, and offering for sale of land; to provide for filing and recording; to provide for penalties.
SR 416. By Senators Taylor of the 12th, Garner of the 30th and Turner of the 8th:
A resolution urging the Supreme Court to direct the implementation of crime prevention systems in all judicial circuits.
The Senate has agreed to the House substitutes to the following Bills and Resolutions of the Senate:

SB 591. By Senators Scott of the 2nd, Howard of the 42nd and Allgood of the 22nd:
A bill to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall estab lish, implement, administer, and promote a state-wide dual party telephone relay system; to provide for legislative findings and declarations.

SB 613. By Senators Olmstead of the 26th and Kidd of the 25th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for a prefer ence for Georgia vendors from other states when such states give in-state vendors a preference over Georgia vendors; to provide for related matters; to provide an effective date.

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SB 623. By Senators Foster of the 50th, Kidd of the 25th, Gillis of the 20th and oth ers:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman.

SB 663. By Senator Burton of the 5th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate April 9 of each year as "Former Prisoners of War Recognition Day" in Georgia.

SB 686. By Senators Scott of the 2nd, Coleman of the 1st and Hammill of the 3rd:
A bill to amend an Act amending the several Acts relating to and incorporat ing the Mayor and Aldermen of the City of Savannah and providing that there shall be eight Aldermen of the City of Savannah and providing for the election of said Aldermen, as amended, so as to change the provisions relat ing to Aldermanic Districts; to provide for one at-large Alderman who shall also be the Vice-Mayor.

SB 746. By Senators Turner of the 8th, Starr of the 44th and Gillis of the 20th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Anno tated, relating to rights in personalty, so as to revise comprehensively the provisions relative to the disposition of unclaimed property; to provide a short title; to define certain terms.

SR 427. By Senator Fuller of the 52nd:
A resolution granting nonexclusive easements for construction, operation, and maintenance of natural gas distribution pipelines in, on, under, upon, across, and through property owned by the State of Georgia in Floyd County, Geor gia; to provide an effective date.

SR 461. By Senator Kennedy of the 4th: A resolution designating the Ernest W. Strickland Bridge.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 1412. By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife generally, so as to pro vide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.

The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bills of the House:

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HB 1009.

By Representative Dixon of the 128th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to correct a technical error in a description of a tract or parcel of land included within the corporate limits of the City of Pooler.

HB 1441. By Representatives Walker of the 115th and Lee of the 72nd:
A bill to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils.

The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bill of the House:

HB 1329. By Representatives Bargeron of the 108th and Godbee of the 110th:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to provide for the compensation and expense allowance of the members of the board.

The Senate recedes from its substitute to the following Bill of the House:

HB 1173.

By Representatives Lane of the 27th and Selman of the 32nd:
A bill to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, so as to provide for a change in the composition and method of selection of the membership of the pension board of the Fulton County School Employees Pension System.

The Senate recedes from its amendment to the following Bill of the House:

HB 1323.

By Representatives Thompson of the 20th, Smyre of the 92nd, Oliver of the 53rd, Richardson of the 52nd, Lawson of the 9th and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to provide for the office of state medical exam iner and provide for the appointment, qualifications, and duties of that office; to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to change certain requirements for coroners.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the 78th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a third judge of the superior courts of the Flint Judicial Circuit.

The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

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SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to create the Georgia Educa tion Trust to assist students and their parents in financing postsecondary education; to provide a short title; to provide for declaration of purpose and policies; to define certain terms.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the House:

HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, McDonald of the 12th and others:
A resolution relative to establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; establishing a con ference steering committee.

HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th:
A resolution designating the "Plantation Parkway".

Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time:

HR 722. By Representatives Dunn of the 73rd, Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and others

A RESOLUTION
Creating the House Ad Valorem Property Taxation Study Committee; and for other purposes.
WHEREAS, ad valorem property taxation in this state has a significant financial impact on all Georgia citizens; and
WHEREAS, substantial revenue is generated by such taxation; and
WHEREAS, many questions regarding the fairness of the amounts of such taxes and the equitable nature of such a system of taxation have been raised.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Ad Valorem Property Taxation Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the com mittee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim

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legislative committees but shall receive the same for not more than five days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 31, 1990. The committee shall stand abolished on December 31, 1990.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the House Ad Valorem Property Taxation Study Committee; and for other purposes.
WHEREAS, ad valorem property taxation in this state has a significant financial impact on all Georgia citizens; and
WHEREAS, substantial revenue is generated by such taxation; and
WHEREAS, many questions regarding the fairness of the amounts of such taxes and the equitable nature of such a system of taxation have been raised.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Ad Valorem Property Taxation Study Committee to be composed of eight members of the House of Representatives to be appointed by the Speaker of the House of Representatives five of whom shall be members of the House Committee on Ways and Means and three of whom shall be members of the House Com mittee on Appropriations. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 31, 1990. The committee shall stand abolished on December 31, 1990.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 102, nays 1.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Anno tated, relating to illegal and void contracts generally, so as to change the pro visions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter.

Representative Groover of the 99th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 744 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Groover of the 99th, Robinson of the 96th and Chambless of the 133rd.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1917. By Representative Barnett of the 10th:
A bill to provide for the creation of the Johns Creek Community Improve ment District.

HB 2055.

By Representative Jenkins of the 80th:
A bill to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the elections and terms of members of the city council.

HB 2067.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to fix the salary of the sheriff; to fix the salary of the clerk of superior court; to provide longevity allowances to the clerk of superior court for prior years of service.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1984. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, so as to change the pro visions relating to the compensation of the coroner.

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HB 1986.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act to reincorporate the City of Forest Park in the County of Clayton, so as to change the corporate limits.

HB 1998. By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide for retaining terms of office of two years for the mayor and council members; to provide for the date of municipal elections.

HB 2013.

By Representative Green of the 106th:
A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the provisions relating to the compensation of the members of the board of commissioners.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1498. By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1763.

By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the juris diction, powers, duties, authority, and control of the Public Service Commis sion shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the con struction and operation of rapid rail passenger service lines generally.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th, Steele of the 97th, Poag of the 3rd and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility required for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only.

The following Senate substitute was read:

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A BILL
To amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that the provisions relating to financial responsibility required for the issuance of a pesticide contractor's license shall not apply to commercial aerial applicators of crop protection products; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Anno tated, known as the "Georgia Pesticide Use and Application Act of 1976," is amended by striking paragraph (3) of subsection (a) of Code Section 2-7-99, relating to licensing requirements for pesticide contractors, certified pesticide applicators, and certified com mercial pesticide applicators, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Issuance. If the Commissioner finds the applicant qualified to engage in the business of contracting for the application of pesticides commercially, if the applicant files proof of financial responsibility as required under Code Section 2-7-103, and if the applicant applying for a license to contract for aerial application of pesticides has met all of the requirements of the Federal Aviation Administration and all aeronautic requirements of this state for operation of equipment described in the application, the Commissioner shall issue a pesticide contractor's license, with any necessary limitations; provided, however, commercial aerial applicators of crop protection products shall not be required to file proof of financial responsibility as required under Code Section 2-7-103. The license shall expire at the end of the calendar year of issue, unless it is revoked or suspended prior thereto by the Commissioner for cause."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Reaves of the 147th moves to amend the Senate substitute to HB 552 by adding following the word "products" on line 7 of page 1 the following:
"and to pesticide contractors applying crop protection products to agricultural crops".
By adding following the word "products" on line 4 of page 2 the following:
"and pesticide contractors applying crop protection products to agricultural crops".

Representative Reaves of the 147th moved that the House agree to the Senate substi tute, as amended by the House, to HB 552.
On the motion, the ayes were 94, nays 0.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1280. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to con sider personnel disciplinary actions before the State Personnel Board con cerning records of child abuse and deprivation.

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The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for designation of community innovation zones; to provide for their powers and duties; to provide for devel opment of decategorization of resources for children and youth services; to provide for development of alternative reimbursement systems; to provide for evaluation of innovation programs; to provide access to records concerning reports of child abuse and deprivation to the State Personnel Board and its hearing officers in order to consider personnel disci plinary actions before the State Personnel Board concerning records of child abuse and deprivation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding a new Code Sec tion 49-5-8.1 to read as follows:
"49-5-8.1. (a) The intent and purpose of this Code section is to promote and encourage innovative approaches to addressing the problems of at risk children and youth, including children and youth found to be delinquents, deprived, abused, neglected, dropouts, or other; evaluate and disseminate the result of such innovations; and increase opportunities for coordination and targeting of services.
(b) A municipality, one or more counties, a judicial circuit, or a public or private organization with authorization from the local governing authority and the superior court and juvenile court judges of the counties involved may apply to a children and youth overview committee, if created, or the legislative committees on children and youth, in conjunction with the Commission on Children and Youth and the Office of Planning and Budget for designation as a community innovation zone. The purpose of the designation shall be for developing innovative children and youth at risk programs, services, policies, or strategies that may effectively and measurably decrease one or more of the problems of local at risk children and youth.
(c) The community innovation zone designation shall be for a period of at least six months, and no more than two years, unless otherwise authorized. The number of zones shall be limited to no more than ten at any one time.
(d) Those areas designated community innovation zones may request one or more of the following:
(1) Decategorization of juvenile justice, child welfare, mental health, and child and adolescent funds, as specified in subsection (e) of this Code section;
(2) Subsidies from the Division of Youth Services of the Department of Human Resources if the county or counties reduce the number of juveniles committed to the Department of Human Resources and placed in a youth development center;
(3) Priority consideration for state and state administered federal grants and dis cretionary moneys;
(4) A percent of savings in the event the innovations result in reducing costs; and (5) Others, as mutually determined by the designators and designee. (e) The Department of Human Resources, in conjunction with the designators, shall develop for submission to the General Assembly by July 1, 1990, a system for decategorizing the resources provided to those counties for juvenile justice, child welfare, mental health, and child and adolescent services into a single children and youth innova tion budget for those counties involved and establishing procedures to allow for allocat ing resources on the basis of children and youth needs and concerns as opposed to specific program categories. The Department of Human Resources shall also develop alternative reimbursement systems for providers that provide performance based pay ment or payment that recognizes the need for transition support and counseling between out-of-home or institutional placement and home or community based placement. The

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innovation budget may be used to support services and payment ratios not allowable within historical program or service categories.
(f) The community innovation zone is encouraged to involve the University System of Georgia, private colleges or universities, the cooperative extension service, and public and private organizations in the development and evaluation of the innovation or inno vations implemented. Public and private partnerships are also encouraged.
(g) Training, technical assistance, and consultation may be requested from the designees, in conjunction with the national conference of state legislatures.
(h) During the last two months of the designation, the community innovation zone shall submit to the designators an evaluation of the innovations' successes, and failures, effects, and what is to be learned from them. The evaluation shall also include the iden tification of any additional innovation opportunities. For the purposes of disseminating and communicating the innovation, the evaluation results shall also be submitted to the university system and the cooperative extension service. If the zone desires to, it may host workshops or conferences to help disseminate the innovation. The zone is also encouraged to provide technical assistance to other interested areas.
(i) Application for designation as a community innovation zone shall include a clear definition of its mission and a realistic statement of goals and strategies."
Section 2. Said chapter is further amended by striking the word "and" at the end of paragraph (3) of subsection (b), by striking the period at the end of paragraph (4) and inserting in lieu thereof "; and", and by adding a new paragraph (5) at the end of subsec tion (b) of Code Section 49-5-41, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, to read as follows:
"(5) The State Personnel Board, by administrative subpoena, upon a finding by a State Personnel Board administrative hearing officer that access to such records may be necessary for a determination of an issue involving departmental personnel, provided that only those parts of the record relevant to the personnel action shall be disclosed. The name of any complainant or client shall not be identified nor entered into the record."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House disagree to the Senate sub stitute to HB 1280.
The motion prevailed.

HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juve nile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide that fines be remitted to a children and youth investment fund; to create a children and youth investment fund for each county of the State of Georgia; to provide that it will be funded by fines collected from traffic violations committed by juveniles; to provide that the judge of the juvenile court shall be the administrator of the fund; to provide for a purpose for the fund; to provide for the members of the children and youth commission created in each county; to provide

WEDNESDAY, MARCH 7, 1990

2479

for the appointment of such members; to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervi sion in order that the court may use those fees to expand certain types of ancillary ser vices; to provide for the collection, payment, appropriation, and use of those fees; to amend Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relat ing to programs and protection for children, so as to change the provisions relating to membership of the Juvenile Justice Coordinating Council and duties of that council; to change the provisions that provide for county assessment of youth needs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by striking paragraph (4) of subsection (f) of Code Section 15-11-49, relating to the definitions, procedures and hearings, and dis position and transfers of juvenile traffic offenses, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Order the child to remit to the general fund children and youth investment fund of the county created in subsection (h) of this Code section a sum not exceeding the maximum applicable to an adult for a like offense."
Section 2. Said article is further amended by adding following subsection (g) of Code Section 15-11-49, relating to the definitions, procedures and hearings, and disposition and transfers of juvenile traffic offenses, a new subsection (h) to read as follows:
"(h) (1) There is created in each county a children and youth investment fund to be funded by fines from all traffic violations committed by juveniles. The judge of the juvenile court or his designee shall be the administrator of the fund under the direc tion of the county children and youth commission, as defined in paragraph (4) of this subsection. In the event two or more counties choose to establish a joint fund, the sen ior judge in time of service exercising juvenile court jurisdiction or his designee shall administer the fund.
(2) The children and youth investment fund shall be used in the county for the purpose of providing appropriations for developing community based services for chil dren and youth. However, two or more counties may jointly fund or develop programs or services.
(3) The fund is eligible to receive grants and other appropriations. (4) There is created in each county a children and youth commission composed of representatives from the business and civic community and the public and private agencies serving children and youth and others. The appointments shall be made by the county legislative delegation in conjunction with the county board of commission ers and the superior and juvenile court judges of the county. The chairman of the county children and youth commission shall be appointed by the county board of com missioners. The county children and youth commission shall be responsible for appro priating the moneys of the children and youth investment fund. At the election of the county board of commissioners, a multicounty children and youth commission may be established. Appointments to such commission shall be in proportion to the number of persons in the counties' populations under 18 years of age. This subsection shall not preclude any county or multicounty children and youth commission or council established prior to July 1, 1990, from being designated as the county children and youth commission. (5) Notwithstanding any other provisions of law, the commission shall be autho rized to accept grants and donations. (6) Each appropriation shall be used as seed money and as often as possible shall be matched in some proportion by the applicant with other private or public funds. Each application for an appropriation shall be accompanied by a community impact statement describing:
(A) How the proposed new service or extension of an existing service will affect the children and youth of the county;

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JOURNAL OF THE HOUSE,

(B) How the program will encourage coordination and collaboration with the public and private sectors;
(C) How the program can contribute to developing a more desirable future for the county's children and youth;
(D) How the program can reduce the need for itself; (E) Whether additional funding will be needed after whatever grant period the commission establishes and, if so, how additional funds will be obtained; (F) How the program or service will involve children and youth in the planning and operation of the program or service; (G) The projected short-term and long-term costs for the program or service; and (H) Any other information deemed appropriate by the county children and youth commission."
Section 3. Said article is further amended by adding following Code Section 15-11-56 a new Code Section 15-11-56.1 to read as follows:
"15-11-56.1. (a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand the provi sion of the following types of ancillary services:
(1) Housing in nonsecure facilities that meet the requirements of Code Section 15-11-20;
(2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Transportation to and from court ordered services; (5) Restitution programs; and (6) Job development or work experience programs. (b) The juvenile court may order each delinquent or unruly child who receives super vision under Code Section 15-11-14, paragraph (2) or (5) of subsection (a) of Code Sec tion 15-11-35, or Code Section 15-11-36 to pay: (1) An initial court supervision user's fee of not less than $5.00 nor more than $100.00; and (2) A court supervision user's fee of not less than $1.00 nor more than $15.00 for each month that the child receives supervision to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-56. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the juvenile. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county sup plemental juvenile services fund. The governing authority of the county shall appropri ate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in this subsection to juvenile offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other fund ing of services. (c) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the Department of Human Resources."
Section 4. Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children, is amended by striking subsection

WEDNESDAY, MARCH 7, 1990

2481

(a) of Code Section 49-5-132, creating the Juvenile Justice Coordinating Council, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Juvenile Justice Coordinating Council which shall consist of 26 21 members as follows:
(1) T-h chairman A representative designated by the presiding judge of the Coun cil of Juvenile Court Judges, a representative designated by the Chief Justice of the Supreme Court of Georgia, a representative designated by the chairman of the Prose cuting Attorneys' Council, a representative designated by the chairman of the Crimi nal Justice Coordinating Council, and the director of the Division of Youth Services shall be members of the council, as full voting members of the council by reason of their office or designation;
(2) One member shall be appointed by the Lieutenant Governor, one member shall be appointed by the Speaker of the House, and two members shall be appointed by the Chief Justice of the Supreme Court of Georgia; and the term of each of these members shall be fixed by the officer making the appointment; and
(3) Twelve members shall be appointed by the Governor for terms of four years, with their initial appointments, however, being four for four-year terms, four for three-year terms, and four for two-year terms. These appointments shall be made so that there are always on the council the following persons: representatives from the law enforcement community, local elected officials, three individuals under 24 years of age at the time of appointment who have previously been under the jurisdiction of the juvenile justice system, and individuals from private business and advocacy organiza tions who have an interest in juvenile delinquency, its prevention, and communityfeased community based alternatives, selected to provide a balanced perspective."
Section 5. Said article is further amended by striking Code Section 49-5-154, relating to the study of youth needs, in its entirety and inserting in lieu thereof a new Code Sec tion 49-5-154 to read as follows:
"49-5-154. The governing authority of each participating county shall conduct or arrange for a study of youth needs in the county, giving particular attention to the need for delinquency prevention programs and community-baaed community based services, residential or nonresidential, which would provide an alternative to commitment to a state detention facility the Division of Youth Services of the Department of Human Resources and placement in a youth development center or any other secure institution. The governing authority of the county may delegate the responsibility for the study to any appropriate board or department of county government or it may contract with an appropriate private agency or group for the study. Adjoining counties may cooperate in conducting such study on a regional basis, utilizing appropriate public or private resources. The governing authority of the county may request technical assistance from the council in conducting such study. Each participating county shall develop a study plan for submission to the council by July 1, 1988. Each participating county shall plan for a continuing assessment of youth needs in the county or region with annual reports to the council."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Richardson of the 52nd moved that the House disagree to the Senate substitute to HB 1617.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration:
SB 335. By Senator Tate of the 38th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds; to provide that the moneys collected from such additional penalties shall be expended only to fund victims and witnesses assistance programs; to provide for annual reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, is amended by striking Section 28 in its entirety and inserting in lieu thereof a new Sec tion 28 to read as follows:
"Section 28. (a) (1) In every traffic case, other than parking violations, in which a court imposes a fine under this Act for a violation of a state law or local ordinance, there shall be imposed as an additional penalty a sum not to exceed $1.00.
(2) At the time of posting bail or bond in any traffic case before a court under this Act, an additional sum not to exceed $1.00 shall be posted. In every traffic case in which a court under this Act orders the forfeiture of bail or bond, the additional sum posted shall be paid over as provided in subsection (b) of this section. (b) The additional penalty imposed in traffic cases and upon violations of bonds as provided in subsection (a) of this section shall be collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be transmitted to the treasury of the city served by the court imposing the fine to be placed in a special fund. Such moneys in the fund shall be expended only to fund vic tims and witnesses assistance programs. A victims and witnesses assistance program shall be developed by the solicitor subject to approval by the chief judge of the court. An annual report of the amount of moneys paid into the special fund and the expendi tures made therefrom for victims and witnesses assistance programs shall be made to the governing authority of the municipality and to the chairman of the House State Plan ning and Community Affairs Committee. (c) Except as otherwise provided in subsection (b) of this section, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the trea sury of the respective cities and shall be used exclusively to defray the expense of oper ating such courts and the enforcement of the laws and ordinances relating to and regulating traffic."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Redding of the 50th moves to amend the Committee substitute to SB 335 as follows:
On page 2 line 21 strike the words "chairman of the".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.

WEDNESDAY, MARCH 7, 1990

2483

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins
Bailey Baker Balkcom Y Bannister Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates YBeck Y Benefield Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Y Chance Cheeks

Y Childers
Y Clark,B Y Clark,H
Clark.L Y Coleman Y Colwell
Connell Couch Y Crawford
Y Crosby Y Cummings.B
Cummings.M Y Davis.C
Davis,G Y Davis,M
Dixon.H Y Dixon,S
Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover
Hamilton Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
Lane,R Langford Y Lawrence Y Lawson YLee Y Linder
YLong Lord
Lucas Lupton Y Mangum Martin
YMcCoy McDonald
Y McKelvey

McKinney,B McKinney.C Y Meadows
YMilam Y Mobley Y Moody YMorton Y Moultrie
Mueller
Oliver.C Oliver.M YOrr Orrock
Y Padgett Y Pannell
YParham YParrish Y Patten
Pettit Pinkston YPoag Y Porter Poston Y Powell Randall Y Ransom YRay Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley
YSteele Stephens
Y Streat YTeper Y Thomas,C
Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker,L Y Wall Y Ware Y Watson Y Watts Y White Wilder Y William8,B Y Williams,J YYates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Resolution of the House was read and adopted:

HR 1069.

By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Clark of the 13th, Mobley of the 64th and others:
A resolution commending Coach Hugh Durham and inviting him to appear before the House of Representatives.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 544. By Senators Land of the 16th and Parker of the 15th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance documents shall be deemed counterfeit or false; to provide penalties; to provide an effective date.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, or distribute a counterfeit or false proof of insurance docu ment; to make it unlawful for any person to possess a counterfeit or false proof of insur ance document; to define a certain term; to specify when a proof of insurance document shall be deemed counterfeit or false; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and related offenses, is amended by adding following Code Sec tion 16-9-4 a new Code Section 16-9-5 to read as follows:
"16-9-5. (a) As used in this Code section, the term 'proof of insurance document' means any card, paper, or other document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle cover age, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 33-34-12.
(b) (1) It shall be unlawful for any person knowingly to manufacture, sell, or dis tribute a counterfeit or false proof of insurance document.
(2) It shall be unlawful for any person to possess a counterfeit or false proof of insurance document.
(3) A proof of insurance document shall be deemed counterfeit or false if the proof of insurance document has been altered, modified, or originally issued in any manner which contains false information concerning the insurer, the owner, the motor vehicle, or the insurance thereon. (c) (1) Any person who violates paragraph (1) of subsection (b) of this Code section on the first offense shall be guilty of a misdemeanor. Any person who violates para graph (1) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both.
(2) Any person who violates paragraph (2) of subsection (b) of this Code section shall be guilty of a misdemeanor."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon
Y Atkins Bailey Baker Balkcom
Y Bannister Y Barfoot

Y Bargeron
Y Barnett.B
Y Barnett,M Y Bates YBeck
Benefield Benn
Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks

Y Brown
YBuck Y Buford YByrd Y Campbell YCarrell
Y Carter Y Chambless
Y Chance Cheeks
Y Childers Y Clark,B Y Clark,H

Clark,L Y Coleman
Y Colwell Connell Couch
Y Crawford Y Crosby
Cummings,B Cummings,M
Y Davis,C Da ,G Davis.M Dixort,H

Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd^.M Y FloydJ.W Y Foster Y God bee
Goodwin

WEDNESDAY, MARCH 7, 1990

2485

Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins

Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee
Linder YLong YLord Y Lucas
Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney,B
McKinney.C Y Meadows

Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver.C 01iver,M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston
YPoag Y Porter
Postal Y Powell
Randall Y Ransom

YRay Y Reaves
Redding
Y Richardson Ricketson
Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith.L Y Smith,P
Smith,T Y Smith,W
Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens
Y Streat Teper

Y Thomas.C
Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan
Y Waddle Walker.C Walker.L
YWall YWare Y Watson
Y Watts White Wilder
Y Williams.B Y WiUiams,J YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 502. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to provide for certain ran dom drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees.

The following Committee substitute was read and adopted:

A BILL
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to require public transit operators to establish drug-testing pro grams for employees and applicants for positions performing sensitive safety functions; to provide for legislative findings and intent; to provide for definitions; to require operators of public transit systems to implement policies prohibiting employees from performing sensitive safety functions with prohibited drugs in their systems; to establish procedures and standards for such drug-testing programs; to provide for physician services; to provide for retests; to provide for exceptions; to provide for confidentiality of drug test results; to provide for statutory construction; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding after Chapter 9 thereof a new Chapter 9A to read as follows:
"CHAPTER 9A
32-9A-1. The General Assembly finds that the use of prohibited drugs can powerfully alter the ability of human beings to respond to their environment. Potential effects of

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JOURNAL OF THE HOUSE,

these drugs include significant physiological or psychological changes that are often immediate and, in some cases, delayed or prolonged. Extended use can have chronic effects resulting in changes in cognitive functions and biochemistry. There is a broad consensus that the use of prohibited drugs affects a person's capability to perform vari ous physical, cognitive, or judgmental functions. Persons who use these drugs can pose dangers to themselves, their coworkers, and, in public transportation activities, to the general public. It is of paramount importance to the public welfare that public transit systems be operated safely. The use of prohibited drugs by persons who provide public transit services unacceptably increases the risk of personal injury or damage to members of the general public and is inconsistent with the goal and policy of achieving the safest possible public transit operations for the citizens of the State of Georgia. Accordingly, it is the intent and purpose of the General Assembly to enhance the safety of public transit systems by requiring drug-testing programs designed to avoid or minimize the dangers to the general public occasioned by illegal or unsafe drug use by persons per forming activities of public transit systems.
32-9A-2. As used in this chapter, the term:
(1) 'Employee' means any person who is employed full time or part time by a pub lic transit operator or who performs activities of a public transit system for or on behalf of a public transit operator pursuant to a contract or otherwise.
(2) 'Pass a drug test' means that a public transit operator has determined that the results of a drug test administered under this chapter:
(A) Showed no evidence or insufficient evidence of a prohibited drug or drug metabolite;
(B) Showed evidence of a prohibited drug or drug metabolite but there was a legitimate medical explanation for the result;
(C) Were scientifically insufficient to warrant further action; or (D) Were suspect because of irregularities in the administration of the test or observation of chain of custody procedures. (3) 'Prohibited drug" means marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines, and such other substance or substances specified in Schedules I through IV of the Controlled Substances Act, 21 U.S.C. 801 et seq. and 21 C.F.R. Part 1308 as the public transit operator may designate for inclusion in its drug-testing pro gram. (4) 'Public transit operator' means any municipality, county, public authority, or instrumentality created or authorized pursuant to state law, state agency, or any other public body that alone or in conjunction with any other entity owns, leases, maintains, or operates a public transit system or provides for the operation of a public transit system whether directly, by contract, or otherwise. The term 'public transit operator' does not include any such entity that provides transportation services solely for one or more special classes of the general public, including, but not limited to, elderly and handicapped services, emergency medical services, school bus services, prison bus ser vices, or any other such special services nor does the term include any such entity that
provides only charter, sight-seeing, or recreational transportation services. (5) 'Public transit system' means all modes of conveyance, property, and equip
ment necessary or useful to transport passengers and that provides transportation ser
vices by vehicle to the general public. (6) 'Sensitive safety function' means any duty related to the safe operation of a
public transit system by a public transit operator, including: (A) Operation of any vehicle;
(B) Controlling dispatch or movement of any vehicle;
(C) Maintaining vehicles or equipment used by a public transit system to trans
port passengers; (D) Providing police or security services on behalf of a public transit operator;
or (E) Supervising an employee who performs a function listed in subparagraphs
(A) through (D) of this paragraph.

WEDNESDAY, MARCH 7, 1990

2487

(7) 'Vehicle' means any mode of conveyance utilized by a public transit system to transport passengers, including, but not limited to, buses, vans, cars, rail cars, trolley cars, trolley buses, or any vehicles used on a fixed guideway or incline plane. 32-9A-3. Except as provided in Code Section 32-9A-9, no later than July 1, 1990, every public transit operator shall establish and maintain a drug-testing program to detect the use of prohibited drugs by employees who perform a sensitive safety function or applicants to perform a sensitive safety function and to deter such employees from using prohibited drugs. 32-9A-4. (a) A drug-testing program required by this chapter shall include the fol lowing:
(1) Each public transit operator shall conduct testing for prohibited drugs on an unannounced and random basis with respect to employees who perform a sensitive safety function. Such random testing shall be on the basis of a scientifically valid ran dom number generation method;
(2) Each public transit operator shall conduct testing for prohibited drugs prior to hiring any individual to perform a safety sensitive function and prior to promoting or transferring any employee to perform a sensitive safety function; and
(3) Each public transit operator shall conduct testing for prohibited drugs with respect to any employee who performs a sensitive safety function and who is reason ably suspected of using a prohibited drug. For these purposes an employee is reason ably suspected of using a prohibited drug when the public transit operator can substantiate specific behavioral, performance, or contemporaneous physical indicators of probable drug use or when reliable information reasonably indicates that the indi vidual has used, sold, or distributed a prohibited drug in the recent past, (b) A drug-testing program required by this chapter may include testing of employ ees performing sensitive safety functions upon such other occasions as the public trans portation operator may determine, including, but not limited to, post-accident testing, testing upon creation of unsafe conditions, testing in conjunction with periodic physical examinations, follow-up testing, post-rehabilitation testing, and testing on a periodic basis. Evidence that a post-accident drug test was performed and the results of a test so performed, including other information obtained pursuant to a drug test, shall not be admissible in any legal action or lawsuit against a public transit operator for damages, whether for personal injuries or property damage, arising out of or related to an acci dent.
32-9A-5. (a) As a part of the drug-testing program required by this chapter, each public transportation operator shall adopt, implement, and enforce a policy that pre cludes an employee from performing a sensitive safety function with a prohibited drug in that employee's system. Such a policy shall require that:
(1) No individual shall be hired, promoted, or transferred to perform a sensitive safety function unless that individual passes a drug test administered under this chap ter;
(2) If an employee performing a sensitive safety function refuses to take a drug test authorized or required under this chapter or is tested for drugs under this chapter and does not pass the drug test, that employee shall be relieved of that person's sensi tive safety function duties immediately; and
(3) An employee who refuses to take a drug test authorized under this chapter or does not pass a drug test administered under this chapter may not return to a sensi tive safety function until that employee has satisfactorily met such return to duty standards as the public transit operator may require, including, without limitation, successfully passing a drug test.
32-9A-6. (a) The drug testing required or authorized by this chapter shall be per formed in accordance with standards established by the United States Department of Health and Human Services for Federal Workplace Drug Testing Programs or by the College of American Pathologists.
(b) Testing shall be performed by any drug-testing laboratory certified by the United States Department of Health and Human Services. The threshold levels for a positive test result for each prohibited drug shall be no less than the threshold levels established

2488

JOURNAL OF THE HOUSE,

by the United States Department of Transportation pursuant to 49 C.F.R. Part 40 or, in the case of a prohibited drug for which no threshold level has been established by the United States Department of Transportation pursuant to regulation, the threshold shall be established by the public transit operator after consultation with the licensed physician required to be available under Code Section 32-9A-7.
(c) The laboratory shall report each confirmed positive test and the level found in the sample to the public transit operator.
32-9A-7. (a) As a part of the drug-testing program required by this chapter, each public transit operator shall have available the services of a licensed physician with knowledge of substance abuse disorders and appropriate medical training to assist the public transit operator in interpreting and evaluating an employee's positive test result together with the employee's individual medical history and any other relevant biomedical information.
(b) The physician may, at the request of the public transit operator or employee, review the employee's test results and medical history, including any medical records and biomedical information provided, in determining whether there is a legitimate medi cal explanation for a positive result, including the use of a legally prescribed medication.
32-9A-8. (a) An employee who does not pass a drug test administered under this chapter may request that the original body fluid or tissue sample be analyzed again.
(b) An employee requesting a retest under this Code section must submit a written request to the public transit operator's designated representative within ten days of notice to the employee of the test result. The employee may specify retesting by the original laboratory site or by a second laboratory site that is certified to perform drug tests by the United States Department of Health and Human Services.
(c) An employee making a request for a retest under this Code section must pay the cost of the additional analysis and all costs associated with the transfer of the sample to another laboratory, including shipping and handling; provided, however, that the first retest shall be paid by the employer.
32-9A-9. The provisions of this chapter shall not apply to any public transit operator that is otherwise required by separate federal or state law or regulation, including, with out limitation, any rule or regulation promulgated by any agency of the United States Department of Transportation, to establish and maintain an antidrug or drug-testing program.
32-9A-10. Except as otherwise provided in this chapter and except as may otherwise be required by law, individual test results and other information obtained pursuant to a drug test administered under this chapter shall be confidential and shall not be released to a third party except upon the consent and authorization of the individual tested.
32-9A-11. (a) Nothing in this chapter shall be construed to require a public trans portation operator:
(1) To employ, promote, or transfer any individual to perform a sensitive safety function who does not pass or refuses to take a drug test administered under this chapter; or
(2) To return an employee to a sensitive safety function once that employee has been relieved of sensitive safety function duties for refusal to take a drug test under this chapter or for failure to pass such a drug test. (b) Nothing in this chapter shall be construed as limiting or restricting a public transportation operator from requiring corrective measures or imposing discipline, including termination, on any employee in a sensitive safety function who refuses to take or does not pass a drug test administered under this chapter. (c) Nothing in this chapter shall be construed to limit or restrict a public transporta tion operator from establishing and maintaining a comprehensive antidrug or drugtesting program that incorporates requirements for testing or other antidrug measures in addition to those specifically required or authorized by this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 7, 1990

2489

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch
Breedlove N Brooks
Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
N Clark.B
Y Clark.H Clark,L
Y Coleman Y Colwell
Connell
Y Couch Y Crawford Y Crosby Y Cummings.B
Cummings.M Y Davis.C N Davis,G Y Davis.M
Diion,H Y Dizon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson ,J
Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
Y Kingston Lane tD
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord N Lucas
Lupton
Y Mangum Martin
Y McCoy McDonald
Y McKelvey

N McKinney,B McKinney.C
Y Meadows Milam
Y Mobley
Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell NRandall Y Ransom
YRay Y Reaves
Redding
Y Richardson Ricketson
Y Robinson Y Royal Y Selman Y Simpson
Sinkfield

Y Smith,L
Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat
Teper
Y Thomas.C N Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker.L
Y Wall YWare Y Watson Y Watts N White Y Wilder Y Williams.B Y WiUiams,J YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 141, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Redding of the 50th moved that the House reconsider its action in giv ing the requisite constitutional majority to SB 502.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien N Athon
Atkins Bailey Y Baker Balkcom Y Bannister Y Barfoot N Bargeron N Barnett,B Y Barnett,M N Bates Beck Y Benefield

Benn Birdsong
Y Bishop Y Bostick
N Branch Breedlove
Y Brooks
Y Brown YBuck N Buford
NByrd N Campbell
Carrell N Carter N Chambless Y Chance
Y Cheeks Y Childers Y Clark,B

Y Clark.H Y Clark.L
Y Coleman N Colwell
Connell N Couch N Crawford N Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H N Dixon,S
Dobbs Y Dover Y Dunn
Edwards

NEhrhart N Felton N Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee Y Goodwin
Green Y Greene
Gresham Y Griffin Y Groover N Hamilton Y Manner Y Harris
Y Hasty Y Heard
Herbert

Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson N Irwin
Y Isakson Jackson,J
Y Jackson.W Jamieson
Y Jenkins Johnson
Y Jones N Kilgore Y Kingston
YLane,D N Lane,R
Langford

2490
Y Lawrence Y Lawson NLee Y Linder
Long NLord Y Lucas
Lupton N Mangum
Martin YMcCoy
McDonald N McKelvey Y McKinney.B Y McKinney.C Y Meadows YMilam

JOURNAL OF THE HOUSE,

N Mobley
Moody Y Mortal Y Moultrie Y Mueller Y Oliver.C
N Oliver,M YOrr
Orrock N Padgett
Pannell Parham Parrish Patten Pettit Pinkston YPoag

Y Porter
YPoston N Powell YRandall Y Ransom
YRay Reaves
Y Redding N Richardson
Ricketson Y Robinson
Y Royal YSelman N Simpson
Sinkfield
Y Smith,L Y Smith,P

Y Smith,T
Smith,W
YSmyre
YSnow Y StanciLF Y Stancil,S
Stanley YSteele
Stephens Y Streat
Teper N Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert

Townsend NTwiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L YWall YWare
Watson Y Watts Y White Y Wilder
N WUliams,B Y Williams^ YYates YYeargin
Murphy.Spkr

On the motion, the ayes were 103, nays 35. The motion prevailed.

The Speaker assumed the Chair.

The following Resolution of the House was read:

HR 1070. By Representatives Murphy of the 18th, Connell of the 87th, Buck of the 95th, Hanner of the 131st, Royal of the 144th and others:
A resolution in memory of Steve Polk.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore
Y Kingston
YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

Y McKinney,B
Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock
Y Padgett Y Pannell Y Parham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman
Y Simpson Y Sinkfield

Y Smith,L
Y Smith,? Y Smith,T Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat
Y Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Y Walker,L YWall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J YYates Y Yeargin Y Murphy,Spkr

WEDNESDAY, MARCH 7, 1990

2491

On the adoption of the Resolution, the ayes were 180, nays 0. The Resolution was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1512.

By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd, Simpson of the 70th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the pro visions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.

HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Anno tated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1204.

By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registra tion and election.

HB 1568. By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th, Holcomb of the 72nd, Parrish of the 109th and others:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, known as the "Used Car Dealers' Registration Act," so as to change the definition of a used car dealer.

HB 1505. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.

The Senate has disagreed to the House amendment to the Senate amendment to the following Bill of the House:

2492

JOURNAL OF THE HOUSE,

HB 1554.

By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circum stances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Har bor on December 7, 1941.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1298.

By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers.

The Senate insists on its substitute to the following Bill of the House:

HB 442. By Representative Porter of the 119th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the Senate:

SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and oth ers:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.

The President has appointed on the part of the Senate the following: Senators Kidd of the 25th, Olmstead of the 26th and Walker of the 43rd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 450.

By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and others:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehi cle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.

WEDNESDAY, MARCH 7, 1990

2493

Representative Jackson of the 9th moved that the House adhere to its position in sub stituting SB 450 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate:
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Jackson of the 9th, Barnett of the 10th and Parham of the 105th.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1067.

By Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th:
A resolution commending and inviting members of the Gainesville Theatre Alliance to appear before the House of Representatives.

HR 1071. By Representatives White of the 132nd and Murphy of the 18th:
A resolution commending R.E. "Ted" Turner and inviting him to appear before the House of Representatives.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

HB 1316. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.

The following Senate substitute was read:

A BILL
To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for defini tions; to change which persons are required to report child abuse; to change when certain notifications must be made; to provide for criminal penalties and fines; to require report ing notwithstanding the privileged or confidential nature of certain communications; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"19-7-5. (a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. This is often manifest by th miliction Dy oilier tftfln &cctuentftl mcflfts of pnysicftl injury rcQuinn^ tnc cttt/6ntion oi a physician. It is intended that the mandatory reporting of such cases will cause the pro tective services of the state to be brought to bear on the situation in an effort to prevent

2494

JOURNAL OF THE HOUSE,

further abuses, to protect and enhance the welfare of these children, and to preserve family life wherever possible. This Code section shall be liberally construed so as to carry out the purposes thereof.
\o) Any pnysician, including any doctor of medicine licensed to practice under i_Jiiap-
medical personnel, dcntiat, psychologist, podiatrist, nursing personnel, social work per sonnel; schooltcachcrs aad school administrators, school guidance counselors, child-care personnel, day-care personnel, child-counseling personnel, child service organization personnei, of law eniorcement personnel navmg reasona Die cftuse to believe tnat a "cnild
ot caretaker by ether than accidental means, has been neglected er exploited by a parent or caretaKer, or ftas been sexually ftssaulted or sexually exploited sn8.il report OF CQUSC reports to oe made m aceordance witn tftis oode section, provided> nowever, tnat, wnen the attendance of the reporting person on a child is pursuant to the performance of ser vices as a mem Der of tiie staii of st nospital, scnool, social agency, or similar laciiity^ nc 3iid.ll notiiy tne person tn cnarge of ttie facility or nis designated delegate, and sucn per~ sen er his delegate shall report er cause reports te be made in accordance with this Code section. Any otiier person rtaving cause to believe tiiat a eftiid nas nad pnysicai injury

or sexually exploited may report or cause reports to be made m accordance witn ttiis Oode section, r or purposes of tnis subsection, a cniid is sexually cxptoited wnen tfte
in prostitution, as defined i Code Section 16-6-9, er allows, permits, encourages, er reQUires sucn cftiid to engage m sexually explicit conduct tor tne purpose of producing any visual of pfHit medium depicting sucn conduct, as detincd m oode ocction 16-12-100.
(b) As used in this Code section, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Any physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that discipline adminis tered for the purpose of correcting the child's behavior shall not be presumed to be child abuse when it is reasonable in manner and moderate in degree, with considera tion for the age, size, and condition of the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child. (4) 'Sexual exploitation' means conduct by a child's parent or caretaker who
allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print
medium depicting such conduct, as defined in Code Section 16-12-100. (c) (1) The following persons having reasonable cause to believe that a child has been abused shall report or cause reports of that abuse to be made as provided in this Code section:
(A) Physicians licensed to practice medicine, interns, or residents; (B) Hospital or medical personnel; (C) Dentists; (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43; (E) Podiatrists: (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43; (G) Professional counselors, social workers, or marriage and family licensed pursuant to Chapter 10A of Title 43;

WEDNESDAY, MARCH 7, 1990

2495

(H) Schoolteachers; (I) School administrators; (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20; (K) Child welfare agency personnel, as that agency is defined pursuant to Code Section 49-5-12; (L) Child-counseling personnel; (M) Child service organization personnel; or (N) Law enforcement personnel. (2) If a person is required to report abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as a member of the staff of a hospital, school, social agency, or similar facility, that person shall notify the per son in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code sec tion. A staff member who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection, (d) Any other person, other than one specified in subsection (c) of this Code section, who has reasonable cause to believe that a child is abused may report or cause reports to be made as provided in this Code section. {e} (e) An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse^ sexual assault, er sexual exploitation is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shall, if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority. {d) (f) Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of a report or causing a report to be made to a child welfare agency providing protective services or to an appropriate police authority pursuant to this Code section or any other law or participating in any judicial proceed ing or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section or any other law is made in good faith. Any person making a report, whether required by this Code section or not, shall be immune from liability as provided in this subsection. (g) Suspected child abuse which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to believe such abuse has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law. {) (h) Any person or official required by subsection (c) of this Code section to report a suspected case of child abuse who knowingly and willfully fails to do so shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

2496

JOURNAL OF THE HOUSE,

Representative Smith of the 152nd moves to amend the Senate substitute to HB 1316 by striking lines 15 through 20 on page 3 and substituting in lieu thereof the following:
"means; provided, however, that reasonable use of traditional forms of discipline, including but not limited to ordinary spanking and paddling, shall not be deemed to be child abuse;".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy Y Adams
Y Aiken Alford
N Alien Y Athon Y Atkins Y Bailey N Baker N Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Bates N Beck N Benefield YBenn Y Birdsong
Bishop N Bostick Y Branch N Breedlove Y Brooks
Brown NBuck Y Buford YByrd Y Campbell Y Carrell
N Carter N Chambleas Y Chance Y Cheeks

Y Childers Y Clark.B
Y Clark.H Y Clark.L
Coleman Colwell Y Connell Couch
N Crawford Y Crosby Y Cummings,B N Cummings.M Y Davis.C Y Davis.G Y Davis,M
Y Dixon,H Dixon,S Dobbs
Y Dover Dunri
Y Edwards Y Ehrhart N Felton N Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Goodwin
Y Green N Greene
Gresham Griffin N Groover N Hamilton Y Manner

Y Harris N Hasty
Y Heard N Herbert Y Holcomb Y Holland
N Holmes N Hooks Y Howren
Y Hudson N Irwin N Isakson N Jackson,J Y Jackson.W
Jamieson Y Jenkins
Johnson N Jones N Kilgore Y Kingston NLane.D
YLane.R Y Langford Y Lawrence N Lawson YLee Y Linder YLong YLord Y Lucas N Lupton
Mangum N Martin YMcCoy
McDonald Y McKelvey

Y McKinney.B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton N Moultrie Y Mueller
Y Oliver.C N Oliver.M
NOrr N Orrock Y Padgett N Pannell
YParham Y Parrish
Patten N Pettit N Pinkston NPoag N Porter N Poston Y Powell YRandall N Ransom
YRay N Reaves
Redding N Richardson
Ricketson N Robinson Y Royal NSelman N Simpson N Sinkfield

On the adoption of the amendment, the ayes were 98, nays 58. The amendment was adopted.

Y Smith,L Y Smith.P
Y Smith.T N Smith,W NSmyre
Snow N Stancil,F Y Stancil,S Y Stanley
YSteele N Stephens Y Streat NTeper N Thomas.C N Thomas.M
N Thompson Y Thurmond Y Titus Y Tolbert N Townsend YTwiggs
Y Vaughan Y Waddle
Walker.C
Walker,L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder N Williams.B Y Williams,J Y Yates Y Yeargin
Murphy ,Spkr

The following amendment was read and withdrawn:

Representatives Thompson of the 20th and Baker of the 51st move to amend the Sen ate substitute to HB 1316 as follows:
By adding after the word child on line 20 the following language:
provided further that reasonable use of traditional forms of discipline, including but not limited to ordinary spanking and paddling, shall not be deemed to be child abuse.

Representative Orr of the 9th moved that the House agree to the Senate substitute, as amended by the House, to HB 1316.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 7, 1990

2497

Y Aaron
Y Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childera Y Clark.B
Y Clark.H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford
Y Croaby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards
YEhrhart Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson
Irwin Ylsakson Y Jackson,J Y Jackson.W
Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore N Kingston Y Lane,D
YLane.R Y Langtord Y Lawrence Y Lawson
YLee Y Linder
YLong YLord Y Lucas
Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 153, nays 4. The motion prevailed.

McKinney,B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton
Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell YParham YParrish
Patten Y Pettit Y Pinkston YPoag
Porter YPoston Y Powell YRandall Y Ransom YRay
Y Reaves Y Redding N Richardson
Ricketson Robinson Y Royal Sehnan Y Simpson Sinkfield

Smith,L Y Smith,P Y Smith.T
Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley
YSteele Y Stephens Y Streat YTeper
Y Thomas.C N Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert N Townsend YTwiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J
Yates Y Yeargin
Murphy,Spkr

Representative Goodwin of the 63rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Sinkfield of the 37th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Due to mechanical malfunction, the vote of Representative Robinson of the 96th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1980. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the State Court of Rockdale County, so as to change the provisions relating to the salary of the judge of said court.

The following Senate substitute was read:

A BILL
To amend an Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, so as to change the provisions relating to the sal ary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Court of Rockdale County, approved April 2, 1987 (Ga. L. 1987, p. 5452), as amended, is amended by striking subsection (c) of Section 11 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) The judge shall devote full time to the duties of his office and he shall be paid a salary equal to 92.5 percent of the salary now or hereafter paid to the judge of the Superior Court of Rockdale County. Said salary shall be payable monthly out of the funds of Rockdale County. The salary of such judge shall be an expense of said court."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1980.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1981. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the judge of the Pro bate Court of Rockdale County in lieu of the fee system of compensation, so as to change the provisions relating to the compensation of the judge of the probate court.

The following Senate substitute was read:

A BILL
To amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, is amended by striking Section 2 in its entirety and insert ing in lieu thereof a new Section 2 to read as follows:
"Section 2. The judge of the probate court shall receive an annual salary equal to 51.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supple ment or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The judge of the probate court shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 7, 1990

2499

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1981.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1982.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a board of commissioners for Rockdale County, so as to change the provisions relating to the compensation of the chairman and the other members of the board of commissioners.

The following Senate substitute was read:

A BILL
To amend an Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, so as to change the provisions relating to the compensation of the chairman and the other members of the board of commission ers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, is amended by striking subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Commissioners other than the chairman shall receive an annual salary for ser vices as same equal to 16.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The chair man shall receive an annual salary for services as same equal to 71.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary of the chairman and commissioners shall be paid in equal monthly installments paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsections (b) and (c) of this section, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman and other commissioners shall be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1982.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1983. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating a Magistrate's Court of Rockdale County, so as to change the provisions relating to the annual salary of the chief mag istrate.

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The following Senate substitute was read:

A BILL
To amend an Act creating a Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, so as to change the provisions relating to the annual salary of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by striking Section 12 of said Act and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. The chief magistrate of the Magistrate's Court of Rockdale County shall receive an annual salary equal to 43.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1983.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1985.

By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.

The following Senate substitute was read:

A BILL
To amend an Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, so as to change the provi sions relating to the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The sheriff shall receive an annual salary equal to 62.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The sheriff shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same

WEDNESDAY, MARCH 7, 1990

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basis as other officers and employees of Rockdale County if he meets the normal eligibil ity requirements of the programs."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1985.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1989. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, so as to change the provisions relating to the salary of the tax com missioner.

The following Senate substitute was read:

A BILL
To amend an Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, so as to change the provi sions relating to the salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. The tax commissioner of Rockdale County shall receive an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Sec tion 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The tax commissioner shall be authorized to appoint a chief deputy and four full-time deputies to assist him in the discharge of his official duties. The tax commissioner shall also be authorized to partici pate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1989.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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HB 1990. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, so as to change the provisions relating to the compensation of the clerk of the superior court.

The following Senate substitute was read:

A BILL
To amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The clerk of the Superior Court of Rockdale County shall receive an annual salary equal to 56 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The salary shall be payable in equal monthly installments from the funds of Rockdale County. The clerk shall also be authorized to participate in the Group Retirement Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1990.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1137. By Representative Richardson of the 52nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of continuing care providers and facilities; to provide for exemptions; to pro hibit continuing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department.

WEDNESDAY, MARCH 7, 1990

2503

The Speaker announced the House in recess until 2:05 o'clock, this afternoon.

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
Representative Holland of the 136th arose to a point of personal privilege and addressed the House.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:
HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circum stances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Har bor on December 7, 1941.
Representative Clark of the 20th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1554 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker Pro Tem appointed as a Committee of Conference on the part of the House the following members:
Representatives Clark of the 20th, Jackson of the 9th and Barnett of the 10th.
The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:
HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Anno tated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.
The following Senate amendment was read:
Amend HB 1228 by striking from lines 1 through 4 of page 1 the following:
"Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as",
and inserting in their place the following:
"Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to authorize certain courts to refer certain domestic cases to mediation; to provide for certain immunity of such mediators; to provide for civil liability of such mediators;".

WEDNESDAY, MARCH 7, 1990

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By inserting between "proof;" and "to" on line 7 of page 1 the following:
"to authorize certain courts to refer certain contested custody and visitation cases to mediation; to provide for certain immunity of such mediators; to provide for civil liabil ity of such mediators; to provide for notice; to provide for availability of certain records and information; to provide for the establishment of mediation services and programs; to provide for personnel; to provide for fees; to provide for a domestic relations media tion advisory committee; to provide for the powers and duties of such committee;".
By striking lines 10 through 15 of page 1 in their entirety and inserting in their place the following:
"Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-5-1, relating to the granting of total divorce, and inserting in its place a new Code Section 19-5-1 to read as follows:
'19-5-1. (a) Total divorces may be granted in proper cases by the superior court. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings.
(b) In any domestic case before a final order is entered, in jurisdictions where there is available a mediation program approved by the Council of District Adminis trative Judges, as provided in Code Sections 19-9-80 and 19-9-81, a court, upon its own motion or request of one or both parties, has the discretionary power to refer such matters to mediation as an additional resource to assist the parties in attempting to resolve the issues in dispute and to reach a mutually acceptable agreement. If such agreement results from the mediation, it must be submitted to the court for approval and incorporation in the court's judgment and order regarding the domestic relations action before the court.
(c) Mediators providing services under this Code section are immune from process and any statements, admissions, records, or representations not otherwise discoverable made by the parties or mediator involved in the mediation activities, except for the written agreement which may result from the mediation, are deemed part of the set tlement process and are inadmissible in subsequent court proceedings.
of mediators operating under this Code section shall be lim ited to willful and wanton misconduct.'
Section 2. Said title is further amended by striking subsection (a) of Code Section 19-5-10, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, and inserting in its place a new subsection (a) to read as follows:".
By inserting between lines 2 and 3 of page 2 the following:
"Section 3. Said title is further amended by adding three new Code sections provid ing for mediation in certain contested custody and visitation matters immediately fol lowing Code Section 19-9-5, to be designated Code Section 19-9-6, 19-9-7, and 19-9-8, to read as follows:
'19-9-6. (a) In all contested custody and visitation matters where there is availa ble a mediation program or mediator approved by the Council of District Administra tive Judges, a court, upon its own motion or request of one or both parties, has the discretionary power to refer such matters to mediation as an additional resource to assist the parties in attempting to resolve the issues in dispute and to reach a mutu ally acceptable agreement in the best interest of the child. If such agreement results from the mediation, it must be submitted to the court for approval and incorporation in the court's judgment and order regarding custody and visitation.

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(b) Any matter in which physical or sexual abuse of the child is alleged may be deemed inappropriate for referral to mediation.
(c) Mediators providing services under this Code section are immune from process and any statements, admissions, records, or representations not otherwise discoverable made by the parties or mediator involved in the mediation activities, except for the written agreement which may result from the mediation, are deemed part of the set tlement process and are inadmissible in subsequent court proceedings.
(d) The civil liability of mediators operating under this Code section shall be lim ited to willful and wanton misconduct.
19-9-7. Except as otherwise provided in this Code section, if the custodial parent or joint custodial parent moves his or her residence from Georgia to another state, such parent must notify the noncustodial or joint custodial parent at least 60 days prior to changing such residence by filing a notification of change of residence with any court in this state having jurisdiction over any question concerning the custody of the minor child or children and delivering a copy of same, by certified mail, to the noncustodial or joint custodial parent. If the custodial parent or joint custodial parent receives less than 60 days' prior notice that a residence change must be made, such parent shall promptly give reasonable notice to the court. Failure of the custodial par ent or joint custodial parent to notify the court of a change of residence within 60 days, or within such reasonable period as shall be determined by the court, prior to leaving the state shall result in a fine of $1,000.00 to be assessed against the custodial or joint custodial parent in violation of this Code section.
19-9-8. Unless otherwise provided by court order or law, all records and informa tion pertaining to the child, including medical, dental, school, and law enforcement records, shall be equally available to both parents in all types of custody arrange ments.'
Section 4. Said title is further amended by adding a new article establishing media tion services and programs at the end of Chapter 9, to be designated Article 4, to read as follows:
'ARTICLE 4
19-9-80. (a) The Council of District Administrative Judges shall cause to be established a custody and visitation mediation service to provide state-wide and uni form mediation programs for local judicial circuits in cases involving unresolved domestic relations cases, including issues relating to the custody, visitation, or support of a minor child or children, division of property, and alimony. The purpose of the domestic relations mediation programs shall be to provide the services of skilled medi ators to resolve disputes involving custody and visitation rights.
(b) The Council of District Administrative Judges shall establish a state-wide cus tody and visitation mediation service comprised of local circuit mediation programs to be established in all judicial circuits of the state opting to participate in mediation or custody and visitation matters. Each local circuit mediation program shall consist of a skilled qualified mediator or mediators to provide mediation services and such cleri cal staff as the Council of Administrative Judges in consultation with the chief judge of the local judicial circuit deems necessary. Such personnel, to be employed by the chief judge of the circuit, may serve as full-time or part-time state employees or, in the alternative, such mediation services may be provided on a contractual basis when determined appropriate by the Council of District Administrative Judges. All or part of a mediation program in one judicial circuit may be authorized by the Council of District Administrative Judges to be operated in conjunction with that of another cir cuit or circuits. The Council of District Administrative Judges or the district court administrators are authorized to approve contractual agreements for such mediation services as executed by order of the chief judge of the circuit. The Council of District

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Administrative Judges shall promulgate rules and regulations necessary and appropri ate for the administration of the programs with the advice of the domestic relations mediation advisory committee appointed by the Chief Justice of the Supreme Court of Georgia and upon the approval of the Supreme Court of Georgia.
(c) The clerks of the superior courts in each judicial circuit participating in media tion services shall charge an additional fee of not less than $5.00 in each divorce, ali mony, child support, annulment, and separate maintenance case and in any modification of decree filing in any such case to cover the costs of mediation provided for by this article.
19-9-81. (a) The Council of District Administrative Judges shall, in cooperation with the chief judge of each circuit and other circuit personnel, implement and admin ister the local judicial circuit programs specified by this article.
(b) The Chief Justice of the Supreme Court of Georgia shall appoint a domestic relations mediation advisory committee consisting of at least five members to advise the domestic relations mediation programs in the local judicial circuits in regard to training and qualifications of mediators and fees to be assessed by each participating local district to cover the costs of such mediation services. The members of the advis ory committee shall receive the same per diem and reimbursement for travel expenses as members of the Council of District Administrative Judges.
(c) The custody and visitation mediation advisory committee shall be appointed by August 1, 1990, and shall submit, within 90 days of their appointment, standards and rules proposed for approval by the Supreme Court of Georgia to the Council of Administrative District Judges for its review and approval.'"
By striking "2" from line 3 of page 2 and inserting in its place "5".

Representative Poston of the 2nd moved that the House disagree to the Senate amendment to HB 1228.
The motion prevailed.

HB 1204.

By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registra tion and election.

The following Senate substitute was read:

A BILL
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to law enforcement officers and agencies, so as to provide for training for law enforcement officers and prosecuting attorneys in the identification and combating of bias crimes; to amend Code Section 35-3-35 of the Official Code of Geor gia Annotated, relating to dissemination of records of the Georgia Crime Information Cen ter, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election; to provide for procedures; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to create the "Bias Crimes Informa tion and Documentation Act"; to provide for a short title; to provide for a statement of purpose; to provide for construction; to provide for powers and duties of the director of the Georgia Bureau of Investigation, law enforcement agencies, and the State of Georgia

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JOURNAL OF THE HOUSE,

Criminal Justice Statistical Analysis Center at Georgia State University; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to law enforcement officers and agencies, is amended by add ing at the end thereof a new Code Section 35-1-9 to read as follows:
"35-1-9. The Georgia Peace Officer Standards and Training Council, law enforcement training centers monitored and funded by the Peace Officer Standards and Training Council, and the Georgia Public Safety Training Center shall incorporate training mate rials and information in methods for identifying and combating bias crimes and terroristic acts in all courses for which they have responsibility and oversight. The Pros ecuting Attorneys' Council of the State of Georgia shall provide training for all prosecut ing attorneys of the state in methods for identifying and combating bias crimes and terroristic acts."
Section 2. Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, is amended in sub section (a) by striking "and" at the end of paragraph (1) and by adding a new paragraph immediately following paragraph (1), to be designated paragraph (1.1), to read as follows:
"(1.1) Make criminal history records maintained by the center available to any county board of registrars or county board of registration and election. Any such board shall be deemed to have the consent of the person whose records are requested by virtue of the person's signature on a voter registration card. Such records shall be requested for the sole purpose of verification of information provided on voter registration cards by registration applicants; and".
Section 3. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding at the end of said chapter a new Article 5 to read as follows:
"ARTICLE 5
35-3-100. This article shall be known and may be cited as the 'Bias Crimes Informa tion and Documentation Act.'
35-3-101. This article is enacted as a direct response to the high level of reactivation of bias and violent crimes and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these bias and violent crimes and terroristic acts.
35-3-102. As used in this article, the term: (1) 'Bias crime' means any crime that hinders any person's exercise of the enjoy
ment of rights secured by the Constitution or laws of the United States or this state that have been interfered with, or attempted to be interfered with, because of the sta tus of a person or persons by means of any criminal act or acts that threatened, caused, or could cause bodily or emotional harm, caused or could cause property dam age, including arson, or put a person in reasonable fear of bodily harm or damage to his or her property.
(2) 'Status' means race, religion, sex, color, national origin. 35-3-103. (a) The director of the Georgia Bureau of Investigation or his designee shall acquire data from all law enforcement agencies on the incidence of criminal acts that manifest in their commission evidence of intent or motive based on status. The crimes with respect to which such data shall be acquired are:
(1) Homicide; (2) Involuntary manslaughter; (3) Aggravated assault; (4) Aggravated battery; (5) Simple assault; (6) Simple battery;

WEDNESDAY, MARCH 7, 1990

2509

(7) Robbery; (8) Armed robbery; (9) Burglary; (10) Disorderly conduct; (11) Aggravated sodomy; (12) Rape; (13) Theft; (14) Arson; (15) Criminal damage to property in the first degree; (16) Criminal damage to property in the second degree; (17) Criminal trespass; (18) Criminal defamation; (19) False imprisonment; (20) Threat or terroristic threat; and (21) Such other crimes the director considers appropriate. (b) The director or his designee shall establish guidelines for the collection of such data by all law enforcement agencies, including the necessary evidence and criteria that must be present for finding of evidence of intent or motive based on status and shall establish guidelines and procedures for carrying out the purpose of this Code section and the acquisition of such data. (c) The State of Georgia Criminal Justice Statistical Analysis Center at Georgia State University shall, at least semiannually, publish and make public a report that con tains a statistical summary of data acquired under this Code section."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Simpson of the 70th moved that the House disagree to the Senate sub stitute to HB 1204.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 447. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the State Personnel Board shall adopt and promulgate a schedule of maximum fees for medical and surgical services and professional services provided in hospitals.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 489. By Senator Foster of the 50th:
A bill to amend Code Section 36-42-7 of the Official Code of Georgia Anno tated, relating to the qualifications of directors of downtown development authorities, so as to change the provisions relating to such qualifications; to provide an effective date.

2510

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 1000. By Representatives Bishop of the 94th, Sinkfield of the 37th, Greene of the 130th, Smyre of the 92nd, Isakson of the 21st and others

A RESOLUTION
Creating the House Study Committee on Low and Moderate Income Housing in Geor gia; and for other purposes.
WHEREAS, one of the most critical measures affecting the quality of life in Georgia is the availability and affordability of housing for low and moderate income citizens; and
WHEREAS, the number of decent and affordable housing units for low and moderate income citizens in many areas of Georgia is often insufficient; and
WHEREAS, the significant and growing number of homeless persons in Georgia is fre quently related to the lack of an adequate supply of affordable housing; and
WHEREAS, the Governor and the General Assembly have undertaken to address the problem of homelessness in Georgia through the creation and funding of a State Housing Trust Fund for the Homeless; and
WHEREAS, the long-range solutions to the problems of homelessness and the lack of affordable housing in Georgia will require careful planning and adequate financing; and
WHEREAS, there is a need to study long-term financing options which will encourage or cause the development of additional low and moderate income housing in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Study Committee on Low and Moderate Income Housing in Georgia. The study committee shall be composed of seven members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall appoint the chairperson of the committee from among the members of the committee. The committee shall meet upon the call of the chairperson. The committee shall be responsible for identifying and studying the public and private resources which could potentially be utilized or developed or employed to encourage or cause the develop ment of additional low and moderate income housing in the State of Georgia. As part of the committee's study, the committee may include recommendations in the committee's report with respect to needed legislation or other appropriate action which may be neces sary to improve the overall housing conditions in this state.
BE IT FURTHER RESOLVED that the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exer cise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds neces sary to carry out the provisions of this resolution shall come from the funds of the legisla tive branch of government. The committee shall conclude its business and prepare its report and recommendations, if any, no later than December 15, 1990, at which time the committee shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

WEDNESDAY, MARCH 7, 1990

2511

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Aiken Alford Y Alien Y Athon Y Atkins Y Bailey Baker Balkcom Y Bannister Y Barfoot Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Brooks Brown Buck Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Chance Cheeks

Y Childers Clark.B
Y Clark.H Y Clark,L
Coleman Y Colwell
Connell Y Couch
Crawford
Y Crosby Cummings,B
Y Cummings.M Y Davis.C
Davis.G Y Davis.M Y Dkon,H Y Dixon,S
Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson
Jenkins Johnson
Y Jones Y Kilgore
Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
YMcCoy McDonald
Y McKelvey

Y McKinney,B Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson
Y Sinkfield

Y Smith,L Y Smith,?
Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens
Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker,L Y Wall Ware Y Watson Y Watts White Wilder Williama.B Williams,J Yates Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 129, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 462. By Senators Edge of the 28th, Baldwin of the 29th and Peevy of the 48th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Anno tated, relating to when the surrender of parental rights is not required in adoption proceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effective date.

The following amendment was read and adopted:

Representative Poston of the 2nd moves to amend SB 462 by striking all the language from lines 3 through 5 of page 2 and inserting in lieu thereof the following:
"Section 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all actions filed on or after the effective date of this Act and to all actions pending on such date in which a final order has not been entered.
(b) The provisions of this Act shall remain in effect until the effective date of SB 443 adopted during the 1990 session of the General Assembly, at which time the provi sions of SB 443 shall supersede the provisions of this Act."

2512

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abemathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark.L
Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis,C
Davis.G Y Davis,M Y Dixon.H Y Dixon.S
Dobbs Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene Gresham Y Griffin Y Groover Y Hamilton Manner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson.W Y Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under YLong YLord Lucas Lupton Y Mangum Y Martin Y McCoy McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley
Moody Y Morion Y Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston YPoag Porter YPoston Y Powell Randall Ransom YRay Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Y Smith, W YSmyre YSnow Y Stancil.F Y Stancil,S
Stanley Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thunnond Y Titus Y Tolbert Townsend YTwiggs Y Vaughan Y Waddle Walker.C Walker.L Y WaU Ware Y Watson Y Watts White Y Wilder Y Williams,B Williams^ Yates Y Yeargin Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 1013. By Representatives Stanley of the 33rd, Randall of the 101st, Murphy of the 18th, McKinney of the 35th, Thomas of the 31st and others:
A resolution designating the Julius Cornelius Daugherty Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron
Y Abemathy Y Adams
Aiken

Alford
Y Alien Y Athon Y Atkins

Y Bailey
Baker Y Balkcom Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M

Y Bates
YBeck Benefield
YBenn

WEDNESDAY, MARCH 7, 1990

2513

Birdsong
Y Bishop Y Bostick
Y Branch
Y Breedlove Brooks
Brown YBuck Y Buford YByrd
Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Davis.G
Y Davis,M Y Dixon,H

Y DUon,S
Dobbs Y Dover YDunn Y Edwards
Ehrhart Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin
Groover Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Ylsakson

Y Jackson,J
Y Jackson,W
Y Jamieson Jenkins Johnson
Y Jones Y Kilgore Y Kingston
Lane.D YLane,R Y Langford Y Lawrence
Y Lawson YLee Y Under YLong YLord
Lucas Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton
Y Moultrie

Y Mueller Y Oliver.C
Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham YParrish Y Patten
Pettit YPinkston YPoag Y Porter
Poston Y Powell
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Simpson Y Sinkfleld Y Smith,L Y Smith,P Smith,T Y Smith,W

YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Y Stephens YStreat YTeper
Y Thomas,C Y Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall
Ware Y Watson
Y Watts
White
Y Wilder
Y Wuliams,B Williams.J
Yates
Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 140, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate insists on its amendment to the House substitute to the following Bill of the Senate:

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insur ance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Anno tated, relating to illegal and void contracts generally, so as to change the pro visions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter.

The President has appointed on the part of the Senate the following: Senators Johnson of the 47th, Deal of the 49th and Howard of the 42nd.

2514

JOURNAL OF THE HOUSE,

The Senate has disagreed to the House substitutes to the following Bills of the Senate:

SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms.

SB 750. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1756. By Representatives Smyre of the 92nd, Mangum of the 57th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to provide for variations in the program weights; to change certain minimum expenditure requirements.

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to pro hibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circum stances.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

WEDNESDAY, MARCH 7, 1990

2515

SB 420. By Senator Peevy of the 48th:
A bill to amend Code Section 31-9-6.1 of the Official Code of Georgia Anno tated, relating to disclosure of certain information to persons undergoing cer tain surgical or diagnostic procedures, so as to include intraductal injection procedures within the list of those diagnostic procedures that a person must be informed about and must consent to before having such procedure admin istered.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates
Beck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance. Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark.L
Coleman Y Colwell
Connell Y Couch Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis,C Y Davis,G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C 01iver,M
YOrr
Y Orrock Y Padgett Y Pannell YParham
Y Parrish Patten Pettit Pinkston
YPoag
Y Porter YPoston Y Powell
Randall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Robinson Y Royal Y Selman
Simpson Sinkfield

Y Smith,L Y Smith,P
Smith.T
Smith.W Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J
Yates Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was

SB 500. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from pub lic employment of public employees committing certain criminal offenses involving controlled substances and dangerous drugs; to provide a short title.

The following Committee substitute was read and adopted:

2516

JOURNAL OF THE HOUSE,

A BILL
To amend Title 45 of the Official Code of Georgia Annotated, relating to public offi cers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to pro vide for the suspension and termination from public employment of public employees committing certain criminal offenses involving controlled substances, marijuana, and dan gerous drugs; to provide a short title; to provide for legislative findings and intent; to pro vide for definitions; to provide for the ineligibility of certain offenders for public employment; to provide an exemption; to provide for related matters; to provide for appli cability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 45 of the Official Code of Georgia Annotated, relating to public offi cers and employees, is amended by adding at the end a new Chapter 23 to read as follows:
"CHAPTER 23
45-23-1. This chapter shall be known and may be cited as the 'Drug-free Public Work Force Act of 1990.'
45-23-2. The General Assembly finds that the manufacture, distribution, sale, or pos session of controlled substances, marijuana, and other dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradi cate the unlawful manufacture, distribution, sale, and possession of controlled sub stances, marijuana, and other dangerous drug's. With this purpose in mind, the General Assembly declares that its work force must be absolutely free of any person who would knowingly manufacture, distribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this chapter.
45-23-3. As used in this chapter, the term: (1) 'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of the term 'controlled substance' in paragraph (4) of Code Section 16-13-21.
(2) 'Convicted' or 'conviction' refers to a final conviction in a court of competent jurisdiction or the acceptance of a plea of guilty.
(3) 'Dangerous drug' means any drug or substance defined as such under Code Section 16-13-71.
(4) 'Marijuana' means any substance described in paragraph (16) of Code Section 16-13-21.
(5) 'Public employee' means any person employed on a full-time, part-time, tempo rary, or intermittent basis by the state, including any agency, authority, department, bureau, or instrumentality thereof, or by any entity covered under the State Merit System of Personnel Administration. Such term shall also include all employees, offi cials, or administrators of any public school system, including, but not limited to, pri mary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.
(6) 'Public employer' means any state agency, department, board, bureau, or other instrumentality. This term also includes any agency covered under the State Merit System of Personnel Administration or any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.
(7) 'Public employment' means employment by any public employer. 45-23-4. (a) Any public employee who is convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a

WEDNESDAY, MARCH 7, 1990

2517

dangerous drug shall be suspended from his or her public employment for a period of not less than two months. Any such employee shall be required as a condition of com pletion of suspension to complete a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by: (1) the State Personnel Board in the case of employees in the classified service of the state merit system; or (2) the public employer having management and control of the employee in the case of other public employees.
(b) Any public employee who is convicted for a second or subsequent time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be terminated from his or her public employment and shall be ineligible for other public employment for a period of five years from the most recent date of conviction.
45-23-5. (a) Any person who has been convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of three months from the date of conviction.
(b) Any person who has been convicted two or more times, under the laws of this state, the United States, or any other state, of any criminal offense involving the manu facture, distribution, sale, or possession of a controlled substance, marijuana, or a dan gerous drug shall be ineligible for any public employment for a period of five years from the most recent date of conviction.
45-23-6. The suspension, expulsion, and ineligibility sanctions prescribed in this chapter are intended as minimum sanctions, and nothing in this chapter shall be con strued to prohibit any public employer from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlaw ful manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug.
45-23-7. On and after July 1, 1990, if, prior to an arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, a public employee notifies the employee's public employer that the employee illegally uses a controlled substance, mari juana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by (1) the State Personnel Board in the case of employees in the classified ser vice of the state merit system or (2) the public employer having management and con trol of the employee in the case of other public employees, the public employee shall be entitled to maintain the employee's public employment for up to one year as long as the employee follows the treatment plan. During this period, the public employee shall not be separated from public employment solely on the basis of the employee's drug dependence, but the employee's work activities may be restructured if practicable to protect persons or property. No statement made by an employee to a supervisor of the public employee or other person in order to comply with this Code section shall be admissible in any civil, administrative, or criminal proceeding as evidence against the public employee. The rights granted by this Code section shall be available to a public employee only once during a five-year period and shall not apply to any public employee who has refused to be tested or who has tested positive for a controlled substance, mari juana, or a dangerous drug.
45-23-8. Administrative procedures for the implementation of this chapter shall be promulgated by the State Personnel Board for the classified service of the state merit system and by other public employers for other public employees under their manage ment and control. Such procedures shall include those elements of due process of law required by the Constitution of Georgia and the United States Constitution.
45-23-9. This chapter shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall pre vent any public employer from implementing sanctions additional to or other than those provided for in this chapter with respect to offenses committed prior to July 1, 1990."

2518

JOURNAL OF THE HOUSE,

Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks N Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B
Clark.H Y Clark,L
Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene
Gresham Y Griffin
Groover Hamilton Y Manner

Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston YPoag Y Porter Y Poston Y Powell YBandall Y Ransom YRay Y Reaves Redding Richardson Y Ricketson Robinson Y Royal YSelman Simpson Sinkfield

Y Smith,L Smith,? Smith,T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Streat
Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Walker.L Y Wall Ware Y Watson Y Watte White Wilder Y Williams,B Williams,J Y Yates Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, the following Bills of the Senate were taken up for considera tion and read the third time:

SB 357. By Senator Johnson of the 47th:
A bill to amend an Act placing the sheriff of Hart County upon an annual salary, as amended, so as to change certain provisions relating to the com pensation of the sheriff; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend an Act placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), as amended, so as to change certain provisions relating to the compensation of the sheriff; to provide an effective date; to repeal conflict ing laws; and for other purposes.

WEDNESDAY, MARCH 7, 1990

2519

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), as amended, is amended by striking Sec tion 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. The sheriff shall receive an annual compensation in the same amount as provided for in Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended. There shall also be added to the total compensation of the sheriff as computed under said Arti cle 1 additional compensation in the amount of $3,000.00. Such additional compensation shall not be included or in any manner utilized for the purpose of computing the amount of any cost-of-living increase or longevity increase to which the sheriff may be entitled under said Article 1. Such compensation shall be payable in equal monthly installments from the funds of Hart County."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 358. By Senator Johnson of the 47th:
A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to change certain provisions relating to the com pensation of the tax commissioner; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, so as to change certain provisions relat ing to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, is amended by striking subsection (a) of Section 6 and inserting in its place a new subsection (a) to read as follows:
"(a) The tax commissioner shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the purpose of computing the total annual compensation of the tax commissioner, such compensation shall not include any amounts received by the sheriff as additional compensation pursuant to a local Act enacted by the General Assembly. Such compensation shall be payable in equal monthly installments from the funds of Hart County. This section shall not be con strued to reduce the compensation received by the tax commissioner in office on Janu ary 1, 1990. In the event this section provides for lower compensation for that officer than that officer received on January 1, 1990, such officer shall continue to receive com pensation in the same amount as provided for on January 1, 1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive."

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JOURNAL OF THE HOUSE,

Section 2. This Act shall become effective on July 1, 1990. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 359. By Senator Johnson of the 47th:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the clerk of the superior court and the judge of the Pro bate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"Section 2. The clerk of the superior court shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the pur pose of computing the total annual compensation of the clerk of the superior court, such compensation shall not include any amounts received by the sheriff as additional com pensation pursuant to a local Act enacted by the General Assembly. Such compensation shall be payable in equal monthly installments from the funds of Hart County. This sec tion shall not be construed to reduce the compensation received by the clerk of the superior court in office on January 1, 1990. In the event this section provides for lower compensation for that officer than that officer received on January 1, 1990, such officer shall continue to receive compensation in the same amount as provided for on January 1, 1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive."
Section 2. Said Act is further amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:
"Section 3. The judge of the probate court shall receive annual compensation in the same amount as that provided for the sheriff of Hart County pursuant to Article 1 of Chapter 16 of Title 15 of the O.C.G.A., as amended; provided, however, that for the pur pose of computing the total annual compensation of the judge of the probate court, such compensation shall not include any amounts received by the sheriff as additional com pensation pursuant to a local Act enacted by the General Assembly. Such compensation

WEDNESDAY, MARCH 7, 1990

2521

shall be payable in equal monthly installments from the funds of Hart County. This sec tion shall not be construed to reduce the compensation received by the judge of the pro bate court in office on January 1, 1990. In the event this section provides for lower compensation for that officer than that officer received on January 1, 1990, such officer shall continue to receive compensation in the same amount as provided for on January 1, 1990, and, in addition thereto, shall also receive any increases in such compensation which he would otherwise be entitled to receive."
Section 3. This Act shall become effective on July 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 490. By Senator Foster of the 50th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones and restrictions as to motors to be used on certain lakes, so as to prohibit the operation of certain vessels on Lake Burton, Lake Rabun, and Seed Lake.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B Y Barnett.M Y Bates YBeck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell

Y Carrell
Y Carter Y Chambless
Chance
Y Cheeks Y Childers
Clark.B
Y Clark.H Y Clark,L
Coleman
Y Colwell Connell
Y Couch Y Crawford
Y Crosby Y Cummings,B
Cummings,M
Y Davis.C Y Davis,G Y Davis.M Y Dixon.H Y Dixon,S YDobbs Y Dover YDunn
Edwards Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W

Foster
YGodbee Y Goodwin
Green Y Greene
Gresham Griffin
Y Groover Y Hamilton Y Banner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D

Y Lane,R Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Martin
YMcCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody Y Morion Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham

Y Parrish
Patten Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
YRandaU Y Ransom YRay Y Reaves
Redding
Richardson Y Ricketson Y Robinson Y Royal YSelman
Simpson
Y Sinkfield Y Smith,L Y SmithJP
Smith.T Y Smith,W
Smyre
YSnow Y StanciLF Y Stancil,S Y Stanley YSteele Y Stephens

2522

JOURNAL OF THE HOUSE,

YStreat Teper
YThomas.C
Y Thomas,M Y Thompson

YThurmond Y Titus Y Tolbert
Y Townsend Y Twiggs

Y Vaughan Y Waddle Y Walker.C
Walker.L Y Wall

Ware Y Watson Y Watts
White Y Wilder

Y Williams.B Williams,J
Y Yates
Y Yeargin Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 486 Do Pass
Respectfully submitted, /s/ Lord of the 107th
Chairman

The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto:

HB 1202. By Representatives Benn of the 38th, Martin of the 26th, Randall of the 101st, McKinney of the 40th, Sinkfield of the 37th and others:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy.

The following Senate amendment was read:

Amend HB 1202 by striking from line 20 of page 31 the following: "$10,000.00", and inserting in lieu thereof the following: "$5,000.00".

Representative Benn of the 38th moved that the House agree to the Senate amend ment to HB 1202.
On the motion, the ayes were 105, nays 0.
The motion prevailed.

HB 1753. By Representatives Dover of the llth, McKelvey of the 15th and Martin of the 26th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorse ment to the policy, deductibles optional to the policyholder for benefits pay able under this chapter.

WEDNESDAY, MARCH 7, 1990

2523

The following Senate substitute was read:

A BILL
To amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter; to provide for deductible amounts; to provide for methods of payment of deductibles; to provide for the construction of payment or nonpay ment of deductible amounts under such policies; to provide for the computation of pre mium reductions; to provide exceptions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to insurance of workers' compensation liability generally, is amended by adding immediately following Code Section 34-9-124, relating to the requirement that a policy of workers' compensation insurance contain certain provisions, a new Code Section 34-9-124.1 to read as follows:
"34-9-124.1. (a) Each insurer issuing a policy under this chapter shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. Deductible amounts offered shall be fully disclosed to the prospective policyholder in writing in the amount of $100.00, $200.00, $300.00, $400.00, $500.00, or increments of $500.00 up to a maximum of $2,500.00 per compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount.
(b) If the policyholder exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for benefits paid for each com pensable claim of work injury suffered by an employee. The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or provider entitled to the benefits conferred by this chapter and then seek reimburse ment from the insured employer for the applicable deductible amount. The payment or nonpayment of deductible amounts by the insured employer to the insurer shall be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.
(c) Optional deductibles shall be offered in each policy insuring liability for workers' compensation which is issued, delivered, issued for delivery, or renewed under this chap ter on or after July 1, 1990, unless an insured employer and insurer agree to renegotiate a workers' compensation policy in effect on July 1, 1990, so as to include a provision allowing for a deductible.
(d) Premium reduction for deductibles shall be determined before the application of any experience modification, premium surcharge, or premium discounts. To the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this Code section shall not be included as benefits paid so as to harm the experience rating of such employer.
(e) This Code section shall not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation established pursuant to Article 5 of this chapter."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative McKelvey of the 15th moved that the House agree to the Senate sub stitute to HB 1753.

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 104, nays 0. The motion prevailed.

HR 850. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A resolution authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia.

The following Senate amendment was read:

Amend HR 850 as follows:
(A) By inserting at line 5 page 1 in place of "State of Ga." the words "Ga. Dept. of Transportation".
(B) Inserting at line 5 page 2 in place of "State of Ga." the words "Ga. Dept. of Trans portation". At line 6, page 2 inserting after the word property, the words "and such property has been determined to be surplus" instead of the present lines 6-9 after the word "property" on line 6.
(C) Inserting after the word "to" on line 11, page 2 the words "The Cherokee Chamber of Commerce" in place of line 12. Replace on line 13, page 2, the words "State of Ga." with the words "Ga. Dept. of Transportation". Replace the words the "St. Prop erties Commission" on lines 13, 14 of page 2 with the words "its Commissioner". Delete all words on lines 15 and 16 page 2 after the word "consideration" on line 15 page 2.
(D) Replace the words "Executive Director of the State Properties Commission for his approval" on lines 19-20 page 2, with the words "Georgia Dept. of Transportation for its approval".

Representative Stancil of the 66th moved that the House agree to the Senate amend ment to HR 850.
On the motion, the ayes were 105, nays 1.
The motion prevailed.

HB 1640.

By Representative Mangum of the 57th:
A bill to amend Code Section 20-2-833 of the Official Code of Georgia Anno tated, relating to additional payments to certain supervisors of student teach ers, so as to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional payments to supervisors of student teachers.

The following Senate substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize local units of administra tion to provide alternative programs beyond the regular daytime educational program; to provide for matters relative thereto; to change the manner of computing the full-time equivalent count for the allotment of certain funds; to change the manner of calculating the equalization grant; to change the provisions relative to definitions; to provide for

WEDNESDAY, MARCH 7, 1990

2525

teacher support specialists; to change the provisions relative to the amount of additional payments to supervisors of student teachers; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety sub section (a) of Code Section 20-2-150, relating to eligibility for enrollment in the public schools, and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; pro vided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by Sep tember 1 or received high school diplomas or the equivalent shall be eligible for enroll ment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after drop ping out one quarter or more to programs of instruction within its regular daytime edu cational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruc tion are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibil ity of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual."
Section 2. Said chapter is further amended by striking subsection (e) of Code Sec tion 20-2-160, relating to determination of enrollment by instructional programs, and inserting in its place the following:
"(e) After such time as the student information portion of the state-wide comprehen sive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the third full-time equivalent count for the current fis cal year can be completed prior to April 1 of the current year, the T-he average of the local school system's three full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the Gen eral Assembly for this purpose. Prior to the completion of the student information com ponent of said information network, and prior to such time as the third full-time equivalent count for the current fiscal year can be completed prior to April 1 of the cur rent year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average of the local system's first two full-time equiva lent program counts and the projected third full-time equivalent program count for the current fiscal year."

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JOURNAL OF THE HOUSE,

Section 3. Said chapter is further amended by striking subsection (a) of Code Sec tion 20-2-162, relating to annual recalculation of amount of funding, and inserting in its place the following:
"(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first two full-time equivalent counts and the projected third full-time equivalent count for the current fiscal year; provided, however, that after such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the third full-time equivalent count for the current fis cal year can be completed prior to April 1 of the current year, then if the third full-time equivalent count for the current fiscal year is lower than the projected third count, the midterm adjustment shall be calculated using the average of the three actual full-time equivalent counts for the current fiscal year. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in para graph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the fulltime equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment."
Section 4. Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 20-2-165, relating to annual calculation and allocation of equalization grants, and inserting in its place the following:
"(3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective millage rate for the local school system and use the resulting number of effective mills or three 3.25 effective mills, whichever is less, as the number of effective mills to be equalized;"
Section 5. Said chapter is further amended by striking in its entirety Code Section 20-2-833, relating to additional payments to certain supervisors of student teachers, and substituting in lieu thereof a new Code Section 20-2-833 to read as follows:
"20-2-833. (a) As used in this Code section, the term: (1) 'Student teaching' means the full-time component of a teacher education pro
gram in which a student preparing for the education profession is jointly assigned by a teacher education institution and a school system, state operated school, or school operated by the United States Department of Defense on a military reservation for classroom experience and which is designated in a teacher education program approved by the Department of Education as student teaching or internship.
(2) 'Supervising teacher' means a public schoolteacher who is employed by a local board of education2 state operated school, or school operated by the United States

WEDNESDAY, MARCH 7, 1990

2527

Department of Defense on a military reservation and who is designated to provide professional supervisory services in the supervision of a specific student teacher.
(3) 'Supervising teacher services certificate' or 'teacher support specialist certifi cate' means the a supplementary certificate available from the Department of Educa tion to persons who have completed a supervising teacher services or teacher support specialist program approved by the Department of Education. (b) The Department of Education and the Georgia Association ef Colleges ef Teacher Education shall jointly establish minimum requirements to be met by each supervising teacher or teacher support specialist. (c) The Department of Education shall make payments to supervising teachers or teacher support specialists for each quarter or semester in which supervising teacher ser vices are provided by such personnel as follows:
(1) A teacher who meets the minimum requirements established pursuant to sub section (b) of this Code section and holds a valid supervising teacher services or teacher support specialist certificate shall receive $13&r66 $750.00 for each such quar ter or semester; and
(2) A teacher who meets the minimum requirements established pursuant to sub section (b) of this Code section but does not hold a valid supervising teacher services or teacher support specialist certificate shall receive $50.00 for each such quarter or semester. (d) Payments made under this Code section shall be in addition to and not in lieu of any compensation otherwise payable to supervising teachers or teacher support spe cialists. Such payments shall be made from funds appropriated or otherwise available to the Department of Education. In the event that in any fiscal year sufficient funds are not appropriated or available to make the full amount of all payments provided for in this Code section, the payment to each supervising teacher or teacher support specialist shall be reduced pro rata."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1640.
On the motion, the ayes were 102, nays 0.
The motion prevailed.

HB 1790. By Representatives Lord of the 107th, Edwards of the 112th and Bargeron of the 108th:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Anno tated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties.

The following Senate amendment was read:

Amend HB 1790 by striking subsection (g) lines 29 through 32, page 27.

Representative Lord of the 107th moved that the House agree to the Senate amend ment to HB 1790.
On the motion, the ayes were 104, nays 0.
The motion prevailed.

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JOURNAL OF THE HOUSE,

HB 770. By Representatives Robinson of the 96th, Connell of the 87th, Pinkston of the 100th, Lee of the 72nd, Buck of the 95th and others:
A bill to amend Chapter 13 of Title 48 of the Official Code of Georgia Anno tated, relating to specific business and occupation taxes, so as to change pro visions relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, and accommodations; to change the rate at which such tax may be levied by counties and municipalities after a certain time.

The following Senate amendment was read:

Amend HB 770 by striking on line 8 of page 1 the word "voluntary".
By striking on lines 32 through 34 of page 14 the following:
"those purposes for which other money collected from the tax authorized by this arti cle may be expended",
and inserting in lieu thereof the following:
"development, promotion, and advertising of the lodge from which the money was col lected and remitted or of similar facilities operated under the jurisdiction of the Depart ment of Natural Resources".

Representative Dover of the llth moved that the House agree to the Senate amend ment to HB 770.
On the motion, the ayes were 106, nays 1.
The motion prevailed.

The following Resolution of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SR 54. By Senator Kidd of the 25th:
A resolution authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to pro vide an effective date.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 54

The Committee of Conference on SR 54 recommends that the House of Representa tives recede from its position and that SR 54 as it passed the Senate be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Culver Kidd

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bobby E. Parham

/s/ Frank Albert

/s/ Coiwell

/s/ Gene Walker

/s/ Watts

WEDNESDAY, MARCH 7, 1990

2529

Representative Colwell of the 4th moved that the House adopt the report of the Com mittee of Conference on SR 54.
On the motion, the ayes were 99, nays 0.
The motion prevailed.

Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 551 Do Pass, by Substitute
Respectfully submitted, M Thomas of the 69th
Chairman

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:

HB 1629.

By Representatives Watts of the 41st, McKelvey of the 15th, Twiggs of the 4th, Moody of the 153rd, Redding of the 50th and others:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to game and fish licenses, permits, and stamps generally, so as to change the record requirements of a licensed taxidermist; to provide for resident and nonresident taxidermist licenses and license fees.

The following Senate substitute was read:

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the record requirements of a licensed taxidermist; to provide for resi dent and nonresident taxidermist licenses and license fees; to provide for a blanket com mercial shooting preserve license; to authorize commercial hunting preserves to purchase blanket commercial hunting preserve licenses and to authorize persons to hunt game birds without possessing hunting licenses while on a commercial hunting preserve which pos sesses a valid blanket commercial hunting preserve license; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsections (b) and (f) of Code Section 27-2-9, relating to tax idermist licenses and required practices, and inserting in their respective places new sub sections (b) and (f) to read as follows:
"(b) Any wildlife at the business premises of a taxidermist must have a tag attached witn tne owner s name and address ^witn verification ot tnc same Dy means ot valid identification), th date such wildlife was killed, and the date such wildlife was received. displaying a number that can be cross-referenced with the same number in the written records that are required in paragraph (f) of this Code section. Any wildlife transferred to another taxidermist must have an additional tag attached showing the name, address,

2530

JOURNAL OF THE HOUSE,

and telephone number of the taxidermist which has the original written record needed for cross-referencing to the numbered tag. Such tag tags may be removed as necessary during mounting but must otherwise remain on the wildlife until final disposition.
(f) It shall be unlawful for any taxidermist to fail to keep at his business premises a written record of all wildlife received by him, which record shall show the name and address of the owner, the date such wildlife was killed, the number and species of such wildlife, and the date received. One complete license year ef records shall be kept at the business premises. Each taxidermist shall keep such records at his business premises until he has disposed of the specimen to which the records refer."

Section 2. Said title is further amended by striking subparagraphs (I) through (U)

of paragraph (7) of Code Section 27-2-23, relating to licenses, permits, and stamp fees,

which read as follows:

"(I) Commercial

fish hatchery

license

Annual

50.00

(J) Catch-out pond license

Annual

200.00

(K) Soft-shell crab dealer license

Annual

10.00

(L) Taxidermist license

Annual

10.00

(M) Falconry permit

Annual

5.00

(N) Shellfish dredging permit

Annual

1.00

(0) Commercial alligator farming license

Annual

25.00

(P) Wild animal license

Annual

200.00

(Q) Wild animal auction license

Seven-day

5,000.00

(R) Resident
bait dealer
license

Season

25.00

(S) Nonresident
bait dealer
license

Season

150.00

(T) Resident sport bait shrimping license

Season

5.00

WEDNESDAY, MARCH 7, 1990

2531

(U) Nonresident sport bait shrimping license

Season

75.00",

and inserting in their places new subparagraphs (I) through (W) to read as follows:

"(I) Blanket commercial shooting preserve license

Annual

500.00

(J) Commercial fish hatchery license

Annual

50.00

(K) Catch-out pond license

Annual

200.00

(L) Soft-shell crab dealer license

Annual

10.00

(M) Resident taxidermist license

Three-year

150.00

(N) Nonresident taxidermist license

Three-year

500.00

(O) Falconry permit

Annual

5.00

(P) Shellfish dredging permit

Annual

1.00

(Q) Commercial alligator farming license

Annual

25.00

(R) Wild animal license

Annual

200.00

(S) Wild animal auction license

Seven-day

5,000.00

(T) Resident bait dealer license

Season

25.00

(U) Nonresident bait dealer license

Season

150.00

(V) Resident sport bait shrimping license

Season

5.00

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JOURNAL OF THE HOUSE,

(W) Nonresident sport bait shrimping license

Season

75.00"

Section 3. Said title is further amended by striking subsection (a) of Code Section 27-3-110, relating to shooting preserve license requirements, and inserting in its place a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person to release pen raised game birds unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year."

Section 4. Said title is further amended by striking Code Section 27-3-114, relating to laws and regulations applicable to shooting preserves and requirements as to hunting licenses, and inserting in its place a new Code Section 27-3-114 to read as follows:
"27-3-114. Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any nonresident to hunt on such a preserve with a nonresident shooting preserve hunting license as provided in Code Section 27-2-23] provided, further, that it shall be lawful for any person to hunt game birds without a hunting license on a shooting preserve which possesses a valid blanket shoot ing preserve license as provided in Code Section 27-2-23."

Section 5. This Act shall become effective on April 1, 1991.

Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Watts of the 41st moved that the House agree to the Senate substitute to HB 1629.
On the motion, the ayes were 102, nays 0.
The motion prevailed.

HB 1567. By Representatives Baker of the 51st, Oliver of the 53rd, Teper of the 46th and Alford of the 57th:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Anno tated, relating to ordinances for governing and policing of the unincorporated areas of a county, so as to increase the fines for certain ordinance violations.

The following Senate amendment was read:

Amend HB 1567 by striking lines 15 and 16 of page 2 and inserting in lieu thereof the following:
"Water Act the ordinance may specify that the fine may be ug to $1,000.00 per day for each violation by an".

Representative Baker of the 51st moved that the House agree to the Senate amend ment to HB 1567.
On the motion, the ayes were 109, nays 1.
The motion prevailed.

WEDNESDAY, MARCH 7, 1990

2533

HB 1568.

By Representatives Barnett of the 59th, Barnett of the 10th, Harris of the 84th, Holcomb of the 72nd, Parrish of the 109th and others:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, known as the "Used Car Dealers' Registration Act," so as to change the definition of a used car dealer.

The following Senate substitute was read:

A BILL
To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," so as to change the definition of a used car dealer; to provide for registration of motor vehicle brokers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the "Used Car Dealers' Registration Act," is amended by striking subparagraph (A) of paragraph (6) of Code Section 43-47-2, relating to the definition of a used car dealer, in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) 'Used motor vehicle dealer' or 'used car dealer' means any person who, for com mission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle broker who, for commission or with intent to make a profit or gain of money or other thing of value, negotiates or attempts to negoti ate the sale of a motor vehicle on behalf of another shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any person who knowingly allows the display of five or more used motor vehicles on his or her real prop erty within a 12 month period by other persons for the purpose of offering such used motor vehicles for sale, with intent to make a profit or gain of money or other thing of value, shall be deemed a motor vehicle broker for the purposes of this chapter. Any independent motor vehicle leasing agency which sells or offers for sale used motor vehi cles shall be deemed to be a used motor vehicle dealer or a used car dealer for the pur poses of this chapter. Any motor vehicle auction company selling or offering for sale used motor vehicles to franchised or independent motor vehicle dealers or to individual consumers shall be deemed to be used motor vehicle dealers or used car dealers for the purposes of this chapter. The sale of five or more used motor vehicles in any one calen dar year shall be prima-facie evidence that a person is engaged in the business of selling used motor vehicles. The term 'motor vehicle broker' shall not mean any person engaged in the solicitation, negotiation, or advertising of the sales of used motor vehicles, if the sales of such used motor vehicles are made by used car dealers or financial institutions, and shall not mean any owner of real property who allows the display of used motor vehicles on his or her property, if the sales of such used motor vehicles are made by used car dealers or financial institutions.
(i) 'Retail used motor vehicle dealer' or 'retail used car dealer' means any used motor vehicle dealer who is engaged in the business of selling used motor vehicles to consumers and other licensed dealers.
(ii) 'Wholesale used motor vehicle dealer' or 'wholesale used car dealer' means any used motor vehicle dealer who is engaged in the business of selling used motor vehi cles solely to other licensed dealers."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnett of the 59th moved that the House agree to the Senate substi tute to HB 1568.

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 110, nays 0. The motion prevailed.

HB 1520. By Representatives Murphy of the 18th, Mangum of the 57th and Hamilton of the 124th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Administrative Procedure Act," so as to pro vide expressly that the Board of Regents of the University System of Georgia and the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a cer tain period of time rules previously adopted by the State Board of Education and Department of Education and the Board of Regents of the University System of Georgia.

The following Senate substitute was read:

A BILL
To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," so as to provide expressly that the State Board of Education and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education; to require rules of the State Board of Education and Department of Education to comply with the Act by Janu ary 1, 1991; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Administrative Procedure Act," is amended by striking paragraph (1) of Code Section 50-13-2, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine con tested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic bever ages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Depart ment of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January L. 1990, are ratified and validated and shall be effective until January L, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and
(B) Effective January 1^ 1991, any rule of the State Board of Education or Depart ment of Education which has not been proposed, submitted, and adopted in accord ance with the requirements of this chapter shall be void and of no effect."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act are intended as

WEDNESDAY, MARCH 7, 1990

2535

curative and are intended to operate retrospectively except to the extent that such retro spective operation is expressly prohibited by the Constitution of Georgia or the United States Constitution; provided, however, that this Act shall not have retrospective operation with regard to any individual cause of action pending in the courts of this state as of Janu ary 1, 1990.
Section 3. In the event any section, subsection, paragraph, subparagraph, item, sen tence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconsti tutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portions so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such portions hereof would be declared or adjudged invalid or unconstitutional.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Mangum of the 57th moved that the House agree to the Senate substi tute to HB 1520.
On the motion, the ayes were 107, nays 0.
The motion prevailed.

HB 1137. By Representative Richardson of the 52nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of continuing care providers and facilities; to provide for exemptions; to pro hibit continuing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department.

The following Senate substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of continuing care providers and facilities; to provide for exemptions; to prohibit continuing care providers from trans acting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department; to provide conditions for the approval or renewal of certificates of authority for providing continuing care or issuing continuing care agree ments; to provide for surety bonds; to provide for annual statements; to provide for con tinuing care agreements; to provide for rescission of continuing care agreements and for deposit of funds; to require notices and the keeping of certain laws and statements for public inspection; to provide for conditions prior to transfer of money or property to a continuing care provider; to provide for cancellation of agreements and for refunds; to pro hibit certain waivers; to provide for certain disclosures; to provide for criminal penalties and injunctive relief; to prohibit abatement of certain actions; to provide for damages and attorney's fees; to subject new, amended, or renewal agreements to regulation; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 45
33-45-1. As used in this chapter, the term:

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JOURNAL OF THE HOUSE,

(1) 'Continuing care' or 'care' means furnishing pursuant to an agreement shelter, food, and either nursing care or personal services, whether such nursing care or per sonal services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affin ity to the provider furnishing such care upon payment of an entrance fee. Other per sonal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party.
(2) 'Entrance fee* means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident a place in a facility. An accommodation fee, admission fee, or other fee of similar form and application shall be considered to be an entrance fee.
(3) 'Facility' means a place in which it is undertaken to provide continuing care. (4) 'Licensed' means that the provider has obtained a certificate of authority from the department. (5) 'Personal services' means, but is not limited to, such services as: individual assistance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. 'Personal services' shall not be construed to mean the provision of medical, nursing, dental, or mental health services by the staff of a facility. (6) 'Provider' means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump sum or lump sum and monthly maintenance charges or in installments. (7) 'Resident' means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement may not be construed to give the resident a part ownership of the facility in which the resident is to reside unless expressly provided for in the agreement. 33-45-2. Except as provided in this chapter, providers of continuing care facilities shall be governed by the provisions of this chapter and shall be exempt from all other provisions of this title. 33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of contin uing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the State Health Planning Agency, or any other regu latory body exercising authority over continuing care providers. 33-45-4. The administration of this chapter is vested in the department, which shall:
(1) Prepare and furnish all forms necessary under the provisions of this chapter;
(2) Collect in advance, and the applicant shall pay in advance, the following fees:
(A) At the time of filing an application for a certificate of authority, an applica tion fee in the amount of $75.00 for each facility;
(B) At the time of renewal of a certificate of authority, a renewal fee in the amount of $75.00 for each year or part thereof for each facility where continuing care is provided; and
(C) A late fee in an amount equal to 50 percent of the renewal fee in effect on the last preceding regular renewal date. In addition to any other penalty that may be provided for under this chapter, the department may levy a fine not to exceed $50.00 a day for each day of noncompliance;
(3) Adopt rules, within the standards of this chapter, necessary to effect the pur poses of this chapter. Specific provisions in this chapter relating to any subject shall

WEDNESDAY, MARCH 7, 1990

2537

not preclude the department from adopting rules concerning such subject if such rules are within the standards and purposes of this chapter;
(4) Adopt rules, within the standards of this chapter, to set a bond conditioned upon compliance with the provisions of this chapter. The amount of the bond shall be not less than $10,000.00. The rules adopted by the department shall provide for consideration of the obligations, financial condition, amounts of debt, service provi sions, and such other features as deemed pertinent and applicable to the determina tion of a sufficient bond amount.
(5) Impose administrative fines and penalties pursuant to this chapter. 33-45-5. No person may engage in the business of providing continuing care or issu ing continuing care agreements in this state without a certificate of authority therefor obtained from the department as provided in this chapter. The application for approval or renewal of a certificate of authority shall be on such forms as provided by the depart ment. The department shall issue such certificate of authority if the applicant pays the required fees and the continuing care agreement for the applicant meets the require ments of Code Section 33-45-7. The department shall renew a certificate of authority if the provider pays the required fees and furnishes the annual statements required by Code Section 33-45-6 and is otherwise not in violation of this chapter. 33-45-6. (a) Annually, on or before May 1, the provider shall file an annual state ment and such other information and data showing its condition as of the last day of the preceding calendar year or fiscal year of the provider. If the department does not receive the required information on or before May 1 or within 120 days after the last day of the fiscal year of the provider, a late fee may be charged pursuant to Code Sec tion 33-45-4. The department may approve an extension of up to 30 days. (b) The annual statement shall be in such form as the department prescribes and shall contain at least the following:
(1) Financial statements audited by an independent certified public accountant, which shall contain, for two or more fiscal years if the facility has been in existence that long, the following:
(A) An accountant's opinion and, in accordance with generally accepted account ing principles:
(i) A balance sheet; (ii) A statement of income and expenses; (iii) A statement of equity or fund balances; and (iv) A statement of changes in financial position; and (B) Notes to the financial statements considered customary or necessary for full disclosure or adequate understanding of the financial statements, financial condi tion, and operation;
(2) The following financial information:
(A) A schedule giving additional information relating to property, plant, and equipment having an original cost of at least $25,000.00 so as to show in reasonable detail with respect to each separate facility original costs, accumulated depreciation, net book value, appraised value or insurable value and date thereof, insurance cov erage, encumbrances, and net equity of appraised or insured value over encum brances. Any property not used in continuing care shall be shown separately from property used in continuing care;
(B) The level of participation in medicare or Medicaid programs, or both;
(C) A statement of all fees required of residents including, but not limited to, a statement of the entrance fee charged, the monthly service charges, the proposed application of the proceeds of the entrance fee by the provider, and the plan by which the amount of the entrance fee is determined if the entrance fee is not the same in all cases; and
(D) Any change or increase in fees when the provider changes either the scope of, or the rates for, care or services, regardless of whether the change involves the basic rate or only those services available at additional costs to the resident; and
(3) If the provider is an individual, the annual statement shall be sworn to by the individual; if a limited partnership, by the general partner; if a partnership other than

2538

JOURNAL OF THE HOUSE,

a limited partnership, by all the partners; if any other unincorporated association, by all its members or officers and directors; if a trust, by all its trustees and officers; and, if a corporation, by the president and secretary thereof. 33-45-7. (a) In addition to other provisions considered proper to effectuate any con tinuing care agreement, addendum, or amendment each such agreement, addendum, or amendment shall be in writing and shall:
(1) Provide for the continuing care of only one resident, or for two persons occupy ing space designed for double occupancy under appropriate regulations established by the provider, and shall list all properties transferred and their market value at the time of transfer, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the resident or residents;
(2) Specify all services which are to be provided by the provider to each resident, including, in detail, all items which each resident will receive, whether the items will be provided for a designated time period or for life, and whether the services will be available on the premises or at another specified location. The provider shall indicate which services or items are included in the agreement for continuing care and which services or items are made available at or by the facility at extra charge. Such items shall include, but are not limited to, food, shelter, personal services or nursing care, drugs, burial, and incidentals;
(3) Describe the terms and conditions under which an agreement for continuing care may be canceled by the provider or by a resident and the conditions, if any, under which all or any portion of the entrance fee will be refunded in the event of cancellation of the agreement by the provider or by the resident, including the effect of any change in the health or financial condition of a person between the date of entering an agreement for continuing care and the date of initial occupancy of a living unit by that person;
(4) Describe the health and financial conditions required for a person to be accepted as a resident and to continue as a resident, once accepted, including the effect of any change in the health or financial condition of a person between the date of entering into a continuing care agreement and the date of taking occupancy in a living unit;
(5) Describe the circumstances under which the resident will be permitted to remain in the facility in the event of financial difficulties of the resident;
(6) State the fees that will be charged if the resident marries while at the desig nated facility, the terms concerning the entry of a spouse to the facility, and the con sequences if the spouse does not meet the requirements for entry;
(7) State whether the funds or property transferred for the care of the resident is:
(A) Nonrefundable, in which event the agreement shall comply with this subparagraph. Such agreement shall allow a 90 day trial period of residency in the facility during which time the provider, resident, or person who provided the transfer of funds or property for the care of such resident may cancel the agreement after writ ten notice. A refund must be made of such funds, property, or both within 120 days after the receipt of such notice and shall be calculated on a pro rata basis with the provider retaining no more than 10 percent of the amount of the entry fee. Notwith standing the provisions of this subparagraph, the provisions of paragraph (8) of this subsection, and the provisions of subsections (b) and (e) of this Code section shall apply to nonrefundable agreements; or
(B) Refundable, in which event the agreement shall comply with this subpara graph. Such agreement may be canceled upon the giving of written notice of cancel lation of at least 30 days by the provider, the resident, or the person who provided the transfer of property or funds for the care of such resident; provided, however, if an agreement is canceled because there has been a good faith determination that a resident is a danger to that resident or to others, only such notice as is reasonable under the circumstances shall be required. The agreement shall further provide in clear and understandable language, in print no smaller than the largest type used in the body of the agreement, the terms governing the refund of any portion of the entrance fee, which terms shall include a provision that all refunds be made within

WEDNESDAY, MARCH 7, 1990

2539

120 days of notification. For a resident whose agreement with the facility provides that the resident does not receive a transferable membership or ownership right in the facility and who has occupied his unit, the refund shall be calculated on a pro rata basis with the facility retaining no more than 2 percent per month of occu pancy by the resident and no more than a 4 percent fee for processing. Such refund shall be paid no later than 120 days after the giving of notice of intention to cancel. Alternatively, if the contract provides for the facility to retain no more than 1 per cent per month of occupancy by the resident, it may provide that such refund will be payable upon receipt by the provider of the next entrance fee for any comparable unit upon which there is no prior claim by any resident. Unless the provisions of subsection (e) of this Code section apply, for any prospective resident, regardless of whether or not such a resident receives a transferable membership or ownership right in the facility, who cancels the agreement prior to occupancy of the unit the refund shall be the entire amount paid toward the entrance fee, less a processing
fee not to exceed 4 percent of the entire entrance fee, but in no event shall such processing fee exceed the amount paid by the prospective resident. Such refund
shall be paid no later than 60 days after the giving of notice of intention to cancel. For a resident who has occupied his unit and who has received a transferable mem
bership or ownership right in the facility, the foregoing refund provisions shall not apply but shall be deemed satisfied by the acquisition or receipt of a transferable membership or an ownership right in the facility. The provider shall not charge any fee for the transfer of membership or sale of an ownership right;
(8) State the terms under which an agreement is canceled by the death of the resi dent. These terms may contain a provision that, upon the death of a resident, the
entrance fee of such resident shall be considered earned and shall become the prop erty of the provider. When the unit is shared, the conditions with respect to the effect
of the death or removal of one of the residents shall be included in the agreement; (9) Describe the policies which may lead to changes in monthly recurring and non
recurring charges or fees for goods and services received. The agreement shall provide for advance notice to the resident, of not less than 60 days, before any change in fees
or charges or the scope of care or services may be effective, except for changes required by state or federal assistance programs;
(10) Provide that charges for care paid in one lump sum shall not be increased or changed during the duration of the agreed upon care, except for changes required by
state or federal assistance programs; (11) Specify whether or not the facility is, or is affiliated with, a religious, non
profit, or proprietary organization or management entity, the extent to which the affil iate organization will be responsible for the financial and contractual obligations of the provider, and the provisions of the federal Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of federal income tax; and
(12) Describe the policy of the provider regarding reserve funding. (b) A resident has the right to rescind a continuing care agreement, without penalty
or forfeiture, within seven days after executing the agreement. During the seven-day period, the resident's funds shall be retained in a separate escrow account under terms
approved by the department. A resident shall not be required to move into the facility designated in the agreement before the expiration of the seven-day period.
(c) The agreement shall include or shall be accompanied by a statement, printed in boldface type, which reads: 'This, facility and all other continuing care facilities in this
state are regulated by Chapter 45 of Title 33 of the Official Code of Georgia Annotated. A copy of the law is on file in this facility. The law gives you or your legal representative
the right to inspect our most recent annual statement before signing the agreement.' (d) Before the transfer of any money or other property, other than an application
fee which shall not exceed $1,500.00, to a provider by or on behalf of a prospective resi dent, the provider shall present a typewritten or printed copy of the agreement to the
prospective resident and all other parties to the agreement. The provider shall secure a signed, dated statement from each party to the contract certifying that a copy of the
agreement with the specified attachment as required pursuant to this chapter was received.

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JOURNAL OF THE HOUSE,

(e) If a resident dies before occupying the facility or, through illness, injury, or inca pacity, is precluded from becoming a resident under the terms of the continuing care agreement, the agreement is automatically canceled, and the resident or his legal repre sentative shall receive a full refund of all moneys paid to the facility, except those costs specifically incurred by the facility at the request of the resident and set forth in writing in a separate addendum, signed by both parties, to the agreement.
(f) In order to comply with this Code section, a provider may furnish information not contained in the continuing care agreement through an addendum.
33-45-8. No act, agreement, or statement of any resident, or of an individual pur chasing care for a resident, under any agreement to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or pro tection of the resident or the individual purchasing care for the resident.
33-45-9. (a) Each facility shall maintain as public information, available upon request, all annual statements that have been filed with the department.
(b) Each facility shall post in a prominent position in the facility so as to be accessi ble to all residents and to the general public a summary of the latest annual statement, indicating in the summary where the full annual statement may be inspected in the facility. A listing of any proposed changes in policies, programs, and services shall also be posted.
(c) Before entering into an agreement to furnish continuing care, the provider under taking to furnish the care, or the agent of the provider, shall make full disclosure and provide copies to the prospective resident, or his legal representative, of the agreement to furnish continuing care.
33-45-10. (a) Any person who knowingly maintains, enters into, performs, or, as manager or officer or in any other administrative capacity, assists in entering into, main taining, or performing any continuing care agreement subject to this chapter without a valid certificate of authority or renewal thereof, as contemplated by or provided in this chapter, or who otherwise violates any provision of this chapter, is guilty of a misde meanor. Each violation of this chapter constitutes a separate offense.
(b) The department may bring an action to enjoin a violation, threatened violation, or continued violation of this chapter in the superior court of the county in which the violation occurred, is occurring, or is about to occur.
(c) Any action brought by the department against a provider shall not abate by rea son of a sale or other transfer of ownership of the facility used to provide care, which provider is a party to the action, except with the express written consent of the Commis sioner of Insurance.
33-45-11. Any resident injured by a violation of this chapter may bring an action for the recovery of damages plus reasonable attorney's fees.
33-45-12. Any contract or agreement for continuing care executed before July 1, 1991, which is amended or renewed subsequent to July 1, 1991, and any contract or agreement for continuing care executed on or after July 1, 1991, is subject to this chap ter."
Section 2. This Act shall become effective on January 1, 1991, only for purposes of promulgating rules and forms required thereby. For all other purposes, this Act shall become effective July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Richardson of the 52nd moved that the House agree to the Senate sub stitute to HB 1137.
On the motion, the ayes were 109, nays 3.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

WEDNESDAY, MARCH 7, 1990

2541

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1427.

By Representatives Richardson of the 52nd, Thomas of the 31st, Sinkfield of the 37th, Davis of the 29th, Williams of the 48th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual and group accident and sickness insurance coverage of mammograms and Pap smears.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1298.

By Representative Smith of the 78th:
A bill to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers.

The following Senate amendment was read:

Amend HB 1298 by adding a new Section 8 to read as follows:
Article 1 of Chapter 13 of Title 48 subsection (a) of Code Section 48-13-5 is amended by adding the following:
"For the purpose of this subsection only, marriage and family therapists shall include social workers and professional counselors".

Representative Smith of the 78th moved that the House agree to the Senate amend ment to HB 1298.
On the motion, the ayes were 98, nays 0.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1412.

By Representative Redding of the 50th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife generally, so as to pro vide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1412

The Committee of Conference on HB 1412 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1412 be adopted.
Respectfully submitted,

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FOR THE SENATE:
/s/ ESdenPateorrr,y7th District
Is/ Earl Echols, Jr. Senator, 6th District
/s/ Hugh Gillis Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ ^ank Redding Representative, 50th District
/s/ Ralph j Balkcom Representative, 140th District
/s/ Lundsford Moody Representative, 153rd District

A BILL
To amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, is amended by striking paragraph (3) of said Code section and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of .44 caliber or larger, and rifles using any center-fire cartridge .22 caliber or larger; pro vided, however, that a .218 Bee; .22 Hornet; .25-20; .256 Magnum; guns using .30 caliber army carbine cartridges; .32-20; .32-40; .357 Magnum; .38 Special; .38-40; and .44-40 shall not be used; provided, further, that firearms for hunting feral hogs, other than those weapons specified in this subsection paragraph, may be authorized by rule or regulation of the board. Handguns with a barrel length of & 5.5 inches or more, adjustable sights, and capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting game animals. Bullets used in all rifles and handguns must be of the expanding type. It shall be unlawful for any person, when hunting with four or more other hunters, to use a handgun or rifle while hunting deer with dogs;".
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Redding of the 50th moved that the House adopt the report of the Committee of Conference on HB 1412.
On the motion, the ayes were 101, nays 1.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

HB 1350. By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Anno tated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.

The following Senate substitute was read:

WEDNESDAY, MARCH 7, 1990

2543

A BILL
To amend Code Section 17-6-71 of the Official Code of Georgia Annotated, relating to execution hearings on the failure of principals to appear, so as to change the time limits within which an execution hearing shall be held; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-71 of the Official Code of Georgia Annotated, relating to execution hearings on the failure of principals to appear, is amended by striking subsec tion (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, order an execution hearing not sooner than 76 90 days but not later than 100 150 days after such failure to appear. Notice of the execution hearing shall be served by certified mail to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its desig nated registered agent."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Randall of the 101st moved that the House disagree to the Senate sub stitute to HB 1350.
The motion prevailed.

HB 164. By Representatives Crawford of the 5th, Walker of the 115th, Dover of the llth, Long of the 142nd, Coleman of the 118th and Bostick of the 138th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and controlled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide that no provision of this Act shall in any manner provide any immunity for a dealer from criminal prosecution.

The following Senate amendment was read:

Amend HB 164 by striking on page 3 line 14 the word dealers and inserting in lieu thereof the word "person's".

Representative Crawford of the 5th moved that the House agree to the Senate amend ment to HB 164.
On the motion, the ayes were 102, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House amendment thereto:

SB 595. By Senator Brannon of the 51st:
A bill to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as "The Georgia Coroner's Training Council Act," so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council.

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The following Senate amendment was read:

Amend the House amendment to SB 595 by striking from line 32 of page 2 the follow ing:
"1990",
and inserting in lieu thereof the following: "1991".

Representative Crawford of the 5th moved that the House agree to the Senate amend ment to the House amendment to SB 595.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 442. By Representative Porter of the 119th: A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.
Representative Porter of the 119th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 442 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Porter of the 119th, Crosby of the 150th and Dover of the llth.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HR 812. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th:
A resolution designating the "Plantation Parkway".
The following Senate substitute was read:
A RESOLUTION
Designating the "Plantation Parkway"; designating the General Robert L. Scott High way; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 7, 1990

2545

WHEREAS, that section of South Georgia traversed hy U.S. Highway 319 rivals any location in the country in the natural beauty of its flora, fauna, and geographic features; and
WHEREAS, the scenery along that section of highway is enjoyed annually by tens of thousands of motorists, both local residents and tourists; and
WHEREAS, the majority of the lands bordering the highway have historically been known as "plantations"; and
WHEREAS, the citizens of Thomas County and Grady County, naturally proud of their area of the state and its history, are desirous of designating that section of U.S. Highway 319 as the "Plantation Parkway"; and
WHEREAS, retired Brig. Gen. Robert Lee Scott, Jr., who fought with the "Flying Tigers" in China during World War II and who wrote God Is My Co-Pilot, is a resident of middle Georgia; and
WHEREAS, General Scott is a graduate of Lanier High School in Macon, Georgia, and of the United States Military Academy in West Point, New York; and
WHEREAS, General Scott became first commander of the 23rd Fighter Group on July 4, 1942, when the "Flying Tigers" were disbanded and as a flying ace was awarded five Air Medals, two Silver Stars, and three Distinguished Flying Crosses; and
WHEREAS, following World War II, he went to Washington to lobby for the creation of the Air Force as a separate branch of the military; and
WHEREAS, General Scott has served as commanding officer of Williams Air Force Base, the 36th Fighter-Bomber Wing at Furstenfeldbruck, Germany, and Luke Air Force Base in Phoenix, Arizona; and
WHEREAS, in September, 1986, he assumed duties as chairman of the Heritage of Eagles Campaign, Museum of Aviation at Robins Air Force Base and was instrumental in having the Georgia Aviation Hall of Fame created; and
WHEREAS, it is only fitting and proper that General Scott be honored for his out standing service to his country and his many contributions to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the portion of U.S. Highway 319 between the southernmost city lim its of the City of Thomasville, Georgia, and the Florida state line is designated as the "Plantation Parkway."
Section 2. That the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway.
Section 3. That the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation.
Section 4. That the Secretary of the Senate and the Clerk of the House of Represen tatives are authorized and directed to transmit appropriate copies of this resolution to the governing authorities of Thomas County and Grady County.
ARTICLE 2
Section 1. That State Highway 247 between the intersection of said highway and State Highway 96 and the intersection of said highway and State Highway 11 in Bibb County is designated as the General Robert L. Scott Highway.

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Section 2. That the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations along State Highway 247 designating it as provided in this article.
Section 3. That the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation and to Gen eral Robert L. Scott.
ARTICLE 3
Section 1. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Titus of the 143rd moved that the House agree to the Senate substi tute to HR 812.
On the motion, the ayes were 109, nays 0.
The motion prevailed.

HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, McDonald of the 12th and others:
A resolution relative to establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; establishing a con ference steering committee.

The following Senate substitute was read:

A RESOLUTION
Relative to establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; establishing a conference steering committee; and for other purposes.
WHEREAS, cocaine and other substance abuse is perhaps the most devastating prob lem confronting this country and state and is fraying the social fabric in communities throughout the state; and
WHEREAS, "crack," a cheap smokeable form of cocaine is particularly highly addic tive, often producing an almost immediate destruction of the individual and the family unit; and
WHEREAS, substance abuse, and particularly "crack" abuse, is increasing at an alarming rate and contributes to related social evils, such as the spread of AIDS and other sexually transmitted diseases, teenage pregnancies, and a growing number of babies who are born of addicted mothers; and
WHEREAS, the growth in numbers of these "children of substance abuse" is an increasingly grave threat to our state's most vital resource, its youth, and such children require vast commitments of medical resources and challenge the capabilities of our health care delivery system; and
WHEREAS, the development and dissemination of innovative and effective methods of preventive and curative medical and social care for these children is of vital importance to the state; and
WHEREAS, a conference devoted to this issue may present an important means toward the development and dissemination of such methods.

WEDNESDAY, MARCH 7, 1990

2547

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse.
BE IT FURTHER RESOLVED that the steering committee shall consist of: the chairmen of the House Committees on Appropriations, Education, Governmental Affairs, Health and Ecology, Judiciary, Special Judiciary, and State Planning and Community Affairs; the chairmen of the Senate Committees on Appropriations, Children and Youth, Education, Governmental Operations, Human Resources, Judiciary, and Special Judiciary; ten additional members appointed by the Speaker of the House of Representatives; and ten additional members appointed by the President of the Senate. Such additional mem bers shall include members of the General Assembly, members of the business community, health care providers, and representatives of advocacy groups. The Speaker of the House of Representatives shall appoint a cochairman and the President of the Senate shall appoint a cochairman.
BE IT FURTHER RESOLVED that the committee is charged with the responsibility of investigating the feasibility of using resources made available from the business commu nity and philanthropic interests to establish or facilitate in Georgia during 1990 a one-day Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse. If the committee determines that the establishment of such a conference is feasible through such resources so made available, the committee is authorized to undertake all actions nec essary to establish or facilitate such a conference through such resources, provided that no legislative branch funds may be expended to establish or facilitate the conference unless such expenditure is specifically authorized by the Legislative Services Committee.
BE IT FURTHER RESOLVED that the members of the steering committee shall serve without compensation, except that the legislative members of the committee shall receive from legislative funds for each day's service thereon the allowances authorized for members of legislative interim committees.

Representative Abernathy of the 39th moved that the House disagree to the Senate substitute to HR 912.
The motion prevailed.

HB 1951. By Representatives Jenkins of the 80th, Dunn of the 73rd and Smith of the 78th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a third judge of the superior courts of the Flint Judicial Circuit.

The following Senate amendment was read:

Amend HB 1951 by striking in its entirety Section 13 and inserting in its place a new Section 13 to read as follows:
"Section 13. This Act shall become effective July 1, 1990, except that this Act shall, for purposes of the appointment by the Governor of the initial judge to fill the judgeship created by this Act, become effective upon its approval by the Governor or upon its becoming law without his approval."

Representative Jenkins of the 80th moved that the House agree to the Senate amend ment to HB 1951.
On the motion, the ayes were 113, nays 0.
The motion prevailed.

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HB 1813.

By Representatives Chambless of the 133rd, Childers of the 15th, Moultrie of the 93rd and Hooks of the 116th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative determinations and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state.

The following Senate amendments were read:

SENATE AMENDMENT No. 1
Amend HB 1813 by adding after the period on line 20 of page 5 the following:
"No individual conducting utilization review shall require certification if such utiliza tion review is performed within the scope of such person's employment with an entity already certified pursuant to this Code section.".

SENATE AMENDMENT No. 2
Amend HB 1813 by striking line 5 of page 6 and inserting in lieu thereof the follow ing:
"request of health care providers; or protocols, including reconsideration and appeal processes as well as other relevant health care issues used in the private review program, shall be established based on input from persons who are licensed in the appropriate health care provider's specialty recognized by a licensure agency of such a health care provider;".
By striking lines 12 through 15 of page 9 and inserting in lieu thereof the following:
"(4) (A) Establishes and maintains a complaint system which has been approved by the Commissioner and which provides reasonable procedures for the resolution of writ ten complaints initiated by enrollees or health care providers concerning utilization review;
(B) Maintains records of such written complaints for five years from the time the complaints are filed and submits to the Commissioner a summary report at such times and in such format as the Commissioner may require; and
(C) Permits the Commissioner to examine the complaints at any time."
By striking lines 13 through 18 of page 10 and inserting in lieu thereof the following:
"(b) This chapter shall not apply to any private review agent when such private review agent is working under contract, or an extension or renewal thereof, with a licensed insurer operating under an agreement, providing administrative services pursu ant to the provisions of subsection (b) of Code Section 33-20-17 to a health care benefit plan negotiated through collective bargaining as that term is defined in the federal National Labor Relations Act, as amended, if the original agreement was executed and in effect prior to January 1, 1990."
By striking lines 31 and 32 of page 10 and inserting in lieu thereof the following:
"Section 2. This Act shall become effective January 1, 1991, if funds have been appropriated prior to such date to fund the provisions of this Act. If such funds have not been appropriated prior to January 1, 1991, this Act shall become effective on the effective date of an Act which appropriates funds to implement this Act."

WEDNESDAY, MARCH 7, 1990

2549

Representative Chambless of the 133rd moved that the House agree to the Senate amendments to HB 1813.
On the motion, the ayes were 111, nays 1.
The motion prevailed.

Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 728 Do Pass SB 650 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1620. By Representatives Coleman of the 118th, Crosby of the 150th and Royal of the 144th:
A bill to amend Code Section 48-4-1 of the Official Code of Georgia Anno tated, relating to procedures for sales under tax levies and executions, so as to change certain provisions regarding sales under tax executions; to change certain provisions regarding advertisement of tax levies and written notice of tax executions.

The following Senate substitute was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that judicial sales of personal property may be held outside of the county in which the property levied on is situated in certain circumstances; to provide that judicial sales may be conducted in the county in which the personal property levied on is situated; to provide that judicial sales may be held at a location other than the county courthouse; to change certain provisions regarding sales under tax executions; to change certain provisions regarding advertisement of tax levies and written notice of tax executions; to authorize certain agreements to establish land bank authorities; to provide for definitions; to provide for the composition of the authority and its purposes, powers, duties, meetings, vacancies, organization, and staff; to provide for appointment, terms, compensation, and qualifications of authority members; to provide for dissolution of land bank authorities; to provide for acquisition and disposal of property by the authority and conditions and procedures relating thereto; to provide for powers of the authority with regard to its property; to provide for extinguishing taxes and distributing proceeds of property disposed of; to provide for priorities in disposing of property; to provide for pro cedures to foreclose the right of redemption; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (d) of Code Section 48-2-55, relating to attachment, garnishment, and levy for the collection of certain state taxes, and inserting in its place a new subsection (d) to read as follows:
"(d) The commissioner or his authorized representative may levy and conduct judi cial sales in the manner provided by law for sales by sheriffs and constables. Levy, in the case of personal property, shall be advertised ten days before the date of sale. Advertisements of sales shall designate the time and place of the sale, shall give a rea sonable description of the property to be sold, shall be posted in three public places in the county, and shall be inserted at least one time in the newspaper in which sheriff's sales in the county are advertised. The sale shall be at the courthouse ef conducted within the county in which the property levied on is situated and shall be held between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable. In the event the levy is upon personal property, the sale shall be conducted within the county in which the property levied on is situated, except that if it appears to the commissioner that substantially higher bids may be obtained for the property if the sale is held at a place outside such county, he may order that the sale be held in such other place. If the location of the sale is in a county other than the county in which the levy was made, notice of the sale as required by this Code section shall be made in both counties. In the event the levy is upon real property, the commis sioner or his authorized representative, after making the levy, shall return the levy on the execution to the sheriff of the county in which the property is located. After the return, the sheriff shall proceed to advertise and sell the property as required by law."
Section 2. Said title is further amended by striking subsection (a) of Code Section 48-4-1, relating to procedures for sales under tax levies and executions, and inserting in its place a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this title, when a K the levy is made upon real or personal property, the property shall be advertised and sold in the same manner as provided for fi. fas.- executions and judicial sales. Sales Except as otherwise provided in this title, the sale of real or personal property under a tax executions execution shall be made under the rules governing in the same manner as provided for judicial sales; provided, however, that in addition to such other notice as may be required by law, in any sale under a tax execution under made pursuant to this chapter, the defendant shall be given ten days' written notice of such sale by registered or certified mail to th last known address as listed m tne records or tnc tax commissioner fn said county, l ne notice required by this Code section shall be sent:
(1) In cases of executions issued by a county officer for ad valorem taxes, to the defendant's last known address as listed in the records of the tax commissioner of the county that issued the tax execution; or
(2) In cases of executions issued by a state officer, to the defendant's last known address as listed in the records of the department headed by the issuing officer."
Section 3. Said title is further amended by adding a new article providing for land bank authorities immediately following Article 3 of Chapter 4 to be designated Article 4 to read as follows:
"ARTICLE 4
48-4-60. As used in this article, the term: (1) 'Agreement' means the interlocal cooperation agreement entered into by the
parties pursuant to this article. (2) 'Authority' means the land bank authority established pursuant to this article. (3) 'Parties' means the parties to the agreement, which shall include any city and
any county containing such city. (4) 'Property' means real property, including any improvements thereon.

WEDNESDAY, MARCH 7, 1990

2551

(5) 'Tax-delinquent property' means any property on which the taxes levied and assessed by any party remain in whole or in part unpaid on the date due and payable. 48-4-61. (a) Any city and the county containing such city may enter into an interlocal cooperation agreement for the purpose of establishing a land bank authority
pursuant to this article. (b) The authority shall be a public body corporate and politic with the power to sue
and be sued and to accept and issue deeds in its name and to institute quia timet actions and shall have any other powers necessary and incidental to carry out the powers granted by this article.
(c) The authority shall be established to acquire the tax delinquent properties of the parties in order to foster the public purpose of returning land which is in a nonrevenuegenerating, nontax-producing status to an effective utilization status in order to provide housing, new industry, and jobs for the citizens of the county. The authority shall have the powers provided in this article and those necessary and incidental to the exercise
of such powers. (d) Any authority established pursuant to this article may be dissolved by any party
to the agreement which established the authority or by local Act of the General Assem bly.
48-4-62. (a) The authority shall be governed by a board composed of four members: two appointed by the mayor of the party city and two appointed by the county commis sion of the party county. Each member shall serve at the pleasure of the respective appointing authority for a term of four years and shall serve without compensation. The members shall be residents of the county and may be employees of the parties. Any vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(b) The board of the authority shall meet from time to time as required, and three members shall constitute a quorum. Approval by a majority of the membership shall be necessary for any action to be taken by the authority. All meetings shall be open to the public, except as otherwise provided by Chapter 14 of Title 50, and a written record shall be maintained of all meetings. A chairman shall be elected from among the mem bers, and he shall execute all deeds, leases, and contracts of the authority when autho rized by the board.
(c) The authority may employ its own staff or may utilize employees of the parties, as determined by the agreement.
48-4-63. (a) The authority shall hold in its own name, for the benefit of the parties, all properties conveyed to it by the parties, all tax delinquent properties acquired by it
pursuant to this article, and all properties otherwise acquired. (b) It shall be the duty of the authority to administer the properties acquired by it,
as follows: (1) All property acquired by the authority shall be inventoried and appraised and
the inventory shall be maintained as a public record;
(2) The authority shall organize and classify the property on the basis of suitabil ity for use;
(3) The authority shall maintain all property held by it in accordance with applica ble laws and codes; and
(4) The authority shall have the power to manage, maintain, protect, rent, lease, repair, insure, alter, sell, trade, exchange, or otherwise dispose of any property on terms and conditions determined in the sole discretion of the authority.
The authority may assemble tracts or parcels of property for public parks or other pub lic purposes, and to that end may exchange parcels and otherwise effectuate the pur poses determined by agreement with any party.
(c) The acquisition and disposal of property by the authority shall not be governed or controlled by any regulations or laws of the parties unless specifically provided in the agreement.
(d) No property located within the party city may be sold, traded, exchanged, or oth erwise disposed of by the authority, unless the transaction is approved by the authority members appointed by the mayor of such city. No property located within the party

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county but outside such city may be sold, traded, exchanged, or otherwise disposed of by the authority, unless the transaction is approved by the authority members appointed by the county commission.
48-4-64. (a) If any party obtains a judgment against a tax delinquent property within the party county for the taxes and, to satisfy the judgment, the property is ordered sold at a tax sale and if no person bids an amount equal to the full amount of all tax bills, interest, and costs owing on the property at the sale, the authority shall have the option at any time after the tax sale to cause the tax commissioner to make a deed of the property to the authority.
(b) In accordance with the provisions of Code Section 48-4-45, the authority shall have the right to foreclose the right to redeem property at any time after the expiration of the 12 month redemption period has expired pursuant to Code Section 48-4-65.
(c) When a property is acquired by the authority, the authority shall have the power to extinguish all county and city taxes, other than school district taxes, at the time it sells or otherwise disposes of property. In determining whether or not to extinguish taxes, the authority shall consider the public benefit to be gained by tax forgiveness with primary consideration given to purchasers who intend to build or rehabilitate low-in come housing.
(d) At the time that the authority sells or otherwise disposes of property as part of its land bank program, the proceeds from the sale, if any, shall be distributed to the parties in proportion to and to the extent of their respective tax bills and costs. Any excess proceeds shall be distributed pursuant to the Agreement of the parties in accord ance with the public policy stated in this article. Conveyance of a property to a party
shall not constitute disposal. (e) The authority shall have full discretion in determining the sales price of the
property. The agreement of the parties shall provide for a distribution of property that favors neighborhood nonprofit entities obtaining the land for low-income housing and, secondarily, other entities intending to produce low-income or moderate-income housing.
48-4-65. (a) The authority may foreclose the right of redemption to the property conveyed to the authority in the following manner:
(1) The record title to the property shall be examined and a certificate of title shall be prepared for the benefit of the authority;
(2) The authority shall serve the prior owner whose interest was foreclosed upon and all persons having record title or interest in or lien upon the property with a notice of foreclosure of this right to redeem in conformance with Code Section 48-4-46;
(3) In the event persons entitled to service are located outside the county, they may be served by certified mail; or
(4) In the event the sheriff is unable to perfect service or certified mail attempts are returned unclaimed, the authority shall conduct a search for the person with an interest in the property conveyed to the authority, which search must, at a minimum,
have included the following: (A) An examination of the addresses given on the face of the instrument vesting
interest or the addresses given to the clerk of the superior court by the transfer tax declaration form. The clerk of the superior court and the tax assessor of the county are required to share information contained in the transfer tax declaration form with one another in a timely manner;
(B) A search of the current telephone directory for the county in which the property is located;
(C) A letter of inquiry to the person who sold the property to the defendant in the tax sale at the address shown in the transfer tax declaration form or in the tele
phone directory; (D) A letter of inquiry to the attorney handling the closing prior to the tax sale
if provided on the deed forms; (E) A sign being no less than four feet by six feet shall be erected on the prop
erty and maintained by the authority for a minimum of 30 days reading as follows: 'THIS PROPERTY HAS BEEN CONVEYED TO THE
LAND BANK AUTHORITY BY

WEDNESDAY, MARCH 7, 1990

2553

VIRTUE OF A SALE FOR UNPAID TAXES. PERSONS WITH INFORMA TION REGARDING THE PRIOR OWNER OF THE PROPERTY ARE REQUESTED TO CALL _______________________.'; and (F) If the authority has made the search as required by this paragraph and been unable to locate those persons required to be served under paragraph (2) of this Code section or, having located additional addresses of those persons through such search, attempted without success to serve those persons in either manner provided by paragraph (2) or (3) of this Code section, the authority shall make a written summary of the attempts made to serve the notice, in recordable form, and may authorize the foreclosure of the redemption rights of record."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Buford of the 103rd moved that the House agree to the Senate substi tute to HB 1620.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.

Representative Dover of the llth moved that the House insist on its position in dis agreeing to the Senate substitute to HR 836 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Dover of the llth, Royal of the 144th and Godbee of the 110th.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 450. By Senators Kidd of the 25th, Ray of the 19th, Harris of the 27th and oth ers:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements.

The following report of the Committee of Conference was read:

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JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON SB 450

The Committee of Conference on SB 450 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 450 be adopted.

Respectfully submitted,

FOR THE SENATE: kl Culver Kidd
Senator, 25th District
/s/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jerrv D- Jackson Representative, 9th District
/s/ Bin H. Barnett Representative, 10th District

/s/ Tommy C. Olmstead Senator, 26th District

/s/ Bobby E. Parham Representative, 105th District

A BILL
To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed; to provide definitions; to provide exceptions; to provide limitations on certain remedies; to provide penalties; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to pro hibit the sale, purchase, use, etc. of license plates for the purpose of concealing the iden tity of the vehicle or to avoid payment of ad valorem taxes; to authorize use of an expired prestige license plate on the front of a vehicle; to require that the certificate of registration for a motor vehicle must be provided to the purchaser or transferee of such vehicle; to pro vide for exceptions; to provide for penalties; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to define certain terms; to provide for cancellation of the title and license plate on certain vehicles; to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relat ing to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements; to provide for all related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, is amended by adding after Code Section 40-1-4 a new Code Section 40-1-5 to read as follows:
"40-1-5. (a) As used in this Code section, the terms 'dealer,' 'distributor,' 'manufac turer,' and 'new motor vehicle,' shall have the same meaning as set forth in Code Section 40-2-36.1.
(b) Except as provided in this subsection and in subsection (c) of this Code section, prior to the sale of a new motor vehicle, a dealer must disclose to the buyer any damage which has occurred to the vehicle of which the dealer has actual knowledge and which costs more than 5 percent of the manufacturer's suggested retail price to repair. Prior to the sale of a new motor vehicle, a dealer must also disclose to the buyer any damage which has occurred to the paint of which the dealer has actual knowledge and which costs more than $500.00 to repair. Damages shall be calculated at the actual cost of such repair.
(c) Notwithstanding anything to the contrary in subsection (b) of this Code section, in calculating the amount of damage for purposes of disclosure under subsection (b) of this Code section, a dealer shall not be required to take into account nor shall a dealer

WEDNESDAY, MARCH 7, 1990

2555

be required to disclose damage to glass, tires, wheels, bumpers, radio, or in-dash audio equipment, regardless of cost, so long as the item is replaced with original or reasonably comparable equipment.
(d) Prior to the delivery of a new motor vehicle, each manufacturer, distributor, car rier, or motor vehicle importer must disclose to the dealer any damage which has occurred to the vehicle of which the manufacturer, distributor, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, distributor, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be lia ble to the dealer for any liability imposed on such dealer for a failure on the part of the dealer to comply with the requirements of this Code section.
(e) Prior to the delivery of a new motor vehicle, each manufacturer, carrier, or motor vehicle importer must disclose to the distributor any damage which has occurred to the vehicle of which the manufacturer, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the distributor for any liability imposed on such distributor for a failure on the part of the distributor to comply with the requirements of this Code section.
(f) If disclosure is not required under this Code section, a buyer may not revoke or rescind a sales contract, and relief may not be sought under this or any other provision of this Code, including Part 2 of Article 15 of Chapter 1 of Title 10 due to the fact that the new motor vehicle was damaged and repaired prior to the sale.
(g) A violation of this Code section shall be a per se violation of Code Section 10-1-393, and the penalties, procedures, and remedies applicable to violations of Code Section 10-1-393 shall be applicable to a violation of this Code section."
Section 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-5, relating to use of a license plate for purposes of concealing or misrepresenting the identity of a vehicle, which reads as follows:
"40-2-5. (a) It shall be unlawful to buy, steal, sell, receive, dispose of, conceal, pos sess, or use any vehicle license plate upon or in conjunction with the possession of any such vehicle except the vehicle for which the plate was issued, for the purpose of con cealing or misrepresenting the identity of any vehicle which is required to bear a license plate.
(b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one nor more than five years.", and inserting in lieu thereof a new Code Section 40-2-5 to read as follows:
"40-2-5. (a) Except as otherwise provided in this chapter, it shall be unlawful: (1) To remove or transfer a license plate from the motor vehicle for which such
license plate was issued; (2) To sell or otherwise transfer or dispose of a license plate upon or for use on
any motor vehicle other than the vehicle for which such license plate was issued; (3) To buy, receive, use, or possess for use on a motor vehicle any license plate not
issued for use on such motor vehicle; or (4) To operate a motor vehicle bearing a license plate which was improperly
removed or transferred from another vehicle. (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or by con finement for not more than 12 months, or both. (c) It shall not be unlawful for any person to place an expired prestige license plate on the front of a motor vehicle provided that such vehicle also bears a current valid license plate on the rear of such vehicle."

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JOURNAL OF THE HOUSE,

Section 3. Said chapter is further amended by striking Code Section 40-2-20, relating to motor vehicle registration and license requirements, in its entirety and inserting in lieu thereof a new Code Section 40-2-20 to read as follows:
"40-2-20. (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently reg istered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, jf such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of reg istration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certifi cate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.
(b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other
political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is appli
cable; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling
unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which
is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped.
(c) Any person who fails to comply with any requirements of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00."
Section 4. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, is amended by striking paragraph (12) of Code Section 40-3-2, relating to the definition of a salvage motor vehicle, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Salvage motor vehicle' means any motor vehicle which: (A) Has Which has been damaged to the extent that its restoration to an operable
condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair;
(B) Has Which has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition

WEDNESDAY, MARCH 7, 1990

2557

would require the replacement of two or more major component parts er for which the insurance company has paid a total less claim; or ]
(C) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the num ber of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered undamaged or damaged only to the extent that its restoration to an operable condition would not require the replacement of two or more major component parts and which has the manufacturer's vehicle iden tification number plate intact; or
{6} (D) fe Which is an imported motor vehicle which has been damaged in ship ment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title."
Section 5. Said chapter is further amended by striking Code Section 40-3-35, relating to cancellation of certificates of title for certain vehicles, in its entirety and inserting a new Code Section 40-3-35 to read as follows:
"40-3-35. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation.
(2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of:
the (A) The front clip assembly, which includes the fenders, grill, hood, and bumper;
the (B) The rear clip assembly, which includes the quarter panels and the floor panel assembly;
the (C) The top assembly, excluding a soft top; the (D) The frame; and a (E) A complete side, which includes the fenders, door, and quarter panel or ftny insurance compfliiy which tc(|uires 9u.cn dflrns^ed motor vehicle Dy virtue of having paid a total less ektim shall mail or deliver the certificate of title to the commissioner for cancellation. (3) (A) Any insurance company which acquires title to a damaged motor vehicle by payment of a total loss claim shall, on a form prescribed by the commissioner, notify the commissioner of the payment of a total loss claim and shall mail or deliver the certificate of title to the commissioner for cancellation or issuance of a salvage certificate of title. (B) Any insurance company which pays a total loss claim but does not acquire title to such vehicle shall, on a form prescribed by the commissioner, notify the commissioner and the owner of the payment of a total loss claim but shall not be required to surrender the certificate of title to such vehicle. (4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commissioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked 'salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a sal vage certificate of title. {b)--Except as provided in subsection {a) ef this Code section, ay person, firm, er corpors11on which puFchdses or othetwisc ftcc[tHres & sftlv&^e motoF vehicle srid.il sppiy
dflys of the pupch&se OF set)uisition of trie motor vehicle OF withm TO dftys of tfte pfly~ meirt of ft totfli 1033 CIQIIH to the i*eistorcd owner 01 the s&iv&^e motor vehicle, rt the

2558

JOURNAL OF THE HOUSE,

person^ liriw, or corpors110n intends to operate or to sell, convey, of trsnsicr tne motor vehicle; and ne such person, firm, or corporation shall selly transfer, er convey a salvage motor vcniciG until sucn person, ftmij or corpopfltion n&s flpplico tor find ootsineQ d S8l~ vage certificate ef title.
(b) (1) Any registered owner of a vehicle for which a total loss claim has been paid who retains possession of such vehicle, regardless of the number of major component parts required to repair such vehicle, and any security interest holder or lienholder having custody of the certificate of title of a vehicle for which a total loss claim has been paid shall apply to the commissioner for a salvage certificate of title for such motor vehicle as provided in this subsection prior to the operation, sale, conveyance, or transfer of such salvage motor vehicle.
(2) Any insurance company which pays a total loss claim for a salvage motor vehi cle and takes possession of such motor vehicle shall apply to the commissioner for a salvage certificate of title within 30 days after paying such total loss claim.
(3) Any other person, firm, or corporation not covered by paragraph (1) or (2) of this subsection which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title. (c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
(d) Any certificate of title which is issued te for a salvage motor vehicle, as provided for in this subsection Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle.
(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-35.1, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the cer tificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pur suant thereto, may issue an administrative fine not to exceed $1,000.00 for each viola tion, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.' Any person who has exhausted all administra tive remedies available and who is aggrieved or adversely affected by a final order or
action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into
the state treasury. The commissioner may file, in the superior court (1) wherein the per son under order resides; (2) if such person is a corporation, in the county wherein the
corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unap-
pealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect
and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty
prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties pro
vided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Insurance Commissioner Commissioner of Insurance is authorized to enforce
the provisions of this Code section to the extent such provisions are applicable to insur ers which are under the jurisdiction of the Insurance Department. The Insurance Com
missioner Commissioner of Insurance is also authorized to cooperate with the

WEDNESDAY, MARCH 7, 1990

2559

commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Insurance Commissioner Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor.
(i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehi cle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation.
(j)_If any insurance company pays a total loss claim to the registered owner of a sal vage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If such license plate is unavailable, then the insurance company shall notify the commis sioner of the license plate number of such salvage motor vehicle."
Section 6. Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duties of a person removing or storing a vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:
"40-11-2. (a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehi cle is unknown, seek the identity of and address of the last known registered owner of such vehiclej the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting removal of such or his agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make
of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle^ the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforce ment officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed
abandoned under Chapter 11 of this title unless the owner^ security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed.

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JOURNAL OF THE HOUSE,

(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an aban doned motor vehicle, give notice in writing, by sworn statement, to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, secu rity interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or stor ing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the per son removing or storing such vehicle shall place an advertisement in a newspaper of gen eral circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the court house for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network.
(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue, the department may require such other information or confir mation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees.
(1) Any person who knowingly provides false or misleading information when provid ing any notice or information as required by this Code section shall be guilty of a misde meanor and, upon conviction thereof, shall be punished as for a misdemeanor."
Section 7. Said chapter is further amended by striking Code Section 40-11-3, relating to when peace officers may remove vehicles from public property and notice requirements, in its entirety and inserting in lieu thereof a new Code Section 40-11-3 to read as follows:
"40-11-3. (a) Any peace officer who finds a motor vehicle which has been left unat tended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle.

WEDNESDAY, MARCH 7, 1990

2561

(b) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property shall be authorized immedi ately to cause such motor vehicle to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety.
(c) Any peace officer who, under this Code section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
(d) (1) Any peace officer or the law enforcement agency which causes a motor vehi cle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown:
(A) Notify the Department of Revenue and the Georgia Crime Information Cen ter of the description of the vehicle and the location to which such motor vehicle has been removed; and
(B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle. (2) If the name and address of the last known registered owner of the motor vehi cle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make availa ble to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Jackson of the 9th moved that the House adopt the report of the Com mittee of Conference on SB 450.
On the motion, the ayes were 100, nays 0.
The motion prevailed.

The following Bills and Resolution of the House were taken up for the purpose of con sidering the the Senate amendments thereto:

HB 1917. By Representative Barnett of the 10th:
A bill to provide for the creation of the Johns Creek Community Improve ment District.

The following Senate amendment was read:

Amend HB 1917 by striking "therewith;" on line 13 of page 1 and inserting in its place the following:
"therewith; to provide for an offer to convey certain facilities and property under cer tain conditions;".
By striking from lines 5 through 7 of page 5 the following:
"or thereafter modified by any subsequent resolution of the Board of Commissioners of Forsyth County".
By inserting between lines 9 and 10 of page 18 the following:

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"(d) Upon the final repayment of any and all bonds, notes, or other obligations of the district issued under this Act, the board shall make an offer to convey all property and facilities of the board and district to Forsyth County.".

Representative Barnett of the 10th moved that the House agree to the Senate amend ment to HB 1917.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge.

The following Senate amendment was read:

Amend HR 761 by inserting on line 2 of page 1, between the word "Bridge" and the symbol ";", the following:
"and designating the Mills B. Lane, Jr., Bridge".
By inserting immediately following line 7 of page 1 the following:
"WHEREAS, Mr. Mills B. Lane, Jr., well-known banker, philanthropist, and exem plary citizen of both Savannah and Atlanta, Georgia, passed away on May 8, 1989; and
WHEREAS, Mr. Lane's extraordinary vision over the years of his life precipitated numerous changes throughout Georgia in business, politics, and civic action; and
WHEREAS, among the many legacies which Mr. Lane left the state are major league baseball, professional football, Stone Mountain Park, and historic restoration and preser vation of his native Savannah; and
WHEREAS, in his profession as a banker, he pioneered progressive programs now fol lowed by many financial institutions; and
WHEREAS, throughout his retirement from active banking, Mr. Lane continued to lend his leadership talents and support to many programs which have improved the quality of life for all Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Savannah River on U.S. Highway 17 Alternate, also known as State Route 25 Alternate, is designated as the Mills B. Lane, Jr., Bridge."
By inserting on line 22 of page 3, between the word "Hunter" and the symbol ".", the words "and the family of Mills B. Lane, Jr.'"

Representative Thompson of the 20th moved that the House disagree to the Senate Senate amendment to HR 761.
The motion prevailed.

HB 1854.

By Representatives Walker of the 115th, Murphy of the 18th, Coleman of the 118th, Hanner of the 131st, Connell of the 87th and others:
A bill to amend various provisions of the Official Code of Georgia Annotated, so as to provide for the effects of changes in decennial census data and changes in congressional districts with respect to the membership of various boards, commissions, and bodies.

WEDNESDAY, MARCH 7, 1990

2563

The following Senate amendments were read:

SENATE AMENDMENT No. 1
Amend HB 1854 by striking all matter on line 24 of page 3 and inserting in lieu thereof the following:
"(v) Code Section 36-5-25; provided, however, that if a county's population decreases according to a more recent census below its population according to an earlier census, then, notwithstanding any other provision of law, any officer who is compensated under a law specified in this subparagraph and who is in office on the date specified in this subparagraph shall continue during his entire tenure in such office (including any future terms of office in such office) to be compensated on the basis of the county's pop ulation according to such earlier census;".

SENATE AMENDMENT No. 2 Amend HB 1854 by striking the word "three" on line 18 of page 4 and inserting in lieu thereof the following: "thfee four". By adding between lines 20 and 21 of page 4 the following:
"the commissioner of technical and adult education,".

Representative Walker of the 115th moved that the House agree to the Senate amend ments to HB 1854.
On the motion, the ayes were 118, nays 4.
The motion prevailed.

HB 1498.

By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section.

The following Senate amendment was read:

Amend HB 1498 by striking line 3 on page 1 in its entirety and substituting in lieu thereof the following:
"application for an appeal is required, so as to provide that such procedures for appeal shall not apply to child custody cases; to change the".
By inserting between lines 10 and 11 on page 1 the following:
"Section 1. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph (2) to read as follows:
'(2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases other than child custody cases including, but not lim ited to, granting or refusing a divorce or temporary or permanent alimony; awarding

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JOURNAL OF THE HOUSE,

or lefusing to change child custody, or holding or declining to hold persons in con tempt of such alimony et child custody judgment or orders;'."
By striking lines 11 through 13 on page 1 in their entirety and substituting in lieu thereof the following:
"Section 2. Said Code section is further amended by".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

Representative Thomas of the 69th moved that the House disagree to the Senate amendment to HB 1498.
The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 1827. By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding build ings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals.
The following Resolution of the House was read:
HR 1074. By Representatives Murphy of the 18th, Connell of the 87th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd and Walker of the 115th A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 10:00 P.M. on Wednesday, March 7, 1990, and reconvene at 10:00 A.M. on Friday, March 9, 1990.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron Y Abernathy
Y Adams YAiken YAlford Y Alien YAthon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot YBargeron YBarnett,B Y Barnett,M
Y Bates YBeck
YBenefield

Y Benn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks YChilders
Y Clark,B

Y Clark.H Y Clark,L
Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dkon.H Y Diion.S
Dobbs
Y Dover Dunn
Y Edwards

Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris
Y Hasty Y Heard
Y Herbert

Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Y twin Y Isakson Y JacksonJ YJackson.W Y Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston
Y Lane.D Lane.R
Y Langford

WEDNESDAY, MARCH 7, 1990

2565

Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum
Martin Y McCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows YMilam

Y Mobley
Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C
Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag

Y Porter Y Poston
Y Powell YRandall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P

Y Smith.T
Y Smith, W YSmyre YSnow Y Stancil,F Y Stancil.S
Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert

On the adoption of the Resolution, the ayes were 166, nays 0. The Resolution was adopted.

Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

Representative Mangum of the 57th arose to a point of personal privilege and addressed the House.

Representative McKinney of the 35th arose to a point of personal privilege and addressed the House.

Representative Thompson of the 20th arose to a point of personal privilege and addressed the House.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1317.

By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to pro vide for definitions; to provide for the purpose of such registry.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to provide for definitions; to provide for the purpose of such registry; to provide the conditions under which reports must be made for purposes of inclusion in such registry and the contents thereof; to provide for classifica tions; to provide for expunging information from the registry; to provide for access to information in the registry; to provide for statistical analyses; to provide for the confiden tial nature of information in the registry and restrict its public use; to prohibit providing, obtaining, communicating, or using such information and certain attempts relating thereto; to provide for penalties; to provide for immunity from liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end a new article to read as follows:

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"ARTICLE 8
49-5-180. As used in this article, the term: (1) 'Abuse investigator' means the department, any local department of family and
children services, law enforcement agency, or district attorney or designee thereof. (2) 'Abuse registry' means the central child abuse registry required to be estab
lished by Code Section 49-5-181. (3) 'Abused' means subjected to child abuse. (4) 'Child' means any person under 18 years of age. (5) 'Child abuse' means: (A) Any physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means, and this shall be deemed to be physical abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; provided, however, that discipline administered for the purpose of correcting the child's behavior shall not be presumed to be child abuse when it is reasonable in manner and moderate in degree, with consideration for the age, size, and condition of the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; (C) Sexual assault of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; and (D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183. (6) 'Confirmed' means that an investigation by an abuse investigator has revealed
that there is substantial credible evidence that child abuse occurred. (7) 'Division' means the Division of Family and Children Services of the Depart
ment of Human Resources. (8) 'Out-of-state abuse investigator' means a public child protective agency or law
enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article.
(9) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (10) 'Unconfirmed' means that an abuse investigator has been unable to locate the child allegedly abused or has determined by an investigation that there is not substan tial credible evidence that child abuse occurred. (11) 'Under investigation' means that an investigation by an abuse investigator has not been completed but shall not extend beyond 180 days from the date the investiga tion began. (12) 'Unfounded' means that an investigation by an abuse investigator has deter mined that there is no credible evidence that child abuse occurred. 49-5-181. The division shall establish and maintain a central child abuse registry which shall receive all information regarding suspected cases of child abuse reported to the division pursuant to Code Section 49-5-183. In addition the division shall notify any individual whose name appears in the registry and provide, in writing, the procedure for expungement.
49-5-182. The abuse registry shall be operated in such a manner as to enable abuse investigators to:
(1) Immediately identify and locate prior reports of child abuse; and
(2) Maintain and produce aggregate statistical data of reported cases of child abuse.

WEDNESDAY, MARCH 7, 1990

2567

49-5-183. (a) All reports of alleged child abuse received by any abuse investigator pursuant to Code Section 19-7-5 and all cases in which an abuse investigator indepen dently makes a determination that there is reasonable cause to believe a child has been abused shall be reported to the division upon the earlier of:
(1) The completion of the investigation; or (2) Within 30 days after the report pursuant to Code Section 19-7-5 is made or the independent determination by the investigator is made. (b) If, within the 30 days specified in paragraph (2) of subsection (a) of this Code section, the investigation by an abuse investigator: (1) Is completed, that investigator shall classify the alleged abuse as 'unfounded,' 'confirmed,' or 'unconfirmed' and, if classified as:
(A) 'Unfounded,' the abuse investigator shall not make a report to the division, notwithstanding subsection (a) of this Code section; or
(B) 'Confirmed' or 'unconfirmed,' the abuse investigator shall make a report to the division and include such classification; or (2) Is not completed, that abuse investigator shall make to the division a report which classifies the alleged abuse as 'under investigation.' (c) The report to the division pursuant to this Code section shall also include the following: (1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the child's par ents, custodian, or caretaker, if known; (3) Name, age, sex, race, social security number, and birthdate of the person alleged to have committed child abuse, if known; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (5) of Code Section 49-5-180 as either sexual abuse, physical abuse, child neglect, or a combination thereof. (d) Upon completion of its investigation of a case reported to the division and classi fied as 'under investigation,' the abuse investigator shall: (1) Classify such case as 'confirmed,' 'unconfirmed,' or 'unfounded,'; and (2) If the case is classified as 'confirmed' or 'unconfirmed' report such classification to the abuse registry.
49-5-184. (a) The division shall include in the abuse registry the information reported to it pursuant to Code Section 49-5-183 within ten days after receipt thereof.
(b) All identifying information in the abuse registry of cases classified as 'unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified. If at any time a case becomes reclassified as 'unfounded' it shall be immediately expunged from the abuse registry.
(c) Any individual whose name appears in the abuse registry may petition the juve nile court of the county in which the report was made for expungement at any time. The juvenile court, after conducting a hearing at which the division has been served with notice and is given a reasonable opportunity to be heard, shall order expungement upon a finding that there is no reasonable basis for the petitioning individual's name to be maintained in the abuse registry for the statutorily prescribed period.
49-5-185. (a) Only an abuse investigator, medical examiner, coroner, or out-of-state abuse investigator which has investigated, or is investigating, a case of possible child abuse shall be provided any information from the abuse registry and shall only be pro vided information relating to that case for purposes of using that information in such investigation, except as provided in subsection (b) of Code Section 49-5-186.
(b) The department shall provide the Governor's office, the General Assembly, dis trict attorneys, and law enforcement agencies with a statistical analysis of reported cases from the abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons alleged to have committed child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confi dential information.

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49-5-186. (a) Information in the abuse registry shall be confidential and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of Chapter 5 of Title 49.
(b) Information obtained from the abuse registry may not be made a part of any record which is open to the public except that a district attorney may use and make public that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse.
(c) Any person who knowingly provides from the abuse registry any information to a person not authorized to be provided that information under this article, shall be guilty of a misdemeanor.
(d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the abuse registry except as authorized in this article shall be guilty of a misdemeanor.
49-5-187. The department and employees thereof providing information from the abuse registry as authorized by this article and any person who uses such information from the abuse registry as authorized by this article shall have no civil or criminal liabil ity therefor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representative Smith of the 152nd moves to amend the Senate substitute to HB 1317 by striking lines 16 through 22 on page 2 and inserting in lieu thereof the following:
"Code Section 49-5-183; provided, however, that the reasonable use of traditional forms of discipline, including but not limited to ordinary spanking or paddling, shall not be deemed to be child abuse;".
Representative Oliver of the 53rd moved that the House agree to the Senate substi tute, as amended by the House, to HB 1317.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Abernathy
Y Adams Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks
Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell

Y Carter
Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark.L
Y Coleman Y Colwell Y Connell
Couch Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H
Y Dixon,S Dobbs
Y Dover Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee

Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton Y Banner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane.D
Lane,R Y Langford Y Lawrence

Y Lawson YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum
Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows YMUam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M
YOrr
YOrrock
Y Padgett Y Pannell
YParham
YParrish Y Patten Y Pettit Y Pinkston

YPoag Y Porter
YPoston Y Powell YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield
Y Smith,L Y Smith,? Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson

WEDNESDAY, MARCH 7, 1990

2569

Thurmond Y Titus
YTolbert YTownsend

Y Twiggs YVaughan
Y Waddle Walker.C

Y Walker,L Y Wall
Y Ware Y Watson

Y Watts White
Wilder Y Williams,B

Williams,J Y Yates
Y Yeargin Murphy,Spkr

On the motion, the ayes were 158, nays 0. The motion prevailed.

HB 1318. By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such commit tees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoe-

The following Senate substitute was read:
A BILL
To amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such committees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoenas; to provide for transmitting reports of these committees and conditions relating thereto; to create the State-wide Child Fatality Review Panel and provide for its selection, membership, organization, meetings, duties, and powers; to provide for terms of panel members and for vacancies on the panel; to provide for compensation, expenses, and allow ances of the panel; to provide for reports and procedures; to provide for the privileged and confidential nature of certain information and meetings; to prohibit certain disclosures and provide for criminal penalties; to provide for immunity from liability; to provide for statu tory construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1 . Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, is amended by striking that chapter and inserting in its place a new chapter to read as follows:
"CHAPTER 1
19-1-1. As used in this chapter, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means:
(A) Any physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that discipline adminis tered for the purpose of correcting the child's behavior shall not be presumed to be child abuse when it is reasonable in manner and moderate in degree, with considera tion for the age, size, and condition of the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child.

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(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, schoolteacher, school administrator, or school counselor or who is employed to render services to chil dren by the Department of Human Resources or any county board of health or county department of family and children services.
(5) 'Committee' means a child abuse protocol committee established pursuant to Code Section 19-1-2.
(6) 'Panel' means the State-wide Child Fatality Review Panel created by Code Sec tion 19-1-4.
(7) 'Report' means a report prepared by a committee pursuant to subsection (b) of Code Section 19-1-3.
(8) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. 19-1-1. 19-1-2. (a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall
establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meet ing. Thus established, the committee shall thereafter elect a chairperson from its mem bership.
(c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee:
(A) The office of the sheriff; (B) The county department of family and children children's services;
(C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county
police department; and (I) The office of the chief of police of the largest municipality in the countyv (J) The county board of health, which shall designate a physician to serve on the
committee; and (K) The office of the coroner or county medical examiner.
(2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a repre sentative from a local citizen or advocacy group which focuses on child abuse aware ness and prevention.
(d) The chief superior court judge or, after the first meeting, the child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee.
(e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources, a copy of which shall be furnished to each agency in the county han dling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child.
(f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment
is provided for the perpetrator, the family, and the child.

WEDNESDAY, MARCH 7, 1990

2571

(g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and may meet from time to time for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same.
19-1-3. (a) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investiga tion pursuant to Code Section 45-16-25, that medical examiner at the same time shall also transmit a copy of that report to the committee of the county in which such child resided at the time of death.
(b) A committee which receives a report pursuant to subsection (a) of this Code sec tion shall meet and review the report within ten days after receipt and conduct its own investigation into the death of the child named in that report. The committee may obtain from any superior court judge of the county for which the committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the com mittee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. The committee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The committee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the committee held after the committee received the medical examiner's report. The committee's report shall:
(1) State the circumstances leading up to death and cause of death; (2) Detail any agency involvement prior to death, including the beginning and end ing dates and kinds of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities; (3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death; (4) State whether court intervention had ever been sought; (5) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; and (6) Make recommendations for possible prevention of future deaths of similar inci dents for children who are at risk for such deaths. (c) The committee shall transmit a copy of its report within 1J> days following its completion to the Department of Human Resources and to the panel. The committee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was created if the report con cluded that the child named therein died as a result of: (1) Sudden Infant Death Syndrome when no autopsy was performed to confirm the diagnosis; (2) Accidental death when it appears that the death could have been prevented through intervention or supervision; (3) Any sexually transmitted disease; (4) Medical causes which could have been prevented through intervention by an agency or by seeking medical treatment; (5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious; (6) Suspected or confirmed child abuse; (7) Trauma to the head or body; or (8) Homicide.
19-1-4. (a) There is created the State-wide Child Fatality Review Panel which shall be composed as follows:
(1) One district attorney;
(2) One juvenile court judge;
(3) One citizen member who is not employed by or an officer of the state or any political subdivision thereof;
(4) One forensic pathologist;

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(5) The chairman of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Dep ment of Human Resources; and (7) The director of the Georgia Bureau of Investigation. (b) Members of the panel specified in paragraphs (1) through (4) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin July 1^ 1990, and expire June 30, 1992, and until their respective successors are appointed and qualified. Thereafter, successors to such members whose terms of office are to expire shall be appointed for terms beginning on July 1 of the year in which such terms expire and shall serve for terms of two years and until their respective successors are appointed and qualified. Vacancies in the membership of the panel so appointed shall be filled in the same manner as the original appointment for the unexpired term of office. Members of the panel specified in paragraphs (5) through (7) of subsection (a) of this Code section shall serve during the time such persons hold the offices or position specified therein. (c) Those members of the panel described in paragraphs (4) through (7) of subsec tion (a) of this Code section shall receive no additional compensation for their services on the panel but shall receive the same daily expense and travel or mileage allowance authorized for members of the General Assembly for service on interim study commit tees, which shall be payable from the department or agency of which such member js an employee or officer. The remaining members of the panel shall receive from state funds no compensation, expenses, or allowances for such services on the panel. (d) The chairman of the Board of Human Resources shall serve as chairman of the panel. The panel shall meet yearly to review the reports of committees and shall meet when requested to do so by the Governor. The chairman shall review each report sub mitted to the panel by a committee and may call a special meeting of the panel to review any report when the chairman has concluded the report warrants expedited review and has been requested by the submitting committee to make such expedited review. (e) At the end of each calendar year, the panel shall submit a report to the Governor regarding the prevalence and circumstances of child fatalities in the state, recommend measures to reduce such fatalities caused by other than natural causes, and shall address in the report the following issues: (1) Whether the deaths could have been prevented; (2) Whether the children were known to any state or local agency; (3) Whether agency intervention could have prevented their deaths; (4) Whether policy, regulatory, or statutory changes are called for as a result of these findings; and (5) Whether any referral should have been made to a law enforcement agency which was not made.
(f) The panel shall also establish procedures for the conduct of investigations by committees into deaths of children and may obtain the assistance of child protection professionals in establishing such procedures.
19-1-5. Meetings and proceedings of:
(1) A committee in the exercise of its duties shall be closed to the public and shall not be subject to Chapter 14 of Title 50, relating to open meetings;
(2) The panel shall be open to the public as long as information identifying a deceased child, any family member of the child, or alleged or suspected perpetrator of abuse upon the child is not disclosed during such meetings or proceedings, but the panel is authorized to close such meeting to the public when such identifying informa tion is required to be disclosed to members of the panel in order for the panel to carry out its duties. 19-1-6. (a) Records and other documents which are made public records pursuant to any other provisions of law shall remain public records notwithstanding their being obtained, considered, or both, by either a committee or the panel,
(b) Notwithstanding any other provision of law to the contrary, reports of a committee made pursuant to Code Section 19-1-3 and reports of the panel made pursuant to

WEDNESDAY, MARCH 7, 1990

2573

Code Section 19-1-4 shall be public records and shall be released to any person making a request therefor but the panel or committee having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse.
(c) Statistical compilations of data by a committee or the panel based upon informa tion received thereby and containing no information which would permit the identifica tion of any person shall be public records.
(d) Members of a committee or of the panel shall not disclose what transpires at any meeting other than one made public by Code Section 19-1-5 nor disclose any informa tion the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter. Any person who knowingly violates this subsection shall be guilty of a misdemeanor.
(e) A person who presents information to a committee or the panel or who is a mem ber of either body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential information obtained by such person as a result of serving as a member of either body. This subsection shall not be construed to prohibit any person from testifying regarding information obtained independently of a committee or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge.
(f) Except as otherwise provided in this Code section, information acquired by and records of a committee or the panel shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal pro ceeding.
(g) A member of a committee or the panel shall not be civilly or criminally liable for any disclosure of information made by such member as authorized by this Code sec tion."
Section 2. Nothing in this Act shall be construed to authorize or require the inspec tion of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state.
Section 3. Those provisions of this Act relating to and necessary for purposes of appointing members of the child abuse protocol committees and the State-wide Child Fatality Review Panel shall become effective when this Act is approved by the Governor or becomes law without such approval. The remaining provisions of this Act shall become effective July 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Smith of the 152nd moves to amend the Senate substitute to HB 1318 by striking lines 10 through 15 on page 2 and inserting in lieu thereof the following:
"means; provided, however, that reasonable use of traditional forms of discipline, including but not limited to ordinary spanking and paddling, shall not be deemed to be child abuse;".
Representative Oliver of the 53rd moved that the House agree to the Senate substi tute, as amended, by the House, to HB 1318
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron YAbernathy Y Adams

Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B

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JOURNAL OF THE HOUSE,

Y Barnett.M Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Carrell Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M

Y Davis.C
Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
Foster Y Godbee Y Goodwin Y Green
Y Greene Gresham Griffin
Y Groover Y Hamilton
Y Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren

Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows YMilam Y Mobley Y Moody

On the motion, the ayes were 160, nays 0. The motion prevailed.

Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter YPoston Y Powell
YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T

Y Smith, W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend
Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall YWare
Y Watson Y Watts
White Y Wilder Y Williams,B
WiUiams,J Y Yates
Y Yeargin Murphy,Spkr

HB 1319. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for defi nitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to child abuse records, so as to provide for definitions; to change the per sons having access to such records and information contained therein and provide conditions for certain disclosures; to prohibit certain conduct relating to such records and information contained therein and provide penalties therefor; to provide immunity for cer tain disclosures; to prohibit certain information from being made a part of records which are open to the public and provide an exception; to limit certain inspections of records or release of information which would result in loss of federal funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to child abuse records, is amended by striking Code Section 49-5-40, declar ing certain records to be confidential, and inserting in its place a new Code section to read as follows:
"49-5-40 (a) As used in this article, the term:

WEDNESDAY, MARCH 7, 1990

2575

(1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means:
(A) Any physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, that discipline adminis tered for the purpose of correcting the child's behavior shall not be presumed to be child abuse when it is reasonable in manner and moderate in degree, with considera tion for the age, size, and condition of the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child. (4) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (b) Each and every record concerning reports of child abuse and neglect and child controlled substance or marijuana abuse which is in the custody of the department or other state or local agency is declared to be confidential, and access thereto is prohibited except as provided in Code Section 49-5-41 and Code Section 49-5-41.1."
Section 2. Said article is further amended by striking Code Section 49-5-41, relating to persons permitted access to child abuse records, and inserting in its place the following:
"49-5-41. (a) Notwithstanding Code Section 49-5-40, the following persons or agen cies shall have reasonable access to such records concerning reports of child abuse and deprivation:
(1) A legally mandated, public or private, child protective agency of this state or any other state bound by similar confidentiality provisions and requirements which is investigating a report of known or suspected child abuse er deprivation or treating a child or family which is the subject of a report or record;
(2) A court, by subpoena, upon its finding that access to such records may be nec essary for determination of an issue before such court; provided, however, that the court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence;
(3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; and
(4) A district attorney of any judicial circuit in this state or any assistant district attorney who may seek such access in connection with official duty; ;
(5) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child con cerning whom the report was made, shall disclose only whether the investigation by the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report;
(6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding a deceased child when such per son specifies the identity of the child, but such access shall be limited to a disclosure regarding whether there is such an ongoing or completed investigation of such death and, if completed, whether child abuse was confirmed or unconfirmed; and
(7) The State Personnel Board, by administrative subpoena, upon a finding by a State Personnel Board administrative hearing officer that access to such records may be necessary for a determination of an issue involving departmental personnel, pro vided that only those parts of the record relevant to the personnel action shall be dis closed. The name of any complainant or client shall not be identified nor entered into the record. (b) (1) Notwithstanding Code Section 49-5-40, the juvenile court in the county in which are located any department or county board records concerning reports of child

2576

JOURNAL OF THE HOUSE,

abuse, after application for inspection and a hearing on the issue, shall permit inspec tion of such records by or release of information from such records to individuals or entities who are engaged in legitimate research for educational, scientific, or public purposes and who comply with the provisions of this subsection. When those records are located in more than one county, the application may be made to the juvenile court of any one such county. A copy of any application authorized by this subsection shall be served on the nearest office of the department. In cases where the location of the records is unknown to the applicant, the application may be made to the Juve nile Court of Fulton County.
(2) The juvenile court to which an application is made pursuant to paragraph (1) of this subsection shall not grant the application unless:
(A) The application includes a description of the proposed research project, including a specific statement of the information required, the purpose for which the project requires that information, and a methodology to assure the information is not arbitrarily sought;
(B) The applicant carries the burden of showing the legitimacy of the research project; and
(C) The applicant agrees, and the court so orders the applicant, not to disclose: (i) The name, address, or other identifier of a child; (ii) Information which would identify individuals who were investigated but
not charged with or prosecuted for a crime or who were reporters of child abuse; or
(iii) Information which would prove personally embarrassing to individuals who were not targets of any investigation unless the juvenile court determines that exceptional interests militate in favor of disclosure but any agreement order pursuant to this subparagraph shall not apply to informa tion obtained from other than the records to which the applicant is afforded access under this subsection.
plicant fails to conduct a research project in accordance with the research application submitted pursuant to this subsection or fails to comply with subparagraph (C) of paragraph (2) of this subsection, the court issuing the order under that paragraph (2) may terminate access, impose other restrictions, hold the applicant in contempt of court, or impose any combination of such sanctions.
(4) Notwithstanding the provisions of this subsection, access to the child abuse registry created pursuant to Article 8 of this chapter shall not be permitted except as allowed by Article 8 of this chapter.
{b} (c) The department or a county or other state or local agency may permit access to such records concerning reports of child abuse and deprivation and may release infor mation from such records to the following persons or agencies when deemed appropriate by such department:
(1) A physician who has before him a child whom he reasonably suspects may be abused er deprived;
(2) Police or any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected child abuse er deprivation;
(3) A person legally authorized to place a child in protective custody when such person has before him a child he reasonably suspects may be abused er deprived and such person requires the information in the record or report in order to determine whether to place the child in protective custody; and
(4) An agency or person^ ethef than a child's parent er guardian, having the legal custody, responsibility, or authorization to care for, treat, or supervise the child who is the subject of a report or record; j
(5) An agency, facility, or person having responsibility or authorization to assist in making a judicial determination for the child who is the subject of the report or record of child abuse, including but not limited to members of officially recognized cit izen review panels, court appointed guardians ad litem, certified Court Appointed Spe cial Advocate (CASA) volunteers who are appointed by a judge of a juvenile court to

WEDNESDAY, MARCH 7, 1990

2577

act as advocates for the best interest of a child in a juvenile proceeding, and members of a county child abuse protocol committee or task force;
(6) A legally mandated public child protective agency or law enforcement agency of another state bound by similar confidentiality provisions and requirements when, during or following the department's investigation of a report of child abuse, the alleged abuser has left this state;
(7) A child welfare agency, as defined in Code Section 49-5-12, or a school where the department has investigated allegations of child abuse made against any employee of such agency or school and any child remains at risk from exposure to that employee;
(8) An employee of a school or employee of a child welfare agency, as defined in Code Section 49-5-12, against whom allegations of child abuse have been made, when the department has been unable to determine the extent of the employee's involve ment in alleged child abuse against any child in the care of that school or agency. In those instances, upon receiving a request and signed release from the employee, the department may report its findings to the employer; and
(9) Any person who has an ongoing relationship with the child named in the record or report of child abuse any part of which is to be disclosed to such person but only if that person is required to report suspected abuse of that child pursuant to subsection (b) of Code Section 19-7-5, as that subsection existed on January t, 1990."
Section 3. Said article is further amended by striking Code Section 49-5-44, relating to penalties for allowing unauthorized access to certain records, and inserting in its place a new Code section to read as follows:
"49-5-44. (a) Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse and deprivation declared confidential by Code Section 49-5-40 shall be guilty of a misde meanor.
(b) Any person who knowingly and under false pretense obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized in this article or Code Section 19-7-5 shall be guilty of a misdemeanor.
(c) Records made confidential by Code Section 49-5-40 and information obtained from such records may not be made a part of any record which is open to the public except that a district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse."
Section 4. Said article is further amended by adding at the end a new Code section to read as follows:
"49-5-46. The department or any agency and employees of either providing access to or disclosure of records or information as authorized by Code Section 49-5-41 shall have no civil or criminal liability therefor."
Section 5. This Act shall not authorize or require the inspection of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 152nd moves to amend the Senate substitute to HB 1319 by striking lines 1 through 6 on page 2 and inserting in lieu thereof the following:
"means; provided, however, that the reasonable use of traditional forms of discipline, including but not limited to ordinary spanking or paddling, shall not be deemed to be child abuse;".

2578

JOURNAL OF THE HOUSE,

Representative Oliver of the 53rd moved that the House agree to the Senate substi tute, as amended by the House, to HB 1319.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron
Y Barnett,B Y Bamett,M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Clark.H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Di*on,H Y Diion,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Y Linder YLong
Lord Y Lucas Y Lupton Y Mangum
Y Martin YMcCoy
McDonald Y McKelvey

On the motion, the ayes were 156, nays 0. The motion prevailed.

McKinney,B McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham Y Fairish Y Patten
Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson
YRoyaJ YSehnan Y Simpson
Sinkfield

Y Smith,L Y Smith,P
Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y StanciLS
Y Stanley YSteele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas,M
Thompson Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Walker.C Y Walker,L Y Wall YWare Y Watson Y Watts White Y Wilder Y Williams.B
WiUiams,J Y Yates Y Yeargin
Murphy,Spkr

Representative Cummings of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The following Senate substitute was read:

A BILL
To amend Code Section 20-2-168, relating to the minimum school year, so as to pro vide that each local board of education shall adopt an annual school year of 184 days; to provide for the cancellation of four such days under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 7, 1990

2579

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-168, relating to the minimum school year, is amended by striking in its entirety paragraph (1) of subsection (c) and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Except as otherwise provided in this Code section, public elementary and sec ondary schools of this state receiving state aid under this article shall provide each eligi ble student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, and shall define the length of the school day. Each local board of education shall annually adopt a school calendar for the ensuing school year which shall consist of 184 days for stu dents; provided, however, that four of these days shall be available to local school sys tems for the purpose of reducing the number of days in the student calendar while the school year is in progress as a result of weather conditions, emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In the event that a local board does not experience such circumstances which necessitate the cancellation of ug to four days, the local board may cancel up to four student days regardless of whether they are needed for the conditions stated in this paragraph. A local board may, when initially setting its calendar for the ensuing school year, designate the dates of up to four student days which will be canceled for students m the event that excused days are not needed for such extraordinary circumstances. Nothing in this paragraph or in any other law shall be construed to require a local school system to pro vide more than 180 days for students in a school year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Holcomb of the 72nd moved that the House disagree to the Senate substitute to HB 951.
The motion prevailed.

Representative Jackson of the 83rd arose to a point of personal privilege and addressed the House.

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 979 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

2580

JOURNAL OF THE HOUSE,

HB 1523.

By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.

The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 1316.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.

The Senate adheres to its disagreement to the House amendment to the Senate amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the House:

HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circum stances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Har bor on December 7, 1941.

The President has appointed on the part of the Senate the following: Senators Burton of the 5th, Barnes of the 33rd and Tysinger of the 41st.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the juris diction, powers, duties, authority, and control of the Public Service Commis sion shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the con struction and operation of rapid rail passenger service lines generally.

The following Senate substitute was read:

A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, so as to change the amount and time of payment of certain special fees paid by corporations and utilities subject to jurisdiction of the Public Service

WEDNESDAY, MARCH 7, 1990

2581

Commission; to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and per sons or private companies operating such lines in this state; to provide an exception; to define a certain term; to require a person to obtain a permit from the Public Service Com mission prior to the operation of a rapid rail passenger service line; to authorize the Public Service Commission to promulgate rules and regulations with respect to applications for permits and the establishment of guidelines and standards which an applicant must com ply with prior to being issued a permit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, is amended by striking subsections (a) and (b) of Code Sec tion 46-2-10, relating to payment of a special fee by corporations and utilities subject to jurisdiction of the Public Service Commission, and inserting in their place new subsections (a) and (b), respectively, to read as follows:
"(a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value of its property, as ascertained by the last preceding state tax assessment, and shall be appor tioned among such public service corporations or utilities upon the basis of such valua tion so as to produce a revenue of $860,000.00 $1.2 million per annum,
(b) (1) Not later than December 1 ef each year, 1990, the state revenue commis sioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20 <rf th following yew , 1991. Such sum of $860,000.00 $1.2 mil lion shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission.
(2) Effective January lj 1991, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1.2 million shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission."
Section 2. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 46-2-20, relating to the jurisdiction of the Public Service Commis sion generally, and inserting in lieu thereof new subsections (a) and (d) to read as follows:
"(a) Except as otherwise provided by law, the commission shall have the general supervision of all common carriers, express companies, railroad or street railroad compa nies, dock or wharfage companies, terminal or terminal station companies, telephone and telegraph companies, and gas or electric light and power companies, and persons or pri vate companies who operate rapid rail passenger service lines within this state; provided, however, that nothing in this subsection shall be deemed to extend the jurisdiction of the commission to include the operations of the Metropolitan Atlanta Rapid Transit Authority created in an Act approved March 10, 1965 (Ga. L. 1965, rj. 2243), as amended."
"(d) The commission may require common carriers and persons or private companies who operate rapid rail passenger service lines to publish their schedules in newspapers of towns through which their lines extend, in such manner as may be reasonable and as the public convenience demands."
Section 3. Said title is further amended by adding between Chapters 8 and 9 a new Chapter 8A to read as follows:
"CHAPTER 8A
46-8A-1. As used in this chapter, the term 'person' means any corporation, company, firm, association, or individual operating a public rapid rail passenger service line in this

2582

JOURNAL OF THE HOUSE,

state, provided that said term shall not include any public corporation or governmental entity.
46-8A-2. Except as provided in Code Section 46-8A-4, no person shall operate any rapid rail passenger service line or system or any extension thereof in this state without first obtaining a permit from the Public Service Commission. The commission shall grant a permit to any person who complies with the guidelines and standards established by the commission.
46-8A-3. The application for any permit provided for in Code Section 46-8A-2 shall be made under such rules and regulations as the commission may from time to time pre scribe. Upon the receipt of any such application for such permit, the commission shall cause notice thereof to be given by mail or by personal service to the chief executive officer of the municipalities affected, if any, and shall publish such notice once a week for three consecutive weeks in a newspaper of general circulation in each county affected.
46-8A-4. This Code section shall not be construed to require any person to secure a permit for an extension of a rapid rail passenger service line or system into territory contiguous to that already served by that person and not receiving similar service from another person if no permit has been issued to or applied for by any other person."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Pettit of the 19th moves to amend the Senate substitute to HB 1763 by inserting between "Commission;" and "to" on line 6 page same as original 1 the following:
"to repeal certain provisions regarding appeals of certain state tax assessments;".
By striking "subsections (a) and (b) of from lines 22 and 23 of page 1.
By striking "their place new subsections (a) and (b), respectively," from line 26 of page 1 and inserting in its place "its place a new Code Section 46-2-10".
By striking "(a)" from line 1 of page 2 and inserting in its place "46-2-10. (a)".
By striking lines 7 through 11 of page 2 which read as follows:
"utilities according to the value of its property, as ascertained by the last preceding state tax assessment, and shall be apportioned among such public service corporations or utilities upon the basis of such valuation so as to produce a revenue of $860,000.00 $1.2",
and inserting in its place the following:
utilities according to tnc value of its property, as ascertained Dy tnc last preceding state tax assessment, and shaH fee apportioned among such public service corporations or utilities upon th basis ef such valuation in proportion to the intrastate gross reve nues of each of such corporations or utilities produced by rates regulated by the com mission for the calendar year next preceding that in which the assessments are made so as to produce a revenue of $850,000.00 $1.2".
By striking the quotation marks at the end of line 32 of page 2 and by inserting immediately following line 32 of page 2 the following:
\c) itt trie even* 8 public service corporfttiOH of utility ftppcftls its Isst preceding state tax assessment, the final outcome ef- such aft appeal shatt be the basis for- a revised apportionment ef fees which w4H be applied toward future public acrvicc corporation fee assessments. In case of default in payment by any public service corporation or utility of the fee provided for in this Code section, the state revenue commissioner shall pro ceed to collect the same in the same manner as franchise taxes are collected.'"

WEDNESDAY, MARCH 7, 1990

2583

Representative Alford of the 57th moved that the House agree to the Senate substi tute, as amended by the House, to HB 1763.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Buford
YByrd Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Y Clark,B Y Clark,H
Clark,L Coleman Y Colwell Y Connell Y Couch Y Cravrford
Y Crosby Y Cummings,B
Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Diion.H
Y Diion,S Dobbs
Y Dover Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Ylsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R
YLangford Y Lawrence Y Lawson YLee
Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman
Simpson Y Sinkfield

Y Smith.L Y Smith,P
Smith.T Y Smith,W
YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Thompson Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Y Ware Y Watson
Y Watts White
Y Wilder Y WiUiams,B
Williams^ Yates Y Yeargin Murphy,Spkr

On the motion, the ayes were 153, nays 0. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms.

Representative Dunn of the 73rd moved that the House insist on its position in sub stituting SB 662.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

2584

JOURNAL OF THE HOUSE,

SB 750. By Senator Stumbaugh of the 55th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the availability in individual and group accident and sickness insurance policies of coverage for mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits.

Representative Holcomb of the 72nd moved that the House insist on its position in substituting SB 750.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 204. By Senators Phillips of the 9th, Peevy of the 48th and Edge of the 28th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled sub stances and marijuana, so as to create a new criminal offense of possessing, manufacturing, delivering, distributing, dispensing, administering, selling, or possessing a controlled substance or marijuana while on or in proximity to school property or a school bus stop.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal offenses involving controlled substances and marijuana, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education; to provide for penal ties; to provide for nonmerger of offenses and the admittance of evidence; to provide for affirmative defenses to prosecution; to provide for related matters; to provide for an effec tive date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal offenses involving controlled substances and marijuana, is amended by adding after Code Section 16-13-32.3 a new Code Section 16-13-32.4 to read as follows:
"16-13-32.4. (a) It shall be unlawful for any person to manufacture, distribute, dis pense, or possess with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education.
(b) Any person who violates or conspires to violate subsection (a) of this Code sec tion shall be guilty of a felony and upon conviction shall receive the following punish ment:
(1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000, or both; or
(2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000, or both. It shall be

WEDNESDAY, MARCH 7, 1990

2585

mandatory for the court to impose a minimum sentence of five years which may not be suspended unless otherwise provided by law. A sentence imposed under this Code section shall be served consecutively to any other sentence imposed. (c) A conviction arising under this Code section shall not merge with a conviction arising under any other provision of this article. (d) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school purposes at the time of the offense; or (3) The offense took place on a school vehicle. (e) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the munic ipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county. (f) A county school board may adopt regulations requiring the posting of signs desig nating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Drug-free School Zones.' (g) It is an affirmative defense to prosecution for a violation of this Code section that the prohibited conduct took place entirely within a private residence, that no per son 17 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct was not carried on for purposes of financial gain. Nothing in this subsection shall be construed to establish an affirmative defense with respect to any offense under this chapter other than the offense provided for in subsection (a) of this Code section."
Section 2. This Act shall become effective July 1, 1990, and shall apply to criminal offenses committed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken YAlford Y Alien
Athon Atkins Y Bailey Y Baker Y Balkcom Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beck YBenefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove
Brooks Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark.H Y Clark.L
Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M

Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Telton Y Fennel

2586

JOURNAL OF THE HOUSE,

YFloyd,J.M Y FloycU.W Y Foster YGodbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Hasty Y Heard
Herbert YHolcomb Y Holland Y Holmes Y Hooks YHowren Y Hudson Y Irwin
Isakson

Y JacksonJ Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under Y Long
Lord Y Lucas Y Lupton YMangum N Martin YMcCoy
McDonald Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley
Y Moody Y Morton Y Moultrie Y MueUer Y Oliver.C
Oliver,M Y Orr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Y Pinkston
Poag Y Porter Y Poston Y Powell

Randall Ransom Y Ray Y Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith.T Y Smith,W Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Steele
Stephens Streat

Y Teper Y Thomas,C Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y WiUiams,B WiUiams^I Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its amendment to the following Bill of the House:

HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Anno tated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 2055. By: Representative Jenkins of the 80th:

A BILL to amend an Act incorporating the City of Culloden in the County of Monroe, so as to provide for the elections and terms of members of the city council; and for other purposes.

The following Senate amendment was read:

Amend HB 2055 by striking "following" from line 20 of page 1 and inserting in its place "following their".
By inserting "until their" between "and" and "successors" on line 21 of page 1.
By striking "a" on line 2 of page 2 and inserting in its place "his".

WEDNESDAY, MARCH 7, 1990

2587

By inserting "their" between "until" and "successors" on line 10 of page 2. By striking "until" from line 26 of.page 2 and inserting in its place "until their".

Representative Jenkins of the 80th moved that the House agree to the Senate amend ment to HB 2055.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 553. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical mal practice claims involving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for legislative findings; to provide for definitions.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to create the Governor's Com mission on Obstetrics; to provide for the membership, powers, duties, chairman, meetings, per diem, and expenses of the commission; to provide for recommendations and reports; to provide for time limits; to provide for the termination of the commission and the repeal of laws relating to the commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Anno tated, relating to arbitration in medical malpractice claims, is amended by adding at the end thereof a new Code Section 9-9-84 to read as follows:
"9-9-84. (a) The General Assembly finds and declares that: (1) The health and well-being of Georgians is a major concern of the General
Assembly; (2) There has been a significant decrease in the number of physicians who practice
obstetrics and who deliver babies; and (3) Prompt action, after a thorough investigation of all facets of this problem, is
needed to ensure adequate medical care for mothers and their children, (b) There is created the Governor's Commission on Obstetrics. The commission shall be composed of 19 members. Thirteen members shall be appointed by the Governor as follows:
(1) Three members shall be female citizens of this state who are not affiliated with the medical profession, the health care industry, or the insurance industry, provided that in making these appointments the Governor shall consider nominations from the League of Women Voters of Georgia, the Black Women's Health Project, the Women's Policy Group, and the Continuum Alliance for Healthy Mothers and Children;
(2) Three members shall be physicians chosen from a list recommended by the Medical Association of Georgia;
(3) Three members shall be attorneys chosen from a list recommended by the State Bar of Georgia;

2588

JOURNAL OF THE HOUSE,

(4) One member shall be a certified nurse-midwife chosen from a list recom mended by the Georgia Chapter of the American College of Nurse-Midwives;
(5) One member shall be a representative of the Georgia Hospital Association; (6) One member shall be a representative of the insurance industry with experi ence and expertise in liability insurance coverage; and (7) One member shall be a certified registered nurse anesthetist from a list recom mended by the Georgia Association of Certified Registered Nurse Anesthetists. Three members shall be members of the House of Representatives appointed by the Speaker of the House of Representatives. Three members shall be members of the Sen ate appointed by the President of the Senate. The Governor shall designate one member of the commission as chairman of the commission. The chairman shall call all meetings of the commission. (c) The commission shall undertake a study of all problems and conditions relative to the provision of obstetrical care for the citizens of this state. The commission shall seek solutions to the obstetrical crisis. The commission shall recommend any actions or legislation which the commission deems necessary or appropriate. The commission shall make a report of its findings and recommendations, with suggestions for proposed legis lation, if any, on or before December 1, 1990. (d) While engaged in the duties of the commission, the legislative members of the commission shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees. Such members shall receive such expenses and allowances from the funds of the legislative branch of state government. (e) The commission may conduct such meetings at such places within the state and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. (f) The commission created by this Code section shall stand abolished on December 1, 1990, and this Code section is repealed effective on December 1, 1990."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Linder of the 44th moves to amend the Committee substitute to SB 553 as follows:
By placing a period after the word "industry" on page 2 line 8 and striking the remainder of the paragraph.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron
Y Abernathy Y Adams Y Aiken
Alford Y Alien N Athon
Y Atkins N Bailey
Baker N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Barnett,M

N Bates
YBeck
N Benefleld Benn Birdsong
N Bishop Bostick
Y Branch Y Breedlove
Brooks Y Brown NBuck N Buford
NByrd Y Campbell N Carrell

N Carter
N Chambless Chance
Y Cheeks N Childers
Clark,B Y Clark,H
N Clark,L Coleman Colwell Connell
N Couch N Crawford
N Crosby N Cummings,B
Cumming8,M

Y Davis,C N Davis,G
Y Davis,M N Dixon,H
Dixon.S Dobbs N Dover Dunn N Edwards YEhrhart Y Felton N Fennel N Floyd^.M N Floyd,J.W Y Foster N God bee

Y Goodwill
Y Green N Greene
Gresham Y Griffin N Groover N Hamilton
Manner N Harris
Y Hasty Y Heard N Herbert N Holcomb N Holland Y Holmes Y Hooks

WEDNESDAY, MARCH 7, 1990

Y Howren Y Hudson NIrwin Ylsakson N Jackson,J N Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Kilgore Y Kingston NLane,D YLane,R
Langford Y Lawrence N Lawson NLee Y Linder N Long

NLord
Lucas
Lupton N Mangum N Martin YMcCoy
McDonald
N McKelvey McKinney,B
Y McKinney.C Y Meadows YMilam
Y Mobley N Moody YMorton N Moultrie Y MueUer N Oliver.C
Oliver.M NOrr

NOrrock
Y Padgett NPannell N Parham N Parrish
Patten N Pettit
Pinkston YPoag Y Porter N Poston N Powell NRandaU
Y Ransom YRay
Reaves Redding
N Richardson
Ricketson N Robinson

Royal NSelman
Y Simpson N Sinkfield N Smith,L N Smith,?
N Smith,T Y Smith.W
Smyre YSnow N Stancil,F
Stancil,S
Y Stanley YSteele N Stephens
Streat NTeper Y Thomas,C
N Thomas,M Y Thompson

On the adoption of the amendment, the ayes were 65, nays 73. The amendment was lost.

2589
Y Thurmond Y Titus Y Tolbert
Townsend Twiggs Y Vaughan Y Waddle Y Walker.C WalkerJL Y Wall N Ware Watson N Watts White Y Wilder Y Williams.B Williams.J Y Yates Yeargin Murphy,Spkr

The following amendment was read:
Representative MueUer of the 126th moves to amend the Committee substitute to SB 553 as follows:
Page 2 line 13 change ; to , and add "Mothers Against Drunk Driving, concerned Women for America;".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien N Athon
Atkins N Bailey
Baker N Balkcom Y Bannister N Barfoot N Bargeron N Bamett,B Y Barnett,M N Bates
Beck N Benefield
Benn Birdsong N Bishop N Bostick N Branch Y Breedlove Brooks Y Brown NBuck N Buford YByrd Y Campbell YCarrell
N Carter N Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Coleman Colwell
Connell Y Couch N Crawford N Crosby N Cummings,B Y Cummings,M Y Davis,C N Davis,G Y Davis.M N Diion.H Y Don,S NDobbs N Dover
Dunn N Edwards YEhrhart Y Felton N Fennel Y FloydJ.M N Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green N Greene
Gresham Y Griffin N Groover
Hamilton Hanner

N Harris
N Hasty Y Heard N Herbert N Holcomb N Holland N Holmes Y Hooks Y Howren N Hudson NIrwin Ylsakson N Jackson.J N Jackson.W Y Jamieson Y Jenkins
Johnson N Jones Y Kilgore Y Kingston NLane,D Y Lane.R N Langford Y Lawrence
N Lawson NLee Y Linder NLong YLord
Lucas Y Lupton
Mangum N Martin NMcCoy Y McDonald Y McKelvey

McKinney.B
Y McKinney.C N Meadows NMilam
N Mobley Y Moody Y Morton Y Moultrie Y MueUer N Oliver.C N OUver,M NOrr NOrrock Y Padgett YPannell N Parham NParrish
Patten
N Pettit Pinkston
YPoag N Porter NPoston N Powell YRandaU Y Ransom
YRay Reaves Redding
N Richardson Ricketson
N Robinson N Royal NSelman Y Simpson N Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow NStancil.F
Stancil,S Y Stanley YSteele N Stephens
S treat NTeper N Thomas.C N Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker,C
Walker.L Y Wall N Ware N Watson Y Watts
White Y Wilder Y WiUiams.B
Williams^ N Yates N Yeargin
Murphy,Spkr

2590

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 75, nays 73. The amendment was adopted.

Representative Chambless of the 133rd moved that the House reconsider its action in adopting the Mueller amendment.
On the motion, the roll call was ordererd and the vote was as follows:

Y Aaron Y Abernathy N Adams N Aiken
Y Alford N Alien Y Athon
N Atkins Bailey
Baker Balkcom N Bannister Y Barfoot Y Bargeron Y Barnett,B N Barnett,M Y Bates
YBeck N Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks N Brown
YBuck Y Buford
NByrd N Campbell Y Carrell
Y Carter Y Chambless
N Chance N Cheeks

Y Childers
Clark.B N Clark.H
Y Clark.L Coleman
Y Colwell Connell
N Couch Y Crawford N Crosby Y Cummings.B Y Cummings,M N Davis.C
Davis.G N Davis,M
Dixon,H N Dixon.S Y Dobbs N Dover
Dunn Y Edwards N Ehrhart N Felton Y Fennel N Floyd,J.M N Floyd,J.W N Foster N God bee N Goodwin
Green Y Greene
Gresham N Griffin Y Groover
Hamilton Manner

N Harris Y Hasty N Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks N Howren
N Hudson Y Irwin N Isakson Y Jackson,J
Jackson.W N Jamieson
Jenkins Johnson N Jones Y Kilgore Y Kingston N Lane,D N Lane,R N Langford N Lawrence Y Lawson Y Lee N Linder
YLong YLord Y Lucas N Lupton Y Mangum Y Martin
McCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley
N Moody N Morton Y Moultrie N Mueller
Y Oliver.C Y Oliver,M YOrr YOrrock N Padgett N Pannell YParham Y Parrish
Patten Y Pettit
Pinkston NPoag Y Porter Y Poston Y Powell
Randall N Ransom NRay N Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L N Smith.P N Smith.T N Smith, W Y Smyre N Snow Y Stancil.F N Stancil.S N Stanley
NSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Thompson N Thurmond N Titus N Tolbert N Townsend
Twiggs N Vaughan N Waddle Y Walker.C
Walker,L N Wall Y Ware Y Watson N Watts
White N Wilder N Williams.B
Williams.J N Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 82, nays 68. The motion prevailed.

On the re-adoption of the Mueller amendment, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy
Y Adams Aiken
N Alford Y Alien N Athon
Y Atkins Bailey Baker
N Balkcom Y Bannister N Barfoot N Bargeron N Barnett,B Y Barnett,M N Bates
NBeck

Y Benefield
Benn Birdsong
N Bishop N Bostick N Branch Y Breedlove N Brooks Y Brown
NBuck N Buford YByrd Y Campbell N Carrell N Carter N Chambless
Y Chance Y Cheeks

Y Childers N Clark,B Y Clark,H
Clark.L Coleman Y Colwell Connell Y Couch N Crawford
Y Ciosby Y CummingSjB Y Cummings,M Y Davis.C Y Davis.G Y Davis.M N Dixon.H Y Dixon,S
Dobbs

Y Dover Dunn
N Edwards
YEhrhart Felton
N Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
N God bee YGoodwin N Green N Greene Y Gresham Y Griffin
N Groover Hamilton
YHanner

N Harris N Hasty Y Heard
N Herbert N Holcomb N Holland N Holmes Y Hooks Y Howren Y Hudson N Irwin Ylsakson N Jackson.J N Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones

WEDNESDAY, MARCH 7, 1990

N Kilgore Y Kingston YLane,D YLane.R Y Langford Y Lawrence N Lawson NLee Y Linder N Long YLord N Lucas Y Lupton
Mangum N Martin Y McCoy Y McDonald Y McKelvey

N McKinney.B
Y McKinney.C N Meadows
NMilam N Mobley
Y Moody Y Morton Y Moultrie
Y Mueller N Oliver.C N Oliver.M NOrr N Orrock
Y Padgett Y Pannell NParham N Parrish
Patten

N Pettit
Pinkston
YPoag N Porter N Poston N Powell
YRandall Y Ransom
YRay Y Reaves N Redding N Richardson N Ricketson N Robinson N Royal N Selman Y Simpson
N Sinkfield

On the motion, the ayes were 87, nays 72.

The Mueller amendment was adopted.

Smith, I.
Y Smith,?
Y Smith.T Y Smith.W N Smyre YSnow N Stancil,F Y Stancil,S Y Stanley
Steele N Stephens Y Streat NTeper N Thomas,C N Thomas,M Y Thompson
Y Thurmond
Y Titus

2591
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall N Ware N Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates N Yeargin
Murphy,Spkr

The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abemathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck Y Benefield
Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd
Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell
Y Couch Y Crawtord
Y Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G Y Davis,M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Dunn N Edwards YEhrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee
Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert
Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R
Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
Y McDonald Y McKelvey

Y McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton Y Moultrie Y MueUer Y Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett Y Pannell YParham YParrish
Patten
Y Pettit Pinkston
YPoag Y Porter
Y Poston Y PoweU YRandall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
YSteele Y Stephens YStreat YTeper Y Thomas.C Y Thomas,M Y Thompson
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams,B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

2592

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Anno tated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.

Representative Poston of the 2nd moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1228 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Poston of the 2nd, Groover of the 99th and Thomas of the 69th.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 534. By Senators Ray of the 19th, Gillis of the 20th and English of the 21st:
A bill to amend Code Section 27-1-5 of the Official Code of Georgia Anno tated, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources; to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to provide that a petition for judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court.

The following Committee amendment was read and withdrawn:

Amend Senate Bill 534 on page 5, line 7 by striking:
"Section 3. This Act shall become effective on July 1, 1990, and shall apply to all decisions of an administrative law judge of the Board of Natural Resources issued on or after July 1, 1990."
And insert in lieu thereof:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all decisions of an administrative law judge of the Board of Natural Resources issued on or after the effective date of this Act, and to all matters that are pending as of the effective date of this Act, including such matters as are the subject of an appeal or judicial review and such appeal or judicial review is in process; provided, however, with regard to matters pending as of the effective date of this Act, if the case has already been the subject of a hearing of the Final Decision of the Board shall be considered affirmed by operation of law if no order of the court dispositive of the issues presented for review has been entered within 30 days of the effective date of the Act; and provided, further, with

WEDNESDAY, MARCH 7, 1990

2593

regard to matters pending as of the effective date of this Act, if the case has not been the subject of a hearing, the initial 90-day period as set forth in subsection 2(c) of this Act shall begin to run as of the effective date of this Act."

The following amendment was read and adopted:

Representatives Crosby of the 150th and Dixon of the 151st move to amend SB 534 by adding in the title on line 16 of page 1 between the first semicolon and the word "to" the following:
"to amend Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facili ties, so as to provide that upon the approval, modification, or revocation of a permit for handling solid waste, and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal facility or site is located or to be located;".
By adding between lines 6 and 7 on page 5 a new Section 3 to read as follows:
"Section 3. Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facili ties, is amended by adding at the end thereof a new subsection (h) to read as follows:
'(h) Upon the approval, modification, or revocation of a permit pursuant to this Code section and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal facility or site is located or to be located.'"
By renumbering Sections 3 and 4 on page 5 as Sections 4 and 5, respectively.

The following amendment was read:
Representatives Patten of the 149th and Porter of the 119th move to amend SB 534 by striking lines 7 through 10 of page 5 and inserting in lieu thereof the following:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all matters that are pending as of its effective date, including such matters as are the subject of an appeal or judicial review and such appeal or judicial review is in process only if the court in which they are pending and counsel for the petitioner for review are specifically noti fied of the passage of this Act."
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Aaron Y Abernathy
Y Adams Y Aiken Y Alford
Y Alien Athon
N Atkins Y Bailey Y Baker YBalkcom
N Bannister Y Barfoot
Bargeron N Bamett,B YBamett,M
Bates

Beck Y Benefield
Y Benn N Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck
Y Buford Y Byrd Y Campbell N Carrell Y Carter Y Chambless

Y Chance Y Cheeks
Y Childers Clark,B
N Clark,H
Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford
Y Crosby Cummings,B Cummings.M
Y Davis.C Y Davis.G Y Davis.M

Y Diion.H Y Diion,S
Dobbs Y Dover
Dunn
Y Edwards N Ehrhart Y Felton N Fennel Y Floyd,J.M Y FloydJ.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham

Y Griffin Y Groover
Y Hamilton Y Banner Y Harris
N Hasty Y Heard Y Herbert Y Holcomb N Holland Y Holmes
Y Hooks N Howren Y Hudson Y Irwin N Isakson Y Jackson.J

2594
Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore N Kingston Y Lane,D
Lane.R Y Langford Y Lawrence Y Lawson YLee N Linder
Long Lord Y Lucas Y Luptun Y Mangum

JOURNAL OF THE HOUSE,

Y Martin
N McCoy McDonald
Y McKelvey McKinney,B
N McKinney.C
Y Meadows Milam
Y Mobley
Y Moody N Morton Y Moultrie
N Mueller Y Oliver.C Y Oliver.M NOrr
N Orrock
Y Padgett Y PanneU

Y Parham Y Parrish
Patten
Y Pettit Pinkston
NPoag Y Porter N Poston Y PoweU
YRandall Y Ransom
YRay Y Reaves
Y Redding Richardson
Y Ricketson Robinson
Y Royal Y Selman

Y Simpson Sinkfield
Y Smith,L Y Smith.P Y Smith.T
Smith,W
Smyre NSnow Y Stancil,F N Stancil,S Y Stanley
YSteele Stephens Streat
NTeper
Thomas,C Y Thomas,M N Thompson Y Thurmond

Y Titus Y Tolbert Y Townsend
Twiggs N Vaughan Y Waddle
Y Walker.C Walker.L
Y WaU
Y Ware Y Watson
Y Watts White
N Wilder Y Williams,B
WiUiams,J
N Yates Y Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 117, nays 29. The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Aaron
Y Abernathy Y Adams N Aiken
Y Alford Y AUen Y Athon
N Atkins Y Bailey Y Baker Y Balkcom N Bannister YBarfoot
Bargeron N Barnett,B Y Barnett,M
Bates YBeck Y Benefield
YBenn Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd N Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B N Clark,H Y Clark.L Y Coleman
Colwell Y ConneU
Y Couch Y Crawford Y Crosby
Cummings,B Cummings,M Y Davis,C Y Davis,G N Davis.M Y Dkon.H Y Dixon,S Dobbs Y Dover Dunn
Y Edwards NEhrhart N Felton
Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Hamilton Y Manner

Y Harris
N Hasty Y Heard Y Herbert Y Holcomb N Holland Y Holmes
Hooks
N Howren
Y Hudson Ylrwin NIsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore
N Kingston
YLane,D YLane.R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas N Lupton
Y Mangum Y Martin
NMcCoy McDonald
Y McKelvey

McKinney,B
N McKinney.C
Y Meadows Milam
Y Mobley Y Moody NMorton Y Moultrie
N Mueller Y Oliver.C Y Oliver.M NOrr NOrrock
Y Padgett Y PanneU YParham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter N Poston Y PoweU YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith.T
Smith.W Smyrc N Snow Y Stancil,F
N Stancil,S
Y Stanley NSteele Y Stephens
Streat NTeper
Thomas,C Y Thomas.M Y Thompson
N Thurmond
Y Titus N Tolbert N Townsend
Twiggs N Vaughan Y Waddle Y Walker.C
Walker.L
N Wall Y Ware Y Watson Y Watts
White N Wilder Y Williams.B
WiUiams.J
N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 117, nays 34.
The Bill, having received the requisite constitutional majority, was passed, amended.

WEDNESDAY, MARCH 7, 1990

2595

Representative Thompson of the 20th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 696. By Senators Baldwin of the 29th, Edge of the 28th and Howard of the 42nd:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to change the provisions relating to low phosphorus household laundry detergents; to provide for a statement of purpose; to provide for definitions.

By unanimous consent, further consideration of SB 696 was postponed until Friday, March 9, 1990.

SB 449. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by the chief clerk upon a vacancy occurring in the office of judge of the probate court, so as to change the pro visions regarding the filling of such vacancy.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken YAlford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B
Clark.H Y Clark.L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford Y Crosby
Cummings,B Cummings,M Y Davis,C Y Davis.G Y Davis.M Y Di*on,H Y Dixon,S Dobbs Y Dover Dunn Y Edwards YEhrhart Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson
YLee Y Under YLong
Lord Y Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham
Y Parrish Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith.L
Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley YSteele
Stephens Streat Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Walker.L YWall
Ware Y Watson Y Watts
White Wilder
Y Williams,B WilliamsJ
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

2596

JOURNAL OF THE HOUSE,

SB 628. By Senators Olmstead of the 26th, Harris of the 27th, Barker of the 18th and others:
A bill to amend Code Section 31-6-44 of the Official Code of Georgia Anno tated, relating to the Health Planning Review Board and its administrative and judicial review procedures, so as to change certain time periods for hear ings for applications for a project.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review proce dures, so as to increase the size of the Health Planning Review Board; to change certain time periods for hearings for applications for a project; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review proce dures, is amended by striking subsections (a), (b), and (d) of said Code section in their entirety and inserting in lieu thereof new subsections (a), (b), and (d) to read as follows:
"(a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency.. The review board shall be composed of ten 20 members appointed by the Governor, one two from each congressional district, and shall include two three attorneys. The Governor shall appoint persons to the board who are familiar with the health care industry but who do not have a financial interest in any health care facility. The Governor shall also name the chairman of the review board who shall be an attorney. The purpose of the review board shall be to conduct appeal hearings on decisions of the planning agency, as set forth in this Code section. The review board shall promulgate reasonable rules for its operation and rules of proce dure for the conduct of its hearings. The members of the review board shall receive no salary, but shall be reimbursed for their expenses in attending meetings and for trans portation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and shall also be compensated for services ren dered to the review board outside of attendance at an appeal hearing. Such compensa tion to the members of the review board shall be made by the Department of Administrative Services.
(b) Any applicant for a project, or any competing applicant, or any competing health care facility that has notified the planning agency prior to its decision that such facility is opposed to the application before the planning agency, or any county or municipal government in whose boundary the proposed project will be located, who is aggrieved by a decision of the planning agency shall have the right to an appeal hearing before a three-member panel of the review board or to intervene in such hearing. Such hearing shall be the administrative remedy for decisions of the planning agency. Such hearing shall be requested within 30 days of the effective date of a the decision made pursuant to Code Section 31-6-43. The Within 20 days of the filing of such request, the chairman of the review board shall name the panel for each such hearing, and the panel shall include one lawyer, who shall be the chairman of the panel, and two nonlawyer members of the review board. Th A member of the review board from the congressional district in which the proposed project is located shall be one of such three members of the panelj unless both such members have a conflict of interest, in which case any other member of the review board may serve. Within 40 days of the filing of the request for a hearing, the chairman of the panel shall set the date or dates for the hearing and shall provide the parties written notice mailed at least 14 days before the date of commence ment of such hearing. The hearing shall be commenced within 120 days of the filing of

WEDNESDAY, MARCH 7, 1990

2597

the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. The chairman of the panel shall make such rulings as may be required for the conduct of the hearing. The chairman ef the panel shall atee afce aH arrangements fer achcduling of itic ficflrinjj.
"(d) The issue for decision by the panel shall be whether, and the panel shall order the issuance of a certificate of need if, in the panel's judgment the application is consist ent with the considerations as set forth in Code Section 31-6-42 and the planning agen cy's rules, as the panel deems such considerations and rules applicable to review of the project. The panel shall also consider whether the planning agency committed prejudi cial procedural error in its consideration of the application. T-he Within 30 days of the conclusion of the hearing, the panel shall make written findings of facts and conclusions of law as to each such consideration or rule, including a detailed statement of the rea sons for the decision of the panel. Appellant Appellants or applicants shall proceed first with their cases before the panel in the order determined by the chairman of the panel, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 31-6-42, the review board shall have the same powers specified for the planning agency in subsection (d) of Code Section 31-6-42 to issue no certificate of need or one or more certificates of need."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

A substitute, offered by Representative Barnett of the 10th, was read and withdrawn.

A BILL
To amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to the certificate of need program, so as to increase the size of the Health Planning Review Board of the Health Planning Agency; to change certain time periods for hearings for applications for a project; to provide for related matters; to provide additional conditions for revocation of certificates of need issued by the Health Planning Agency or revocation of authority to operate; to provide for the continuation of the offering of certain services under certain conditions; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to the certificate of need program, is amended by striking subsections (a), (b), and (d) of Code Section 31-6-44, relating to the Health Planning Review Board and its administrative and judicial review procedures, and inserting in lieu thereof new subsec tions (a), (b), and (d) to read as follows:
"(a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency. The review board shall be composed of ten 20 members appointed by the Governor, ene two from each congressional district, and shall include twe three attorneys. The Governor shall appoint persons to the board who are familiar with the health care industry but who do not have a financial interest in any health care facility. The Governor shall also name the chairman of the review board who shall be an attorney. The purpose of the review board shall be to conduct appeal hearings on decisions of the planning agency, as set forth in this Code section. The review board shall promulgate reasonable rules for its operation and rules of proce dure for the conduct of its hearings. The members of the review board shall receive no salary, but shall be reimbursed for their expenses in attending meetings and for trans portation costs as authorized by Code Section 45-7-21, which provides for compensation and allowances of certain state officials, and shall also be compensated for services ren dered to the review board outside of attendance at an appeal hearing. Such compensa tion to the members of the review board shall be made by the Department of Administrative Services.

2598

JOURNAL OF THE HOUSE,

(b) Any applicant for a project, or any competing applicant, or any competing health care facility that has notified the planning agency prior to its decision that such facility is opposed to the application before the planning agency, or any county or municipal government in whose boundary the proposed project will be located, who is aggrieved by a decision of the planning agency shall have the right to an appeal hearing before a three-member panel of the review board or to intervene in such hearing. Such hearing shall be the administrative remedy for decisions of the planning agency. Such hearing shall be requested within 30 days of the effective date of a the decision made pursuant to Code Section 31-6-43. T-he Within 20 days of the filing of such request, the chairman of the review board shall name the panel for each such hearing, and the panel shall include one lawyer, who shall be the chairman of the panel, and two nonlawyer members of the review board. T-he A member of the review board from the congressional district in which the proposed project is located shall be one of such three members of the panelj unless both such members have a conflict of interest, in which case any other member of the review board may serve. Within 40 days of the filing of the request for a hearing, the chairman of the panel shall set the date or dates for the hearing and shall provide the parties written notice mailed at least 14 days before the date of commence ment of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. The chairman of the panel shall make such rulings as may be required for the conduct of the hearing. The chairman ef the panel shall atee make aH arrangements for achodul ing 0t IRC ficsring.
"(d) The issue for decision by the panel shall be whether, and the panel shall order the issuance of a certificate of need if, in the panel's judgment the application is consist ent with the considerations as set forth in Code Section 31-6-42 and the planning agen cy's rules, as the panel deems such considerations and rules applicable to review of the project. The panel shall also consider whether the planning agency committed prejudi cial procedural error in its consideration of the application. The Within 30 days of the conclusion of the hearing, the panel shall make written findings of facts and conclusions of law as to each such consideration or rule, including a detailed statement of the rea sons for the decision of the panel. Appellant Appellants or applicants shall proceed first with their cases before the panel in the order determined by the chairman of the panel, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 31-6-42, the review board shall have the same powers specified for the planning agency in subsection (d) of Code Section 31-6-42 to issue no certificate of need or one or more certificates of need."
Section 2. Said article is further amended by adding after Code Section 31-6-45 a new Code section to read as follows:
"31-6-45.1. (a) A health care facility which has a certificate of need or is otherwise
authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the planning agency upon:
(1) The one hundred and eightieth day following the date an order or action of the department revoking that facility's permit to operate pursuant to Code Section 31-7-4 has become final, in those cases in which there has been no appeal, pursuant to Code Section 31-5-3, of the department's revocation; or
(2) The date an order or action of the department revoking that facility's permit to operate pursuant to Code Section 31-7-4 has become final, in those cases in which there has been an appeal, pursuant to Code Section 31-5-3, of the department's revo
cation. The planning agency may become a party to any judicial proceeding to review a decision by the department to revoke such a permit.
(b) The services which had been authorized to be offered by a health care facility for which a certificate of need has been revoked pursuant to subsection (a) of this Code section may continue to be offered in the service area in which that facility was located

WEDNESDAY, MARCH 7, 1990

2599

under such conditions as specified by the planning agency notwithstanding that some or all of such services could not otherwise be offered as new institutional health services."
Section 3. Section 1 of this Act shall become effective July 1, 1990. The remaining sections of this Act shall become effective upon such Act's being approved by the Gover nor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abemathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B
Y Barnett,M Y Bates YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Clark.H
Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Y Crosby Cummings.B
Y Cummings,M Y Davis,C Y Davis.G Y Davis.M
Y Diion,H Y Diion,S
Dobbs Y Dover
Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieaon
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston YLane,D
YLane.R Y Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum
Martin YMcCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinks ton YPoag
Y Porter YPoston
Y PoweU YRandall
Y Ransom YRay
Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley
YSteele Stephens S treat
YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
YVaughan Y Waddle Y Walker.C
Walker.L
YWaU YWare Y Watson Y Watts Y White Y Wilder Y Williams.B
WilliamsJ Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 537. By Senator Johnson of the 47th:
A bill to amend Chapter 14 of Title 16 of the Official Code of Georgia Anno tated, known as the "Georgia RICO (Racketeer Influenced and Corrupt Orga nizations) Act," so as to change the provisions relating to alien corporations acquiring of record any real property; to change the provisions relating to annual registrations of alien corporations and the filing and contents thereof.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

2600

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1435. By Representatives Twiggs of the 4th and Coleman of the 118th:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Anno tated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant cer tain law enforcement jurisdiction over highway safety rest areas to the Uni form Division.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 21-3-51 of the Official Code of Georgia Anno tated, relating to the date of municipal elections, so as to change the provi sions relating to dates of municipal elections.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 412. By Senator Fuller of the 52nd:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to cer tain games or devices; to provide for requirements in connection therewith; to provide for penalties.

The following amendment was read and adopted:

Representative Watson of the 114th moves to amend SB 412 by striking all matter appearing in lines 4 through 8 on page 3 and inserting in lieu thereof the following:
"(f) Any person owning or possessing an amusement game or device described in subsection (d) or (e) of this Code section or any person employed by or acting on behalf of any such person who gives to any other person money for a noncash prize, toy, or novelty received as a reward in playing any such amusement game or device shall be guilty of a misdemeanor.'"

An amendment, offered by Representative White of the 132nd, was read and ruled out of order.

WEDNESDAY, MARCH 7, 1990

2601

Representative Adams of the 79th moved the "ayes" and "nays" and the call was sus tained.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams Y Aiken N Alford Y Alien
Athon Y Atkins N Bailey
Baker Balkcom Bannister NBarfoot Bargeron Y Barnett.B Y Barnett,M
N Bates NBeck N Benefield YBenn N Birdsong N Bishop
N Bostick N Branch
Y Breedlove Y Brooks N Brown NBuck
N Buford NByrd Y Campbell
Carrell N Carter
Chambless N Chance N Cheeks

Y Childers
Y Clark.B Y Clark,H Y Clark.L
Coleman Y Colwell Y Connell N Couch Y Crawford Y Crosby
Cummings,B Y Cummings.M N Davis,C Y Davis,G N Davis.M Y Diion,H
N Dixon,S Dobbs
N Dover Dunn
Y Edwards Ehrhart
Y Felton Y Fennel N Floyd,J.M Y Floyd,J.W
Foster YGodbee Y Goodwin Y Green N Greene
Gresham Y Griffin Y Groover Y Hamilton N Hanner

N Harris N Hasty N Heard N Herbert
N Holcomb Y Holland Y Holmes N Hooks N Howren
Hudson
Ylrwin Ylsakson Y Jackson,J N Jackson, W N Jamieson N Jenkins Y Johnson N Jones
Kilgore Y Kingston NLane,D YLane,R
Langford N Lawrence Y Lawson NLee Y Under NLong YLord Y Lucas Y Lupton
Mangum Y Martin NMcCoy Y McDonald N McKelvey

Y McKinney,B Y McKinney.C Y Meadows
Milam N Mobley
N Moody NMorton N Moultrie Y Mueller N Oliver.C
N Oliver.M YOrr
Orrock N Padgett NPannell YParham Y Parrish
Patten Y Pettit
Pinkston YPoag N Porter
YPoston Y Powell YRandall
N Ransom NRay N Reaves
Y Redding Y Richardson N Ricketson N Robinson N Royal YSelman Y Simpson Y Sinkfield

N Smith.L N Smith.P N Smith.T N Smith.W
Smyre NSnow Y Stancil,F Y Stancil,S
Y Stanley NSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas, M Y Thompson N Thurmond N Titus N Tolbert Y Townsend Y Twiggs Y Vaughan
N Waddle Walker.C Walker.L
Y Wall N Ware Y Watson
N Watts Y White Y Wilder N Williams.B
WilliamsJ Y Yates N Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 81, nays 72.
The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Representative Watson of the 114th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 412.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy N Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey
Baker Balkcom Bannister NBarfoot Bargeron

Y Barnett,B Y Barnett.M N Bates NBeck Y Benefield YBenn N Birdsong Y Bishop N Bostick N Branch Y Breedlove
Brooks N Brown NBuck

N Buford
NByrd Y Campbell N Carrell N Carter
Chambless N Chance N Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman N Colwell

Y Connell N Couch Y Crawford
Y Crosby Cummings,B
Y Cummings,M N Davis.C Y Davis,G N Davis,M Y Dixon,H N Diion,S
Dobbs N Dover
Dunn

Y Edwards N Ehrhart Y Felton Y Fennel N Floyd,J.M Y Floyd,J.W
Foster God bee YGoodwin
Green N Greene
Gresham Y Griffin Y Groover

2602
Y Hamilton Y Manner Y Harris N Hasty N Heard Y Herbert N Holcomb Y Holland Y Holmes N Hooks N Howren Y Hudson Ylrwin Ylsakson Y Jackson,J N Jackson.W N Jamieson N Jenkins Y Johnson N Jones Y Kilgore Y Kingston

JOURNAL OF THE HOUSE,

NLane.D
YLane,R Langford
N Lawrence Y Lawson NLee Y Linder NLong
YLord Y Lucas Y Lupton
Mangum
Y Martin NMcCoy
McDonald N McKelvey Y McKinney,B Y McKinney.C
Y Meadows Milam
N Mobley N Moody

NMorton N Moultrie
N Mueller N Oliver.C N OUver.M YOrr
Orrock Y Padgett Y Pannell
Parham Parrish
Patten Y Pettit
Pinkston YPoag N Porter YPoston Y Powell YRandaU N Ransom
NRay N Reaves

Y Redding Y Richardson N Ricketeon N Robinson N Royal
YSelman Y Simpson Y Sinkfield N Smith.L N Smith,?
N Smith,T N Smith,W N Smyre NSnow N Stancil.F Y StanciLS
Y Stanley YSteele
Y Stephens Y Streat YTeper Y Thomas.C

Y Thomas.M Y Thompson Y Thurmond
N Titus N Tolbert Y Townsend YTwiggs Y Vaughan N Waddle
Walker.C Walker.L
YWall
N Ware Y Watson N Watts Y White Y Wilder N Williams.B
Williams.J
N Yates N Yeargin
Murphy,Spkr

On the motion, the ayes were 84, nays 68. The motion prevailed.

SB 574. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to continue the Georgia Auctioneers Com mission but provide for the later termination of the commission and the repeal of the laws relating thereto; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Balkcom
Y Bannister Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter

Y Chambless
Chance Y Cheeks
Y Childers Clark,B Clark,H
Y Clark.L
Coleman Y Colwell
Connell
Couch Y Crawford Y Crosby
Cummings.B
Cummings.M
Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green

Y Greene
Gresham
Y Griffin
Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard
Y Herbert Holcomb
Y Holland Holmes
Y Hooks Y Howren
Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D YLane.R
Langford Y Lawrence Y Lawson YLee
Linder

YLong YLord Y Lucas
Y Lupton
Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey
McKinney.B McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M
YOrr
Orrock Padgett Y Pannell YParham Y Parrish
Patten Pettit Pinkston YPoag Y Porter YPoston Y Powell

YRandaU Y Ransom YRay
Y Reaves Redding
Y Richardson Y Ricketeon
Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W
Smyre
YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele Y Stephens
Y Streat YTeper Y Thomas,C
Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
YTwiggs

WEDNESDAY, MARCH 7, 1990

2603

YVaughan Y Waddle Y Walker.C

Walker,L Y Wall Y Ware

Y Watson Y Watts Y White

Y Wilder Y Williams.B
Williams,J

Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 552. By Senator Peevy of the 48th:
A bill to amend Chapter 20 of Title 31 of the Official Code of Georgia Anno tated, relating to the performance of sterilization procedures, so as to remove certain language from Code Section 31-20-2, relating to the performance of a sterilization procedure upon request.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Anno tated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maximum penalty to $100,000.00.

Representative Ware of the 77th moved that the House insist on its position in substi tuting SB 608.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1505. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye; to provide for a definition; to provide for penalties; to repeal conflicting laws; and for other purposes.

2604

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to general provisions regarding offenses against public health and morals, is amended by adding at the end a new Code section to read as follows:
"16-12-5. (a) As used in this Code section, the term 'tattoo' means to mark or color the skin of any person by pricking in indelible pigments, except when performed by a physician licensed as such pursuant to Chapter 34 of Title 43.
(b) It shall be unlawful for any person to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

Representative Orrock of the 30th moves to amend the Senate substitute to HB 1505 by striking line 16 of page 1 and inserting in lieu thereof the following:
"person by pricking in, inserting, or implanting pigments, except when".

Representative Orrock of the 30th moved that the House agree to the Senate substi tute, as amended by the House to HB 1505.
On the motion, the ayes were 99, nays 2.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1316.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.

Representative Smyre of the 92nd moved that the House insist on its position in amending the Senate substitute to HB 1316 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Oliver of the 53rd, Smyre of the 92nd and Robinson of the 96th.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1984. By Representatives Athon of the 57th, Mangum of the 57th and Alford of the 57th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, so as to change the pro visions relating to the compensation of the coroner.

WEDNESDAY, MARCH 7, 1990

2605

The following Senate substitute was read:

A BILL
To amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, so as to change the provisions relating to the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The coroner shall receive an annual salary equal to 10.5 percent of the base salary of a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended. The base salary of a superior court judge shall mean that salary paid from state funds and shall not include any county supplement or expense reimbursements. The coroner shall also be authorized to participate in the Group Retire ment Program and the Group Hospitalization Benefit Program on the same basis as other officers and employees of Rockdale County if he meets the normal eligibility requirements of the programs."
Section 2. This Act shall become effective on July 1, 1990.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Athon of the 57th moved that the House agree to the Senate substi tute to HB 1984.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insur ance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

Representative Ware of the 77th moved that the House insist on its position in dis agreeing to the Senate amendment to the House substitute to SB 434 and that a Commit tee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ware of the 77th, Dunn of the 73rd and Ricketson of the 82nd.

The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate substitutes thereto:

2606

JOURNAL OF THE HOUSE,

HB 1651.

By Representatives Pettit of the 19th, Watson of the 114th, Aaron of the 56th and Smith of the 156th:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Anno tated, relating to blasting or excavating near gas pipes and other under ground utility facilities, so as to clarify the purpose of said chapter.

The following Senate substitute was read:

A BILL
To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter; to change certain definitions; to provide additional def initions; to delete certain provisions relating to filing certain information with clerks of the superior courts and other local government offices; to provide for participation by utilities as members in the utilities protection center; to delete certain duties of clerks of the supe rior courts and related filing fees; to change certain requirements concerning notifications to be given by persons planning blasting and excavating; to change certain provisions con cerning the duties of utilities notified of proposed blasting or excavating; to clarify the degree of accuracy required in gas pipe or other underground utility facility location infor mation; to provide for applicability of the penalties; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, so as to delete the provision relating to the fee for filing information of gas companies in accordance with Code Section 25-9-4; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chap ter 9 to read as follows:
"CHAPTER 9
25-9-1. The purpose of this chapter is to prevent injury to persons and property and interruptions of utility and cable television service resulting from damage to gas pipes and other underground utility facilities caused by blasting or excavating operations by providing a method whereby the location of underground gas pipes and other utility facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gas pipes and other utility facilities.
25-9-2. As used in this chapter, the term: (1) 'Blasting' means any operation by which the level or grade of land is changed
or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent.
(2) 'Business days' means Monday through Friday, excluding ay public and legal holidays the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the follow ing Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Sat urday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday.
(3) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days.
{8} (4) 'Corporation' means any corporation; municipal corporation; county; jointstock company; partnership; association; business trust; cooperative; organized group

WEDNESDAY, MARCH 7, 1990

2607

of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing.
{4) (5) 'Distribution of gas' means the distribution or furnishing of gas to the ultimate consumer through the use of underground pipes or other facilities and includes, but is not limited to, the distribution of gas pursuant to a certificate of pub lic convenience and necessity issued by the Public Service Commission.
{6} (6) 'Excavating' means any operation by which the level or grade of land is changed and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, and pile driving. Such term, however, does not include public road maintenance activities within the rights of way of a public road on the state highway system, the county road system, or the city street system.
{6) (7) 'Gas' means any flammable gaseous matter and includes, but is not lim ited to, natural gas, manufactured gas, liquefied petroleum gas, and any material com posed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane, or butylene. The term 'gas' shall also include liquid petroleum products.
?} (8) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavat ing, including, without limitation, bulldozers, backhoes, power shovels, scrapers, draglines, clamshells, augers, drills, and pile drivers.
(8)--'One-call notification center' er 'center' means aa organization er office catab fehed and funded by two er mere utilities for the purpose ef maintaining a list ef aH utilities owning gas pipes ad other underground utility facilities within the county er
tten required te fee filed pursuant te Code Section 26-0-3. (9) 'Person* means an individual or a corporation. Such term, however, does not
include and no provision of this chapter shall apply to any excavating done by a rail road when said excavating is made entirely on the land which the railroad owns or on which the railroad operates or, in the event of emergency, on adjacent land. Such term, however, also does not include and shall not apply to the Department of Trans portation; or its officers or employees when excavating, blasting, or operating mecha nized excavating equipment anywhere within public road rights of way.
(10) 'Railroad' means all corporations, companies, or individuals owning or operat ing any railroad line or railroad company in this state.
(11) 'Service area' means a contiguous area or territory which encompasses the underground distribution system or network of gas pipes or other underground utility facilities by means of which a utility provides utility service.
(12) 'Transmission of gas' means the transmission or transportation of gas through the use of underground pipes or other facilities and includes, but is not limited to, the transportation or transmission of gas in interstate commerce pursuant to a certifi cate of public convenience and necessity issued by the Federal Energy Regulatory Commission and the transmission or transportation of gas in intrastate commerce pur suant to a certificate of public convenience and necessity issued by the Public Service Commission.
(13) 'Utilities protection center' or 'center' means the corporation or other organize tion formed by utilities to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or exca; vate and distributing such notifications to its affected utility members.
{13} (14) 'Utility' means any person operating or maintaining gas pipes or other underground utility facilities.
(14) (15) 'Utility facility' means underground mains, pipes, conduits, cables, ducts, wires, fiber optic or photonic lines, or other structures operated or maintained by util ities in connection with the storage, conveyance, distribution, or transmission of gas, electric energy, or telephone or telegraphic, or cable television or video communica tions.
zo~y~o. E/8Cn utility wineft mflintsins ts pipes or other underground utility iftcilities witilin ftwy county of tins stste snctii file witri ttie clerK of tnc superior court of sucn

2608

JOURNAL OF THE HOUSE,

county the name, address, and telephone number of tne oil ice, department, or other source from or through which information respecting the location of the gas pipes or otner undergrouno utility facilities ot sucti utility witnin tne county may we oDtaincd
make sucn turttier and add11lonai tilings as may DC necessary to Keep current tne desig~ nation, address, and telephone number ef such source. Municipal and county gas er clcc-
superior court out shall maintain sucn tntormation tti wie oilice of tne cierK ot tne city er in the office ef the superintendent ef the gas er electric department ef 4he ity -or
tnunicipal and county gas or eleetrie utilities snail par11cipate and coopcratc witn any one-call notification center which may be established pursuant te Code Section 26 9-4. Reserved.
25-9-4. (a) T-we er mere utilities rosy voluntarily establish a one-call notification center te maintain information concerning gas pipes and other underground utility facilities within tne counties encompassed Dy tne utilities service area, upon tne estaonsn-
maintaining underground utility facilities within said counties shall participate and cooperate with th center, and ne duplicativc center sheU be established pursuant te this Gede section. The activities ef th center shall be funded by att ef the participating util ities. All utilities operating or maintaining underground utility facilities within the state shall participate as members in and cooperate with the utilities protection center. No duplicative center shall be established. The activities of the center shall be funded by all utilities.
(b) A one-call notification center The utilities protection center shall maintain a list showing the counties within which its participating utilities maintain gas pipes and other underground utility facilities. The center shall also maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of gas pipes and other underground utility facilities of its participating utilities may be obtained during normal business hours on business days.
&)--A one-call notification center shaH file with the eterfc ef the superior court ef each
ground utility facilities a list ot its participating utilities, along witn tne center s name^ address, and telepnone numoer. otKjn tiling oy tzie center snarl relieve tne participating utilities ef the filing and reeerd keeping rcquircmcnta imposed by Code Section 26-9-3.
25-9-5. T-he eterfc ef the superior court in each county ef this state shall: ft)--Maintain a fite for the written information te be filed by utilities in accordance
with this chapter and mafce the same available fer public inspection; \sj--JViarlt tne date and nour of tiling ot art writteR materiais tiled m accordance
witn tnis cn&pter j and {3)--Charge a fee in accordance with paragraph 49) ef subsection {d) ef Code Sec
tion 16-6-77 fer th filing ef saeh written materials. Reserved. 25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavat ing with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until each ef the following conditions has occurred:
ft)--Th person planning the blasting er excavating, en er before the third business
notice ot tne proposed work to tne source wnicn was designated and tiled m suen county by each utility er one-call notification center in accordance with Code Section 25-9-3 er subsection (e) ef Gede Section 26-9-4, which notice shall: the person plan ning the blasting or excavating, at least 72 hours prior to commencement of the work, excluding hours during days other than business days, has given actual notice to the utilities protection center, which notice shall:
{A) (1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity to enable the utility to ascertain the pre cise tract or parcel of land involved;

WEDNESDAY, MARCH 7, 1990

2609

iff) (2) State the name, address, and telephone number of the person who will engage in the blasting or excavating and state whether such person desires to be noti fied in the event there are no utility facilities present on the tract or parcel specified;
{6} (3) Describe the type of blasting or excavating to be engaged in by the per son; and
v*-'/ \^J J_iesifnflte trie dflte^ no cflriicr timn snree business dflys snu no loter tiis.ii ten days from the date ef the notice, upon which the blasting or excavating will com mence; and .
\ZT 1 iie person, pl&nnin^ trie DJ.fl3ting or excsvfltin^ ~nfts ftscert&me'Q IPOIH edcn searee filed in accordance with Code Section 26 '0-3 or subsection {e} ef- Code Section 26-9-4 the location ef aH gas pipes and other underground utility facilities ef each tHity wflicn fire locsted upon tne trsct or porcei of iflnd o? witnin sUO teet ttiercoi. fb)--Notwithstanding subsection {a} ef this Code section, a person whe engages in blasting er excavating with mechanized excavating equipment upon a tract er pared ef iflnct wnicn ne owns or le&ses snflii not we recjuired to uive &ny notice under tnis vTOtie section, if the person has correctly ascertoincd from other means available te him that there are ne gas pipes er ether underground utility facilities which will be damaged er injuriously affected by the blasting er excavating. {e) (b) Whenever any blasting or excavating with mechanized excavating equipment is undertaken on a project on the public road system under contract with the Depart ment of Transportation, the notice required under subsection (a) of this Code section shall be deemed to have been given for all utility facilities other than gas which are shown on the project plans and for which a notice of contract award and a notice of preconstruction conference have been mailed to the utility by the Department of Trans portation. Nothing contained in this subsection shall be construed to relieve any person under contract with the Department of Transportation of the duties set forth in Code Section 25-9-8 as to all underground utility facilities. (c) In the event that the blasting or excavating work which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 17 days following the date of such notice, then no later than 14 days following such date of notice an additional notice must be given in accordance with subsection (a) of this Code section. (d) If, subsequent to giving the notice required by subsection (a) of this Code section a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the utilities protection center.
25-9-7. Within three business days 72 hours, excluding hours during days other than business days, following receipt by the searee designated pursuant te Code Section 25-9-3 er subsection {e} ef Code Section 36-9-4 utilities protection center of actual notice filed in accordance with Code Section 25-9-6 er within sen lenger reasonable period as mfty be reQUired under tne circumst&nces, out m ftity event within live business dsySj each utility shall attempt te advise th person requesting information by telephoning the person ftt tne telepnone number lurnisiied fey tne person tn&t' stuke or otnerwise rn&rK the surface of the tract or parcel of land to indicate the location of gas pipes or other underground utility facilities. Such markings shall be in accordance with the following color code:
\L) l lie utility docs not nave gas pipes er otncr underground utility facilities located upon tne parcel er tract or land m question or witnin ^Uu lect tncrcoij er Safety Red shall be used to mark electric power distribution and transmission facili ties;
\t} i ne utility n&s stflKed of otnetwise mctPneu tne SUPtsee* or trie i&nd to indicate tne locfltion of sucn ot its ^&s pipes of otrier underground utility i&ciiities ds dfe locflteci upon tne trdct or p&rcei or is.nd &nu witnin cuu lect tnereoi. Jnii^n visibility Safety Yellow shall be used to mark gas and oil distribution and transmission facili ties;
(3) Safety Alert Orange shall be used to mark telephone, telegraph, cable televi sion, video, and other telecommunications facilities;
(4) Safety Precaution Blue shall be used to mark water systems facilities; and

2610

JOURNAL OF THE HOUSE,

(5) Safety Green shall be used to mark sewer systems facilities. If the person planning the blasting or excavating has stated pursuant to paragraph (2) of subsection (a) of Code Section 25-9-6 that he desires to be notified in the event there are no utility facilities present on the tract or parcel specified, then each utility shall attempt to so notify such person by telephoning such person at the number furnished pursuant to paragraph (2) of subsection (a) of Code Section 25-9-6.
25-9-8. Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, loosen, or remove lateral support from or around any gas pipe or other underground utility facility which has been staked or marked in accordance with this chapter; provided, however, that nothing in this chapter
shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of gas pipes or other underground utility facilities, irrespec
tive of whether the same have been staked or marked as provided in this chapter. 25-9-9. (a) For the purposes of this chapter, information concerning the location of
gas pipes and other underground utility facilities which is given by a utility to any per son must be accurate to within 24 inches measured horizontally from the outer edge of either side of such facilities. If any gas pipe or other underground utility facilities become damaged due to the furnishing of inaccurate information as to their location by the utility, the liabilities imposed by this chapter shall not apply.
(b) Upon documented evidence that the person seeking information as to the loca tion of gas pipes or other underground utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the utility, the utility shall be liable to that person for his losses.
25-9-10. This chapter does not affect and is not intended to affect any right, title, power, or interest which any utility may have with relation to any facility or to any ease ment, right of way, license, permit, or other interest in or with respect to the land on which the facility is located.
25-9-11. This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any gas pipe or other underground utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agree ment whatsoever.
25-9-12. If an emergency arises which presents an immediate and substantial danger to life, health, or property or which requires the establishment or restoration of gas, electric, communication, rail, or other essential public services, it shall be lawful for the person who undertakes to prevent such danger to life, health, or property or who is responsible for the establishment or restoration of such gas, electric, communication, rail, or other essential public services to engage in blasting or in excavating with mecha nized excavating equipment for such purpose without complying with Code Section 25-9-6, provided that, before commencing the same or as soon thereafter as is reasonably practicable, the person shall give notice thereof to any utility which the person, in the exercise of reasonable judgment, believes may have gas pipes or other underground util ity facilities within such proximity as to be affected by the blasting or excavating with mechanized excavating equipment.
25-9-13. (a) Any person who violates the requirements of Code Section 25-9-6 shall be guilty of a crime punishable by payment of a fine of $1,000.00 for the first offense and $3,000.00 for any subsequent offenses occurring within a 12 month period. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land he owns or leases.
(b) Any person who violates the requirements of Code Section 25-9-6 and whose sub sequent excavating or blasting damages gas pipes or other underground utility facilities shall be strictly liable for:
(1) Any cost incurred by the utility in repairing or replacing its damaged facilities;

WEDNESDAY, MARCH 7, 1990

2611

(2) Any injury or damage to persons or property resulting from damaging the underground gas pipe or other utility facilities. Any such person shall also indemnify the affected utility against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the underground gas pipe or other utility facilities. (c) In addition to the other provisions of this Code section, a state examining board shall be authorized to suspend or revoke any professional or occupational license, certifi cate, or registration issued to a person pursuant to Title 43 whenever such person vio lates the requirements of Code Section 25-9-6. (d) Subsections (a), (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the utility to which notice was given respecting such blasting or excavating with mechanized equip ment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center as required by Code Section 25-9-4."
Section 2. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, is amended by striking in its entirety paragraph (9) of subsection (d), which reads as follows:
"(9) Filing written information of gas companies in accordance with Code Section 25-9-4, a fee per page of........................................................ 1.00",
and inserting in lieu thereof the following: "(9) Reserved."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Pettit of the 19th moved that the House agree to the Senate substitute to HB 1651.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Beck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Breedlove Brooks Brown Buck Y Buford YByrd Y Campbell

Y Carrell
Y Carter Y Chambless
Chance Y Cheeks Y Childers Y Clark,B
Y Clark,H Y Clark.L Y Coleman
Y Colwell Connell
Y Couch Y Crawtord Y Crosby Y Cummings,B
Cunimings,M Y Davis,C Y Davis,G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Dunn Y Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W

Y Foster
Y Godbee YGoodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Banner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Jenkins Johnson Y Jones
Y Kilgore Y Kingston YLane.D

YLane,R Y Langford Y Lawrence Y Lawson
YLee Linder Long
YLord Y Lucas Y Lupton Y Mangum
Martin
YMcCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton
Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell
Parham

Parrish Patten Y Pettit Pinkston
YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Reaves Redding
Y Richardson Ricketson
Y Robinson Y Royal YSelman Y Simpson Y Sinkfleld Y Smith^ Y Smith,P Y Smith,T Y Smith.W
YSmyre YSnow Y Stancil,F Y Stancil,S
Y Stanley YSteele
Stephens

2612

JOURNAL OF THE HOUSE,

Y Streat YTeper YThomas.C YThomas.M Y Thompson

Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs

Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall

Ware Y Watson Y Watts
White Y Wilder

Y Williams.B WiUiams,J
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 147, nays 0. The motion prevailed.

HR 872. By Representatives Dixon of the 128th, Watts of the 41st, Dover of the llth, Colwell of the 4th, Cummings of the 17th and others:
A resolution creating the Joint Abortion Study Committee.

The following Senate substitute was read:

A RESOLUTION
Creating the Joint Abortion Study Committee; and for other purposes.
WHEREAS, the United States Supreme Court has recently announced its decision in Webster v. Reproductive Health Services; and this decision has caused the issue of state legislative regulation of abortions to be considered by legislators and other interested per sons; and
WHEREAS, other court cases presently pending may also require or render appropri ate legislative consideration of this subject; and
WHEREAS, accurate, unbiased, and objective statistical information concerning abor tions would be vitally important to any legislative consideration of this subject by the General Assembly; and
WHEREAS, at the current time there exists no single compilation of statistical infor mation of demonstrated accuracy upon which the General Assembly could rely in consider ing future legislative action on this subject.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Abortion Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the Presi dent of the Senate. The Speaker of the House of Representatives and the President of the Senate shall appoint the cochairmen of the committee. The cochairmen shall call all meet ings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the need for statistical information as described herein, or other information deemed perti nent, compile such information of demonstrable accuracy as may be available, and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than six days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 31, 1990.

The following amendment was read:

WEDNESDAY, MARCH 7, 1990

2613

Representative McKinney of the 35th, et al, move to amend HR 872 as follows: Page 1, line 12, to add after "abortions" and preceding "would" the words: "and vasectomies". and page 1, line 21, to add after "Abortion" the words: "and Vasectomy".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy N Adams N Aiken N Alford Y Alien N Athon N Atkins N Bailey N Baker
Balk com Bannister Barfoot N Bargeron N Barnett.B N Barnett,M Y Bates Beck
N Benefield YBenn
Birdsong Y Bishop N Bostick N Branch
Breedlove Y Brooks
Brown Buck N Buford NByrd N Campbell N Carrell N Carter N Chambless Chance Cheeks

N Childers
Y Clark.B
N Clark,H Clark,L Coleman Colwell
N Connell Couch
N Crawtord Crosby
N Cummings,B Y Cummings,M N Davis,C Y Davis.G N Davis,M
Dijon.H N Dixon,S
Dobbs N Dover
Dunn N Edwards N Ehrhart N Felton Y Fennel N Floyd,J.M N Floyd,J.W N Foster
Godbee NGoodwin N Green
Greene Gresham N Griffin N Groover N Hamilton N Hanner

N Harris
Hasty N Heard Y Herbert N Holcomb N Holland Y Holmes
N Hooks N Howren N Hudson Ylrwin
Isakson N Jackson,J N Jackson, W
Jamieson N Jenkins
Johnson N Jones
Kilgore N Kingston
Lane,D NLane.R
Langford N Lawrence
N Lawson NLee Y Linder
Long NLord Y Lucas Y Lupton N Mangum Y Martin NMcCoy
McDonald N McKelvey

Y McKinney,B Y McKinney.C
N Meadows NMilam
N Mobley N Moody N Morton N Moultrie N Mueller N Oliver.C Y Oliver.M NOrr
YOrrock N Padgett NPannell
Parham N Parrish
Patten
N Pettit Pinkston
YPoag N Porter Y Poston N Powell
YRandall N Ransom NRay N Reaves Y Redding Y Richardson N Ricketson N Robinson N Royal YSelman
Y Simpson Y Sinkfield

N Smith,L
N Smith,P Smith.T Smith.W
YSmyre NSnow N Stancil,F N Stancil,S Y Stanley NSteele
Stephens N Streat
YTeper Y Thomas.C Y Thomas,M N Thompson Y Thunnond N Titus
Tolbert N Townsend NTwiggs N Vaughan N Waddle
Walker.C Walker,L N WaU
N Ware N Watson N Watts
White
N Wilder N Williams.B
WiUiams.J N Yates N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 35, nays 102. The amendment was lost.

Representative Dixon of the 128th moved that the House agree to the Senate substi tute to HR 872.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom

Bannister
Barfoot Bargeron
Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
Benn Birdsong Y Bishop

Y Bostick Y Branch
Breedlove N Brooks
Brown Buck Y Buford YByrd Y Campbell Y Carrell Y Carter

Y Chambless
Chance Y Cheeks Y Childers N Clark.B Y Clark,H
Clark,L Y Coleman
Colwell Y Connell
Couch

Y Crawford Crosby
Y Cummings,B N Cummings,M
Y Davis.C N Davis,G Y Davis.M
Diion.H
Y DiK>n,S Dobbs
Y Dover

2614

JOURNAL OF THE HOUSE,

Dunn
Y Edwards Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris
Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Hohnes Y Hooks

Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston
Lane,D Y Lane,R
Langford Y Lawrence Y Lawson Y Lee Y Linder
Long Y Lord N Lucas Y Lupton Y Mangum N Martin

Y McCoy
McDonald Y McKelvey
N McKinney,B N McKinney.C Y Meadows N Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C N Oliver,M Y OnN Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston Y Poag Y Porter

On the motion, the ayes were 123, nays 18. The motion prevailed.

Poston
Y Powell Y Randall
Y Ransom Y Ray Y Reaves N Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson N Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil,S N Stanley Y Steele
Stephens

Y Streat
N Teper Y Thomas.C
N Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Walker,L Y Wall N Ware Y Watson Y Watts N White Y Wilder Y Williams,B William8,J Y Yates Yeargin Murphy,Spkr

HB 1998.

By Representative Wall of the 61st:
A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to provide for retaining terms of office of two years for the mayor and council members; to provide for the date of municipal elections.

The following Senate substitute was read:

A BILL
To amend an Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to provide for the annexation of certain property and to redefine the corporate limits of said city; to provide for retain ing terms of office of two years for the mayor and councilmembers; to provide for the date of municipal elections; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, is amended by striking subsection (a) of Section 1.11 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The corporate boundaries of the City of Lawrenceville shall be as described and set forth in Appendix A attached hereto and made a part of this Act. The boundaries of the city at all times shall be shown on a map, a written description, or any combina tion thereof, to be retained permanently in the office of the city clerk and to be desig nated, as the case may be 'Official Map (or description) of the corporate limits of the City of Lawrenceville, Georgia.' Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description."
Section 2. Said Act is further amended by striking subsection (a) of Section 5.11 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

WEDNESDAY, MARCH 7, 1990

2615

"(a) Pursuant to the provisions of Code Section 21-3-64 of the O.C.G.A., a municipal general election shall be held annually on the Tuesday next following the first Monday in November, and two-year terms of office for the mayor and councilmembers as pro vided in this charter are retained."
Section 3. Said Act is further amended by striking Appendix A in its entirety and substituting in lieu thereof a new Appendix A to read as follows:
"APPENDIX A LEGAL DESCRIPTION
CITY LIMITS LINE LAWRENCEVILLE, GEORGIA
All that tract and parcel of land lying and being in Land Lots 81, 82, 83, 84, 85, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 207, 208, 209 and 210 of the 5th Land District of Gwinnett County, Georgia. Also all that tract and parcel of land lying and being in Land Lots 6, 7, 8, 9, 10, 11, 12, 13, 28, 29, 30, 48 and 49 of the 7th Land District of Gwinnett County, Georgia described as follows:
BEGINNING at the land lot corner common to Land Lots 180, 181, 204 and 205 of the 5th Land District; thence from said point of beginning in a Southwesterly direction along the land lot line dividing Land Lots 180 and 181 a distance of 675 feet, more or less, to a point; thence South 30 degrees 15 minutes 29 seconds East a distance of 60.26 feet to a point on the Northwesterly 60 foot right-of-way line of McCart Road; thence Southwesterly along the Northwesterly right-of-way line of McCart Road the following courses and distances: South 35 degrees 50 minutes 34 seconds West a distance of 105.15 feet to a point; South 31 degrees 41 minutes 09 seconds West a distance of 106.12 feet to a point; South 26 degrees 45 minutes 00 seconds West a distance of 101.10 feet to a point; South 32 degrees 36 minutes 50 seconds West a distance of 126.27 feet to a point; thence North 68 degrees 23 minutes 23 seconds West a distance of 351.6 feet to the land lot line dividing Land Lots 180 and 181; thence in a Southwesterly direction along the land lot line dividing Land Lots 180 and 181 a distance of 2070 feet, more or less, to the land lot corner common to Land Lots 172, 173, 180 and 181; thence South 58 degrees 54 minutes West along the land lot line dividing Land Lots 172 and 173 a distance of 671 feet to a point; thence North 29 degrees 24 minutes West a distance of 1530 feet, more or less to a point; thence South 58 degrees 58 minutes West a distance of 1760 feet, more or less, to a point located 500 feet East of the centerline of New Hope Road; thence in a Southeasterly direction along a line located 500 feet east of the centerline of New Hope Road and following the curvature of New Hope Road a distance of 1647 feet, more or less, to a point; thence North 41 degrees 07 minutes 41 seconds East a distance of 144 feet, more or less, to a point on the land lot line dividing Land Lots 172 and 173; thence North 59 degrees 42 minutes 15 seconds East along the land lot line dividing Land Lots 172 and 173 a distance of 1041.05 feet to a point; thence South 33 degrees 06 minutes 15 seconds East a distance of 265.44 feet to a point on the most Northwesterly 50 foot right-of-way line of Hickory View Drive; thence North 67 degrees 30 minutes 03 seconds East along the most Northwesterly 50 foot right-of-way line of Hickory View Drive a distance of 237.56 feet to a point; thence South 29 degrees 38 minutes 01 seconds East a distance of 243.84 feet to a point; thence North 51 degrees 39 minutes 55 seconds East a distance of 265 feet, more or less, to a point on the land lot line dividing Land Lots 172 and 181; thence South 30 degrees 35 minutes 40 seconds East along the land lot line dividing Land Lots 172 and 181 a distance of 433.65 feet to a point; thence South 30 degrees 15 minutes 40 seconds East along the land lot line dividing Land Lots 172 and 181 a distance of 147.93 feet to a point; thence South 30 degrees 01 minutes 44 seconds East along the land lot line divid ing Land Lots 172 and 181 a distance of 298.44 feet to a point; thence South 48 degrees 40 minutes 59 seconds West a distance of 1390 feet, more or less, to the Southern bound ary of property now or formerly owned by S. R. Fields; thence South 48 degrees 45 min utes West a distance of 1117.70 feet, more or less, to a point; thence South 30 degrees 32 minutes East a distance of 633.7 feet to a point; thence North 59 degrees 28 minutes 12 seconds East a distance of 310.13 feet to a point; thence North 59 degrees 00 minutes 24

2616

JOURNAL OF THE HOUSE,

seconds East a distance of 321.49 feet to a point; thence South 50 degrees 33 minutes 00 seconds East a distance of 369.57 feet to a point; thence North 41 degrees 07 minutes 14 seconds East a distance of 188.40 feet to a point on the Southwesterly 80 foot right-of-way line of New Hope Road; thence South 51 degrees 01 minutes 59 seconds East a distance of 90.69 feet to a point; thence South 47 degrees 31 minutes 08 seconds East an arc of 489.22 feet, a chord of 488.91 feet and a radius of 3988.00 feet to a point; thence South 44 degrees 00 minutes 16 seconds East a distance of 148.70 feet to the intersection of the Southwesterly 80 foot right-of-way line of New Hope Road and the centerline of Simonton Road; thence South 57 degrees 43 minutes 59 seconds West along the centerline of Simonton Road a distance of 94.52 feet to a point; thence South 58 degrees 21 minutes 25 seconds West along the centerline of Simonton Road a distance of 326.02 feet to a point; thence South 58 degrees 24 minutes 40 seconds West along the centerline of Simonton Road a distance of 304.33 feet to a point; thence North 34 degrees 22 minutes 48 seconds West a distance of 227.81 feet to a point; thence North 31 degrees 25 minutes 08 seconds West a distance of 200.00 feet to a point; thence South 58 degrees 36 minutes 27 seconds West a distance of 149.99 feet to a point; thence South 31 degrees 25 minutes 08 seconds East a distance of 428.07 feet to a point; thence South 58 degrees 22 minutes 40 seconds West a distance of 261.66 feet to a point; thence South 58 degrees 48 minutes West a distance of 10.00 feet to a point; thence North 30 degrees 24 minutes West a dis tance of 872.43 feet to a point; thence North 30 degrees 32 minutes West a distance of 621.69 feet to a point; thence South 49 degrees 04 minutes West a distance of 842.11 feet to a point on the land lot line dividing Land Lots 149 and 172; thence North 30 degrees 41 minutes West along said land lot line a distance of 10.16 feet to a point; thence North 30 degrees 52 minutes West along said land lot line a distance of 1050.5 feet to a point; thence North 51 degrees 43 minutes East a distance of 770 feet, more or less, to a point located 500 feet West of the centerline of New Hope Road; thence North 50 degrees 36 minutes 15 seconds East a distance of 168 feet, more or less, to a point thence North 60 degrees 58 minutes 00 seconds West a distance of 478.93 feet to a point; thence North 29 degrees 01 minutes 42 seconds East a distance of 93.35 feet to a point; thence North 59 degrees 40 seconds 13 seconds West a distance of 297.17 feet to a point; thence North 59 degrees 40 minutes 29 seconds West a distance of 60.15 feet to a point; thence North 59 degrees 40 minutes 13 West seconds a distance of 189.86 feet to a point; thence North 03 degrees 12 minutes 46 seconds East a distance of 253.22 feet to a point; thence North 76 degrees 31 minutes 01 seconds West a distance of 138.06 feet to a point; thence North 13 degrees 27 minutes 02 seconds East a distance of 252.93 feet to a point on the most West erly 80 foot right-of-way line of Lawrenceville-New Hope Road; thence North 57 degrees 31 minutes 12 seconds West along the Westerly right-of-way line of Lawrenceville-New Hope Road a distance of 63.48 feet to a point; thence South 13 degrees 27 minutes 02 sec onds West a distance of 317.94 feet to a point; thence North 57 degrees 49 minutes 11 seconds West a distance of 191.66 feet to a point; thence South 07 degrees 29 minutes 49 seconds West 175 feet, more or less, to a point on the Southerly property line of property now or formerly owned by Brockington; thence South 9 degrees 45 minutes West a dis tance of 650 feet, more or less, to a point on the land lot line dividing Land Lots 148 and 149; thence South 59 degrees 39 minutes West along the land lot line dividing Land Lots 148 and 149 a distance of 767.7 feet to a point; thence South 59 degrees 59 minutes West along the land lot line dividing Land Lots 148 and 149 a distance of 328.9 feet to a point; thence South 30 degrees 19 minutes East a distance of 666.3 feet to a point; thence South 30 degrees 20 minutes East a distance of 1574.1 feet to a point; thence South 62 degrees 20 minutes West a distance of 380 feet, more or less, to the centerline of Simonton Road; thence in a Southeasterly direction along the centerline of Simonton Road a distance of 2100 feet, more or less, to the land lot line dividing Land Lots 150 and 171; thence South 31 degrees 13 minutes East along the land lot line dividing Land Lots 150 and 171 a dis
tance of 2101 feet, more or less, to a point; thence North 58 degrees 47 minutes East a
distance of 833.3 feet to a point; thence South 32 degrees 41 minutes East a distance of
842.6 feet to a point; thence South 67 degrees 20 minutes West a distance of 864.0 feet
to a point on the land lot line dividing Land Lots 150 and 171; thence South 31 degrees
14 minutes East along the land lot line dividing Land Lots 150 and 171 a distance of 514.6

WEDNESDAY, MARCH 7, 1990

2617

feet to the land lot corner common to Land Lots 150, 151, 170 and 171; thence South 58 degrees 38 minutes West along the land lot line dividing Land Lots 150 and 151 a distance of 933.0 feet to a point; thence continuing South 58 degrees 36 minutes West along the land lot line dividing Land Lots 150 and 151 a distance of 2392.3 feet to the land lot cor ner common to Land Lots 138, 139, 150 and 151; thence North 30 degrees 09 minutes West along the land lot line dividing Land Lots 139 and 150 a distance of 886.2 feet to a point; thence South 64 degrees 21 minutes West a distance of 692.0 feet to a point; thence South 64 degrees 14 minutes West a distance of 200 feet, more or less, to the centerline of Georgia Highway No. 20; thence in a Northerly direction along the centerline of Georgia Highway Number 20 a distance of 1150 feet, more or less, to a point on the most Northeasterly 150 foot right-of-way line of Plantation Boulevard; thence Southwest erly along said Plantation Boulevard right-of-way line 280 feet, more or less, to a point located 130 feet Easterly as measured along said Plantation Boulevard right-of-way line from its intersection with the 60 foot Westerly right-of-way line of Chestnut Oak Court; thence Northerly a distance of 160 feet to a point; thence North 72 degrees 50 minutes East a distance of 42.4 feet to a point; thence North 16 degrees 18 minutes West a dis tance of 1112.35 feet to a point; thence North 73 degrees 42 minutes East 240 feet, more or less, to the centerline of Georgia Highway No. 20; thence Northerly along centerline of Georgia Highway No. 20 a distance of 1980 feet, more or less, to the Southern boundary of property now or formerly owned by James R. Brown; thence in a Southwesterly direc tion along the Southern boundary of property now or formerly owned by James R. Brown a distance of 1453.4 feet to a point; thence North 20 degrees 16 minutes West a distance of 324.6 feet to a point; thence North 42 degrees 06 minutes East a distance of 266.5 feet to a point; thence North 88 degrees 52 minutes East a distance of 267.6 feet to a point; thence North 19 degrees 51 minutes West a distance of 263.1 feet to a point; thence South 61 degrees 44 minutes West a distance of 900 feet, more or less, to the centerline of Davis Road; thence in a Southwesterly direction along the centerline of Davis Road a distance of 100 feet, more or less, to a point; thence South 21 degrees 42 minutes East a distance of 480 feet, more or less, to a point; thence South 75 degrees 49 minutes West a distance of 270.0 feet to a point; thence South 14 degrees 03 minutes East a distance of 200 feet to the centerline of Lockridge Lane; thence in a Westerly direction along the centerline of Lockridge Lane a distance of 550 feet, more or or less, to the centerline of Davis Road; thence in a Southerly direction along the centerline of Davis Road a distance of 200 feet,
more or less, to the centerline of Moon Road; thence in a Westerly direction along the cen
terline of Moon Road a distance of 2400 feet, more or less, to a point; thence South 11 degrees 04 minutes East a distance of 1100 feet, more or less, to a point; thence South 29 degrees 53 minutes East a distance of 839.6 feet to a point; thence South 59 degrees
10 minutes West a distance of 1280.1 feet to a point on the land lot line dividing Land
Lots 108 and 117; thence North 29 degrees 18 minutes West along the land lot line divid ing Land Lots 108 and 117 a distance of 516.0 feet to a point; thence South 39 degrees 07 minutes West a distance of 347.1 feet to a point; thence South 07 degrees 20 minutes
West a distance of 252.2 feet to a point; thence South 29 degrees 28 minutes East a dis tance of 435.4 feet to a point; thence South 60 degrees 06 minutes West a distance of 278.4 feet to a point; thence South 12 degrees 20 minutes West a distance of 165.0 feet to a
point; thence South a distance of 164.86 feet to a point; thence South 04 degrees 21 min utes East a distance of 870 feet, more or less, to the centerline of Johnson Road; thence
Northwesterly along the centerline of Johnson Road a distance of 300 feet, more or less, to the centerline of a branch; thence Southwesterly along the centerline of said branch and
following the meanderings thereof a distance of 620 feet, more or less, to a point; thence North 73 degrees 30 minutes West a distance of 657.1 feet, more or less, to the centerline
of Georgia Highway No. 124; thence North 13 degrees East along said centerline 287.3 feet,
more or less, to a point; thence North 71 degrees 53 minutes 00 seconds West a distance of 648 feet, more or less, thence South 13 degrees 56 minutes 00 seconds West a distance
of 232 feet, more or less, to a point; thence North 52 degrees 50 minutes West a distance of 1029.53 feet to a point; thence North 10 degrees 52 minutes East 509.67 feet to the most Southerly right-of-way line of Johnson Road; thence Southeasterly along said Johnson

2618

JOURNAL OF THE HOUSE,

Road right-of-way line 1673 feet, more or less, to the centerline of Georgia Highway Num ber 124; thence in a northeasterly direction along the centerline of Georgia Highway Num ber 124 a distance of 1640 feet, more or less, to a point located 2222.5 feet Southwesterly from the intersection of the Northwesterly right-of-way line of Georgia Highway No. 124 with the Southwesterly right-of-way line of Moon Road; thence North 72 degrees 14 min utes West a distance of 225 feet to a point; thence North 14 degrees 09 minutes East a distance of 120 feet to a point; thence South 72 degrees 14 minutes East a distance of 225 feet to the centerline of Georgia Highway No. 124; thence Northeast along said Georgia Highway No. 124 centerline 740 feet, more or less, to a point; thence North 64 degrees 09 minutes West a distance of 1384 feet, more or less, to the centerline of Old Snellville High way; thence in a Southerly direction along the centerline of Old Snellville Highway a dis tance of 566 feet, more or less, to a point; thence North 52 degrees 45 minutes West a distance of 900 feet to a point; thence South 37 degrees 15 minutes West a distance of 1560 feet, more or less, to the centerline of Johnson Road; thence in a Southeasterly direc tion along the centerline of Johnson Road a distance of 1300 feet, more or less, to the cen terline of Old Snellville Highway; thence Southwesterly along said centerline of Old Snellville Highway 1500 feet, more or less, to a point; thence North 51 degrees 00 minutes 00 seconds West a distance of 1720.61 feet to a point in the centerline of a branch; thence North 32 degrees 46 seconds 57 minutes East a distance of 526.18 feet; thence North 51 degrees 00 minutes 42 seconds West a distance of 1238.09 feet, more or less, to a point on the centerline of Lawrenceville-Five Forks Road; thence Northeasterly along said cen terline of Lawrenceville-Five Forks Road 86 feet, more or less, to a point; thence North 27 degrees 53 minutes 22 seconds West a distance of 1040 feet, more or less, to a point; thence North 27 degrees 53 minutes West a distance of 1399.6 feet to a point on the land lot line dividing Land Lots 83 and 84; thence South 61 degrees 40 minutes West along the land lot line dividing Land Lots 83 and 84 a distance of 170 feet, more or less, to a point; thence North 28 degrees 48 minutes West a distance of 2113.7 feet to a point; thence South 61 degrees 50 minutes West a distance 1237 feet to a point; thence North 23 degrees 55 minutes West a distance of 1948 feet to the centerline of the old location of Huston Road; thence in a Northerly direction along the centerline of the old location of Huston Road a distance of 812 feet to the centerline of U.S. Highway Number 29; thence in an Easterly direction along the centerline of U.S. Highway Number 29 a distance of 670 feet, more or less, to a point; thence South 28 degrees 31 minutes East a distance of 1590 feet, more or less, to a point; thence North 61 degrees 50 minutes East a distance of 605.9 feet to a point; thence South 29 degrees 01 minutes East a distance of 36.8 feet to a point; thence North 59 degrees 11 minutes East a distance of 870.8 feet, more or less, to the cen terline of Johnson Road and the land lot line dividing Land Lots 83 and 110; thence Northwesterly along said Johnson Road centerline and land lot line dividing Land Lots 83 and 110, through the land lot corner common to Land Lots 82, 83, 110 and 111 and along the land lot line dividing Land Lots 82 and 111, a distance of 715 feet, more or less, to the intersection of the Northwesterly 100 foot right-of-way line of U.S. Highway No. 29 and the land lot line dividing Land Lots 82 and 111; thence North 30 degrees 56 minutes 00 seconds West along said land lot line a distance of 195.25 feet to a point; thence North 68 degrees 29 minutes 16 seconds East a distance of 119.83 feet to a point; thence North 43 degrees 34 minutes 56 seconds East a distance of 190.16 feet to a point; thence South 55 degrees 04 minutes 25 seconds East a distance of 70.27 feet to a point; thence South 41 degrees 38 minutes 28 seconds East a distance of 244.11 feet to a point on the centerline of U.S. Highway No. 29; thence northeasterly along said centerline 1372 feet, more or less, to a point; thence North 47 degrees 03 minutes West a distance of 706 feet, more or less, to a point; thence North 30 degrees 45 minutes East a distance of 212.4 feet to a point; thence South 47 degrees 07 minutes 03 seconds East a distance of 309.15 feet to a point; thence South 50 degrees 40 minutes East a distance of 445 feet to a point on the
centerline of U.S. Highway No. 29; thence in a Northeasterly direction along the centerline
of U.S. Highway Number 29 a distance of 1135 feet, more or less, to a point on the land
lot line dividing Land Lots 111 and 114; thence North 30 degrees 33 minutes West along
the land lot line dividing Land Lots 111 and 114 a distance of 1350 feet, more or less,
to a point; thence South 51 degrees 33 minutes West a distance of 701.2 feet to a point;

WEDNESDAY, MARCH 7, 1990

2619

thence North 41 degrees 30 minutes West a distance of 1380 feet, more or less, to the centerline of Seaboard Coast Line Railroad; thence in a Northerly direction along the centerline of Seaboard Coast Line Railroad a distance of 350 feet, more or less, to a point; thence North 32 degrees 00 minutes West a distance of 1650 feet, more or less, to a point; thence South 59 degrees 21 minutes West a distance of 853.2 feet to the centerline of Monfort Road; thence South 59 degrees 21 minutes West along the centerline of Monfort Road a distance of 1728.6 feet to a point on the land lot line dividing Land Lots 81 and 112; thence North 30 degrees 50 minutes West along the land lot line dividing Land Lots 81 and 112; a distance of 804.4 feet to a point; thence North 31 degrees 11 minutes West along the land lot line dividing Land Lots 81 and 112 a distance of 710 feet, more or less, to centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the cen terline of Lawrenceville-Norcross Road a distance of 265 feet, more or less, to the centerline of a branch; thence Southwesterly along said centerline as follows: Southwesterly a distance of 30 feet, more or less, to the Southerly right-of-way line of LawrnecevilleNorcross Road; South 25 degrees 39 minutes West a distance of 14.1 feet to a point; South 49 degrees 19 minutes West a distance of 24.2 feet to a point; South 54 degrees 00 minutes West a distance of 45.6 feet to a point; South 44 degrees 43 minutes West a distance of 38.5 feet to a point; South 34 degrees 22 minutes West a distance of 39.8 feet to a point; South 24 degrees 55 minutes West a distance of 41.1 feet to a point; South 14 degrees 04 minutes West a distance of 30.7 feet to a point; South 07 degrees 37 minutes West a dis tance of 88.4 feet to a point; South 08 degrees 24 minutes West a distance of 55.8 feet to a point; South 18 degrees 34 minutes West a distance of 83.8 feet to a point; thence North 77 degrees 52 minutes West 250 feet, more or less, to the centerline of Hillandale Road; thence Northerly along said Hillandale Road centerline 222 feet to a point; thence North 81 degrees 15 minutes West a distance of 190 feet to a point; thence South 81 degrees 15 minutes West a distance of 83.7 feet to a point; thence South 81 degrees 11 minutes West a distance of 215.3 feet to a point; thence North 30 degrees 25 minutes West a distance of 331 feet, more or less, to a point in the centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the centerline of Lawrenceville-Norcross Road 1200 feet, more or less, to a point; thence South 30 degrees 25 minutes East a distance of 1187 feet, more or less, to a point on the land lot line common to Land Lots 6 and 81; thence South 59 degrees 24 minutes West along the land lot line dividing Land Lots 6 and 81 a distance of 360.4 feet to a point; thence North 30 degrees 25 minutes West a distance of 1310 feet, more or less, to the centerline of Lawrenceville-Norcross Road; thence in a Westerly direction along the centerline of Lawrenceville-Norcross Road a dis tance of 1130 feet, more or less, to the land lot dividing Land Lots 5 and 6; thence North 30 degrees 55 minutes West along the land lot line dividing Land Lots 5 and 6 a distance of 1735 feet, more or less, to the land lot corner common to Land Lots 5, 6, 34 and 35; thence in a Northeasterly direction along the land lot line dividing Land Lots 6 and 34 a distance of 1300 feet, more or less, to a point on the Northerly side of Georgia Highway Number 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway Number 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway Number 316 a distance of 12,000 feet, more or less, to the land lot line dividing Land Lots 9 and 10; thence North 30 degrees 57 minutes 39 seconds West along said land lot line, through the land lot corner common to Land Lots 9, 10, 30 and 31 and along the land lot line dividing Land Lots 30 and 31 a distance of 1245.14 feet to a point; thence North 31 degrees 15 minutes West along said land lot line a distance of 1689 feet to a point; thence North 29 degrees 29 min utes West along said land lot line, through the land lot corner common to Land Lots 30, 31, 48 and 49 and along the land lot line dividing Land Lots 48 and 49 a distance of 1911.8 feet to a point; thence South 72 degrees 27 minutes 00 seconds West a distance of 263.41 feet to a point; thence North 21 degrees 30 minutes 00 seconds West a distance
of 103.99 feet to a point; thence North 29 degrees 30 minutes 00 seconds West a distance
of 100.19 feet to a point; thence North 59 degrees 29 minutes 00 seconds West a distance
of 1314.75 feet to a point; thence North 60 degrees 07 minutes 04 seconds East a distance
of 888.10 feet to a point on the land lot line dividing Land Lots 48 and 49; thence South
30 degrees 14 minutes 31 seconds East along said land lot line a distance of 319.46 feet

2620

JOURNAL OF THE HOUSE,

to a point; thence North 72 degrees 00 minutes 48 seconds East a distance of 92.10 feet to the centerline of Little Suwanee Creek; thence Northeasterly, Northerly and Northwest erly along said centerline 623 feet, more or less, to a point; thence North 71 degrees 40 minutes 29 seconds East a distance of 1086.08 feet to the most Southwesterly 80 foot right-of-way line of Collins Hill Road; thence Southeasterly along said Collins Hill Road right-of-way line 527.84 feet to a point; thence South 72 degrees 00 minutes 48 seconds West a distance of 220.00 feet to a point; thence South 33 degrees 48 minutes 15 seconds East to a distance of 278.96 feet to a point; thence North 62 degrees 28 minutes 54 seconds East a distance of 19.86 feet to a point; thence South 39 degrees 47 minutes 47 seconds East a distance of 100.00 feet to a point; thence North 62 degrees 59 minutes 01 seconds East a distance of 200.00 feet to a point on the most southwesterly 80 foot right-of-way line of Collins Hill Road; thence Southeasterly along said Collins Hill Road right-of-way line 249.19 feet to the centerline of Yellow River; thence Southeasterly, Southerly and Southwesterly along said centerline 1305 feet, more or less, to a point on the land lot line dividing Land Lots 30 and 49; thence North 59 degrees 55 minutes East along said land lot line 15.0 feet to a point; thence North 58 degrees 45 minutes East along said land lot line 2213 feet to the land lot corner common to Land Lots 29, 30, 49 and 50; thence South 31 degrees East along the land lot line dividing Land lots 29 and 30 a distance of 2791 feet to a point; thence South 59 degrees West a distance of 598 feet to a point; thence South 31 degrees 18 minutes 00 seconds East 528.77 feet to a point; thence North 58 degrees 42 minutes East 585 feet to the centerline of Collins Hill Road; thence Southeast erly along said Collins Hill Road centerline 250 feet, more or less, to a point; thence North 55 degrees 40 minutes 26 seconds East a distance of 360.59 feet to a point; thence South 30 degrees 00 minutes 08 seconds East 872.15 feet, more or less, to a point on the North erly side of Georgia Highway No. 316, said point being located 150 feet North of and per pendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 2900 feet, more or less, to the intersection of the Northerly side of Georgia Highway No. 316 and the Westerly side of Georgia Highway No. 20; thence North 89
degrees 09 minutes 55 seconds West a distance of 248.08 feet to a point; thence North 00 degrees 43 minutes 51 seconds West a distance of 143.01 feet to a point; thence South 89 degrees 02 minutes 51 seconds East a distance of 285.43 feet to the Westerly Side of Geor gia Highway No. 20; thence Northeasterly across Georgia Highway No. 20 to the Easterly side of Georgia Highway No. 20; thence north 60 degrees 09 minutes 48 seconds East a distance of 254.10 feet to a point on the Southerly side of Reynolds Road; thence North erly across Reynolds Road to a point on the Northerly side of Reynolds Road; thence North 03 degrees 49 minutes 57 seconds East a distance of 400 feet, more or less to a point; thence North 83 degrees 19 minutes 24 seconds West a distance of 130.34 feet to a point on the Easterly side of Georgia Highway No. 20; thence Southwesterly across Geor gia Highway No. 20 to a point on the Westerly side of Georgia Highway no. 20; thence North 73 degrees 14 minutes 08 seconds West a distance of 219.81 feet to a point; thence North 79 degrees 08 minutes 22 seconds West a distance of 524.27 feet to a point; thence North 27 degrees 11 minutes 49 seconds West a distance of 661.62 feet to a point on the land lot line dividing Land Lots 11 and 29; thence South 58 degrees 53 minutes 17 seconds West along said land lot line 257.97 feet to a point; thence North 05 degrees 44 minutes 47 seconds West a distance of 39.60 feet to a point; thence North 29 degrees 35 minutes 18 seconds West a distance of 195.00 feet to a point; thence North 61 degrees 08 minutes 35 seconds West a distance of 132.32 feet to a point; thence North 78 degrees 07 minutes 15 seconds West a distance of 135.80 feet to a point; thence South 87 degrees 13 minutes 54 seconds West a distance of 136.07 feet to a point; thence North 85 degrees 24 minutes 29 seconds West a distance of 130.56 feet to a point; thence North 83 degrees 02 minutes 25 seconds West a distance of 225.24 feet to a point; thence North 31 degrees 20 minutes
00 seconds West a distance of 635.84 feet to a point; thence North 83 degrees 44 minutes
20 seconds East a distance of 2265.27 feet to a point; thence South 04 degrees 19 minutes
26 seconds West a distance of 556.34 feet to a point on the Northerly 60 foot right-of-way
line of Cripple Creek Drive; thence South 85 degrees 04 minutes 46 seconds East along
said Cripple Creek Drive right-of-way line 429.86 feet to the centerline of Georgia Highway

WEDNESDAY, MARCH 7, 1990

2621

Number 20; thence Northerly along said Georgia Highway No. 20 centerline 100 feet, more or less, to a point; thence South 69 degrees 22 minutes 39 seconds East a distance of 324.87 feet to a point; thence South 28 degrees 05 minutes 20 seconds East a distance of 182.78 feet to a point; thence South 29 degrees 51 minutes 25 seconds East a distance of 916.22 feet to a point; thence South 30 degrees 20 minutes 22 seconds East a distance of 39.01 feet to a point; thence South 60 degrees 15 minutes 48 seconds West a distance of 749.18 feet to a point on the Northerly right-of-way line of Reynolds Road; thence South erly across Reynolds Road to a point on the Southerly side of Reynolds Road; thence South 34 degrees 41 minutes 40 seconds East a distance of 25.86 feet to a point; thence South 55 degrees 18 minutes 20 seconds West a distance of 95.08 feet to a point; thence South 25 degrees 43 minutes 52 seconds East a distance of 143.97 feet to a point on the Northerly side of Georgia Highway No. 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direc tion along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 700 feet, more or less, to a point; thence North 27 degrees 04 minutes 36 seconds West a distance of 319.61 feet to a point on the Southeasterly 30 foot right-ofway line of Reynolds Road; thence North 55 degrees 50 minutes 49 seconds East along said Reynolds Road right-of-way 145.60 feet to a point; thence South 31 degrees 56 minutes 33 seconds East a distance of 455 feet, more or less to a point on the Northerly side of Georgia Highway No. 316, said point being located 150 feet North of and perpendicular to the centerline of Georgia Highway No. 316; thence in an Easterly direction along a line 150 feet North of and parallel to the centerline of Georgia Highway No. 316 a distance of 2300 feet, more or less, to the centerline of Prison Camp Road; thence in a Southerly direction along the centerline of Prison Camp Road a distance of 1000 feet, more or less, to the centerline of Hurricane Shoals Road; thence in a Westerly direction along the cen terline of Hurricane Shoals Road a distance of 3700 feet, more or less, to a point; thence South 01 degree 09 minutes East a distance of 426 feet, more or less, to a point; thence North 87 degrees 06 minutes Bast a distance of 441.5 feet to a point; thence South 00 degrees 21 minutes West a distance of 420.0 feet to a point; thence North 80 degrees 00 minutes East a distance of 426.5 feet to the land lot line dividing Land Lots 176 and 177; thence South 30 degrees 30 minutes East along the land lot line dividing Land Lots 176 and 177 a distance of 151 feet to a point; thence North 67 degrees 15 minutes East a dis tance of 1362 feet to a point on the Easterly side of Hosea Road; thence South 30 degrees 00 minutes East along the easterly side of Hosea Road a distance of 151 feet to a point; thence North 44 degrees 30 minutes East a distance of 687 feet to a point; thence North 59 degrees 45 minutes East a distance of 1367 feet to a point on the land lot line dividing Land Lots 177 and 208; thence along said land lot line to a point located 1544.2 feet Northwest, as measured along said land lot line, from the land lot corner common to Land Lots 177, 178, 207 and 208; thence North 70 degrees 15 minutes East a distance of 1944.44 feet to a point; thence South 31 degrees 03 minutes East a distance of 1174.95 feet to a point on the land lot line dividing Land Lots 207 and 208; thence South 56 degrees 45 minutes West along said land lot line a distance of 900 feet; thence South 60 degrees 30 minutes West along said land lot line a distance of 350 feet; thence South 69 degrees West along said land lot line a distance of 65 feet; thence South 56 degrees 03 minutes West along said land lot line a distance of 622.4 feet to the land lot corner common to Land Lots 177, 178, 207 and 208; thence southeasterly along the land lot line dividing Land Lots 178 and 207 a distance of 1707.8 feet, more or less, to a point; said point being located 1030 feet in a Northwesterly direction along the land lot line dividing Land Lots 178 and 207 from the centerline of U.S. Highway Number 29, thence in a Southwesterly direction a distance of 1703.7 feet to the centerline of Hosea Road; thence in a southeasterly direc tion along the centerline of Hosea Road a distance of 1030 feet to the centerline of U.S. Highway Number 29; thence South 29 degrees 43 minutes East along the property line of
now or formerly of Una Hinton a distance of 450 feet, more or less, to the land lot line
dividing Land Lots 178 and 179; thence North 60 degrees 23 minutes East along the land
lot line dividing Land Lots 178 and 179 a distance of 1265.1 feet to a point; thence North
26 degrees 40 minutes West a distance of 411.9 feet to the Southeasterly side of U.S. High
way No. 29; thence Northeasterly along the Southeasterly side of U.S. Highway No. 29 a

2622

JOURNAL OF THE HOUSE,

distance of 400 feet to the land lot line dividing Land Lots 178 and 207; thence South 30 degrees 23 minutes East along said land lot line 409.1 feet to the common corner of Land Lots 178, 179, 206 and 207; thence South 30 degrees 18 minutes East along the land lot line dividing Land Lots 179 and 206 a distance of 1869.8 feet to a point; thence South 61 degrees 56 minutes West a distance of 1129.0 feet to a point; thence South 27 degrees 08 minutes East a distance of 1597 feet, more or less, to the centerline of Springlake Road; thence in a Northeasterly direction along the centerline of Springlake Road a distance of 390 feet to a point; thence South 31 degrees 14 minutes 21 seconds East a distance of 280.00 feet to a point; thence North 58 degrees 48 minutes 04 seconds East a distance of 280.00 feet to a point; thence North 58 degrees 41 minutes 06 seconds East a distance of 192.00 feet to a point; thence North 58 degrees 47 minutes 00 seconds East a distance of 110.00 feet to a point; thence North 31 degrees 13 minutes 00 seconds West a distance of 250.00 feet to a point on the southeasterly 80 foot right-of-way line of Springlake Road; thence North 58 degrees 47 minutes East along said Springlake Road right-of-way line 120.00 feet to a point; thence South 29 degrees 00 minutes 00 seconds East a distance of 780.96 feet to a point located in an old roadway dividing the property of McGarity and Yancey; thence in an Easterly direction along the centerline of said old roadway and the Northerly property line of Yancey a distance of 205.1 feet to the land lot line dividing Land Lots 180 and 205; thence in a Southeasterly direction along the land lot line dividing Land Lots 180 and 205 a distance of 2400 feet, more or less, to the land lot corner com mon to Land Lots 180, 181, 204 and 205, said land lot corner being the point of beginning:
LESS AND EXCEPT THE FOLLOWING PROPERTY AS SHOWN ON GWINNETT COUNTY
TAX MAPS (1989)

District

Land Lot

Parcel Number

Owner

Description

83
112 & 113 140
144 144 144 144 144 144 144 144 144 144 144 144 144 144 144 144 144 148 148 148 148 148 177

5-83-3C
5-113-3 5-140-5
& 261 5-144-7 5-144-7A 5-144-7B 5-144-7C 5-144-7D 5-144-7E 5-144-7F 5-144-7G 5-144-8A 5-144-9 5-144-10 5-144-11 5-144-12 5-144-13 5-144-15 5-144-16 5-144-17 5-148-10 5-148-11 5-148-12 5-148-13 5-148-14 5-177-33

Mission aries of St. Francis Craig Porter

3.3 Acres
4.356 Acres Grayson Hwy.

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

McConnell Drive Property

Cheek

Grayson Hwy.

Ethridge

Grayson Hwy.

Everett

Grayson Hwy.

Thurmond

Grayson Hwy.

Bowen

Grayson Hwy.

Gwinnett

Hurricane Sh.

Iron & Steel

WEDNESDAY, MARCH 7, 1990

2623

5

177

5-177-34

Gwinnett

Hurricane Sh.

Iron & Steel

7

9

7-9-1B

Huff

Hurricane Sh.

7

9

7-9-3

Sammon

Hurricane Sh.

7

9

7-9-4

Oxford

1.42 Acres

Invest

ments #8

7

9

7-9-9

McNally

Hurricane Sh.

7

9

7-9-14

Springfield

7.54 Acres

Bridge

7

9

7-9-15

R. W.

52.24 Acres

Investments,

N.V.

7

9

7-9-19

Brown

3.67 Acres

7

9

7-9-27

Oxford

13.37 Acres

Invest

ments #8

7

9

7-9-35

Walther

7.96 Acres

7

9

7-9-39

Oxford

Invest

4.73 Acres

ments #8

7

10

7-10-4

Hickam

14.12 Acres

7

10

7-10A-2

Northern Heights Subdivision

7

10

7-10A-3

Northern Heights Subdivision

7

10

7-10A-4

Northern Heights Subdivision

7

10

7-10A-5

Northern Heights Subdivision

7

10

7-10A-6

Northern Heights Subdivision

7

10

7-10A-8

Northern Heights Subdivision

7

10

7-10A-9

Northern Heights Subdivision

7

10

7-10A-10

Northern Heights Subdivision

7

10

7-10A-11

Northern Heights Subdivision

7

10

7-10A-12

Northern Heights Subdivision

7

10

7-10A-13

Northern Heights Subdivision

7

10

7-10A-14

Northern Heights Subdivision

7

10

7-10A-15

Northern Heights Subdivision

7

10

7-10A-16

Northern Heights Subdivision

7

10

7-10A-17

Northern Heights Subdivision

7

10

7-10A-18

Northern Heights Subdivision

7

10

7-10A-20

Northern Heights Subdivision

7

10

7-10A-21

Northern Heights Subdivision

7

10

7-10A-22

Northern Heights Subdivision

7

10

7-10A-23

Northern Heights Subdivision

7

10

7-10A-24

Northern Heights Subdivision

7

10

7-10A-25

Northern Heights Subdivision

7

10

7-10A-26

Northern Heights Subdivision

7

10

7-10A-28

Northern Heights Subdivision

7

10

7-10A-31

Northern Heights Subdivision

7

10

7-10A-32

Northern Heights Subdivision

7

10

7-10A-33

Northern Heights Subdivision

7

10

7-10A-34

Northern Heights Subdivision

7

10

7-10A-35

Northern Heights Subdivision

7

10

7-10A-36

Northern Heights Subdivision

7

10

7-10A-46

Northern Heights Subdivision

7

10

7-10A-50

Northern Heights Subdivision

7

11

7-11-003

Charles Hood

12.4 Acres

&99

7

12

7-12-17

Globe Oil Co.

'Jim Wallace'

2624

JOURNAL OF THE HOUSE,

7

12

7-12-45

Hamby

Ga. Hwy. 20

7 7

12

7-12-46

Hamby

28

7-28-19

Wall

Ga. Hw2y2. 'A20'

7

28

7-28-22

Andrew

4 'A'

Electric

7

28

7-28-23

J & B Inv.

3 'A'

7

28

7-28-103

Gwinnett Co.

Farm Bureau

7

28

7-28-106

McCart

7 7 7

28

7-28-110

Hebron Church

29

7-29-98

Stancil

29

7-29-99

Saw Works

17 'A' 16 'A'"

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Wall of the 61st moved that the House agree to the Senate substitute to HB 1998.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 749. By Senators Scott of the 2nd and Hammill of the 3rd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials; to provide for cost-of-living increases.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 749

The Committee of Conference on SB 749 recommends that both the Senate and the House of Representatives recede from their positions and that the bill as passed by the Senate with the attached amendment be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ J. Tom Coleman, Jr. Senator, 1st District
/s/ Albert J. Scott Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES: //in,, /s/ Jlm TMnnell Representative, 122nd District
/s/ Sonny Dixon Representative, 128th District

/s/ R. Joseph Hammill Senator, 3rd District

/s/ Roy L. Alien Representative, 127th District

The Committee of Conference on SB 749 offers the following amendment:
Amend SB 749 by striking from lines 6 and 7 on page 2 the following:
"Magistrate of the magistrate court............................................................................ 45,000.00 per annum".

WEDNESDAY, MARCH 7, 1990

2625

Representative Dixon of the 128th moved that the House adopt the report of the Committee of Conference on SB 749.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

HB 1986.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act to reincorporate the City of Forest Park in the County of Clayton, so as to change the corporate limits.

The following Senate substitute was read:

A BILL
To amend an Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4407), so as to change the corporate limits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4407), is amended by adding at the end of Sec tion 1.11 a new subsection (c) to read as follows:
"(c) The corporate boundaries of the City of Forest Park in the County of Clayton shall include:
All of that tract or parcel of land lying and being in Land Lots 14, 19, 20, 45, 46, 51 & 52 of the 13th District, Clayton County Georgia, being more particularly described as follows: Begin at the point of intersection of the northerly right of way line of the Central of Georgia Railroad (100' right of way) with the Westerly right of way line of Hale Road, if extended northerly, said point being located in Land Lot 51; thence northwesterly along the northerly right of way line of the Central of Georgia Railroad a distance of 2,700 feet more or less to a point on the westerly right of way line of U.S. Highway No. 41 & 19; thence northerly along said right of way line a distance of 1440 feet more or less to the point of intersection of the westerly right of way line of U.S. Highway 41 & 19 and the Southeasterly right of way line of Interstate Highway No. 285; thence northeasterly along said right of way line 480 feet more or less to a point; thence leav ing said right of way line East and crossing the end of Conrad Avenue a distance of 350 feet more or less to a point; thence north 875 feet more or less to a point on the southeast right of way line of Interstate right of way No. 285; thence following the southeasterly right of way line of Interstate Highway No. 285 northeasterly a distance of 1,900 feet more or less to the point of intersection of the southeasterly right of way line of Interstate Highway No. 285 and the easterly right of way line of Ballard Road; thence continuing along the southeasterly right of way line of Interstate Highway No. 285 northeasterly a distance of 350 feet, more or less to a point; thence leaving said right of way line North 89 East a distance of 200.00 feet more or less to a point; thence South 0-16" East a distance of 2125.5 feet to a point on the South boundary line of Land Lot 19; thence North 89 East along said Land Lot line a distance of 500 feet more or less; thence in a southerly direction along the West lot line of Lots 8 and 9 of the Burks Acres Subdivision a distance of 193.4 feet to a point; thence in a South-southwesterly direction along the West lot line of Lots 5, 6, 7 and 8 a distance of 229.7 feet to a point; thence in a southwesterly direction along the west lot line of

2626

JOURNAL OF THE HOUSE,

Lot 4 a distance of 148. 9 feet to a point; thence in a northwesterly direction along the North lot line of Lot 3 a distance of 150.0 feet to a point; thence in a southerly direction along the West lot line of Lot 3 a distance of 150.0 feet to a point; thence in an easterly direction along the South line of Lot 3 of the Burks Acres Subdivision 292.5 feet to a point on the West right of way line of a 25' alley which runs between City View Drive and Scott Boulevard; thence South 0 30' West along the West right of way line of said alley a distance of 480 feet more or less; thence South 89 West a distance of 362 feet more or less; thence South 38 30' West a distance of 30 feet more or less to a point on the South right of way of Stone Mountain View Drive (40' right of way); thence along said right of way line South 51 45' East a distance of 494 feet to a point; thence South 36-30' West a distance of 325.5 feet; thence South 16-30' West a distance of 194 feet more or less; thence South 8-30' East a distance of 133.5 feet to a point; thence South 89 West a distance of 310 feet more or less; thence South 89-29'-20" West 500.00 feet to an iron pin; thence South 84-00' West
a distance of 13.80 feet to an iron pin on the West land lot line of Land Lot 46; thence along said land lot line South 0-03' West a distance of 439.96; thence North
89-22' West a distance of 330.40 feet to an iron pin on the northeasterly right of way line of State Highway 160 (Forest Park Road); thence southeasterly along said right
of way line a distance of 1,806 feet more or less to the point of intersection of the northerly right of way line of State Highway 160 with the westerly right of way line of Hale Road, if said westerly right of way line were extended northerly; thence south erly along the westerly right of way line of Hale Road extended a distance of 10 feet
more or less to the Point of Beginning; less and except the following: (1) A parcel of property lying in Land Lot 45, 13th District, Clayton County, Geor
gia, being more particularly described as follows; Begin at the point of intersection of the northeasterly right of way line of Georgia
Highway 160 with the southerly right of way line of Stone Mountain View Drive; thence easterly along said southerly right of way line a distance of 399 feet to a point;
thence leaving said right of way line South 231.3 feet more or less to a point; thence East a distance of 100 feet more or less to a point; thence South a distance of 100
feet more or less to a point; thence West a distance of 212 feet more or less to a point on the northeasterly right of way line of Georgia Highway 160; thence northwesterly
along said right of way line a distance of 492 feet more or less to the Point of Begin ning.
(2) All that tract or parcel of land lying and being in Land Lot No. 46 of the 13th Land District of Clayton County, Georgia, and by plat of R. S. Mundy, dated Febru
ary 7, 1949, and revised May 17, 1965 by C. E. Lee, said plat being recorded in the office of the Clerk of Superior Court of Clayton County, Georgia; said tract, according
to said plat, being described more particularly as follows: BEGINNING at a point located South, 1 degree and 15 minutes West, as measured
along the West line of Land Lot No. 46 aforesaid, a distance of 206 feet from the Northwest corner of said Land Lot No. 46; running thence North, 89 degress East, a
distance of 120 feet; thence North, 1 degree and 15 minutes West, a distance of 70 feet; thence North, 89 degrees East, a distance of 62 feet; thence North, 1 degree and
15 minutes West, a distance of 136 feet to a point on the North line of said Land
Lot No. 46; thence North, 89 degrees East, as measured along the North line of said
Land Lot No. 46, a distance of 594 feet to a corner; thence due South a distance of 436 feet to a corner; thence due West a distance of 334.3 feet to a point on the center-
line of a branch or stream; thence southerly, as measured along the meandering of said branch or stream, a distance of 217 feet to the North line of lands now or for
merly owned by Ridenour; thence due West, as measured along the North line of said Ridenour lands, a distance of 411 feet to a point on the West line of Land Lot No.
46; thence North, 1 degree and 15 minutes West, as measured along the West line of said Land Lot No. 46, a distance of 425 feet, back to the POINT OF BEGINNING; said lands being a portion of the lands conveyed to Clinton L. Montgomery and Hilda M. Montgomery by heirs-at-law of Mrs. Tucker Tyler, deceased, by deed dated Janu
ary, 1948, and recorded in Deed Book 58 at Page 130, records of Clayton County, Georgia.

WEDNESDAY, MARCH 7, 1990

2627

(3) All that tract or parcel of land lying and being in Land Lot 46 of the 13th Dis trict of Clayton County, Georgia and being the same 9 % acres, more or less, conveyed by W. W. Cook to Mrs. Callie F. Ridenhour by warranty deed dated May 1, 1933, and recorded in Deed Book 28, page 76 (Clayton County Records); and being part of that tract designated as parcel "C" in the jury verdict rendered February 26, 1912, in Clayton Superior Court Case No. 9 of the February Term, 1912, in the case styled J.W.E. Harrison vs. Ada Watts (a/k/a Mrs. F. O. Watts) (Issue Docket "B" Page 140); and being improved property known as No. 4573 CITY VIEW DRIVE."
Section 2. Notwithstanding the above-stated annexation, the Clayton County Water Authority shall be authorized to continue to provide service to its present customers in the area.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Bailey of the 72nd moved that the House agree to the Senate substi tute to HB 1986.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 2067.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the compensation of said officers; to fix the salary of the sheriff; to fix the salary of the clerk of superior court; to provide longevity allowances to the clerk of superior court for prior years of service.

The following Senate amendment was read:

Amend HB 2067 by striking from line 19 of page 2 the figure "$50,864.00" and insert ing in its place the figure "$52,600.00".

Representative Bailey of the 72nd moved that the House agree to the Senate amend ment to HB 2067.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House:

HR 1074. By Representatives Murphy of the 18th, Connell of the 87th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd and Walker of the 115th:
A resolution relative to adjournment.

2628

JOURNAL OF THE HOUSE,

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 1074. By Representatives Murphy of the 18th, Connell of the 87th, Groover of the 99th, Edwards of the 112th, Lee of the 72nd and Walker of the 115th:
A resolution relative to adjournment.
The following Senate amendment was read:
Amend HR 1074 by striking on line 3: "10:00 P.M." and inserting in lieu thereof: "12:00 midnight";
And by striking on line 4: "reconvene at 10:00 A.M." and inserting in lieu thereof: reconvene at "9:00 A.M.".
On the motion to agree to the Senate amendment to HR 1074, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Balkcom
Bannister YBarfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates
Beck Y Benefleld YBenn
Birdsong Y Bishop Y Bostick
Y Branch Breedlove
Y Brooks Y Brown
Buck YBuford YByrd Y Campbell YCarrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H Y Clark,L
Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis.M Y Diion,H Y Diion,S
Dobbs Y Dover Y Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd^I.W
Y Foster YGodbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson.J Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore
Kingston YLane,D
YLane.R Langford
Y Lawrence YLawson YLee
Linder Long YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy McDonald Y McKelvey

On the motion, the ayes were 144, nays 0. The motion prevailed.

McKinney.B Y McKinney.C
Y Meadows Milam
Y Mobley
Y Moody YMorton Y Moultrie Y MueUer Y Oliver.C Y Oliver,M
YOrr YOrrock Y Padgett YPannell YParham
Y Fairish Patten
Y Pettit Pinkston
YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y SmithJ, Y Smith,P Y Smith,T Y Smith,W YSmyre
YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele
Stephens YStreat YTeper Y Thomas,C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend YTwigga
YVaughan Y Waddle
Walker.C Walker.L YWall
Ware Y Watson Y Watts
White Y Wilder Y WiUiams.B
Williams.J Y Yates Y Yeargin
Murphy ,Spkr

WEDNESDAY, MARCH 7, 1990

2629

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Resolution of the House:

HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.

The President has appointed on the part of the Senate the following: Senators Turner of the 8th, Gillis of the 20th and McKenzie of the 14th.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 442. By Representative Porter of the 119th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.
The President has appointed on the part of the Senate the following:
Senators Gillis of the 20th, Dean of the 31st and Turner of the 8th.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1272. By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th and Jackson of the 9th:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Anno tated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimburse ment; to amend Chapter 10 of Title 49 of the Official Code of Georgia Anno tated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimburse ment of travel expenses.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1171.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to provide for certain ran dom drug testing of certain state employees; to provide for definitions.

2630

JOURNAL OF THE HOUSE,

The Senate insists on its substitute to the following Bill of the House:

HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registra tion and election.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1243.

By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the defi nition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have com mitted a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult.

HB 1578.

By Representatives Martin of the 26th and Lupton of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem tax ation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of landmark historic property under certain circumstances; to change the provisions relating to the assess ment of tangible property.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1660.

By Representatives Kingston of the 125th and Dixon of the 128th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to authorize a county board of equalization by regulation to establish a notice of appeal filing fee not to exceed $20.00.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:

HR 777. By Representatives Thomas of the 69th, Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A resolution proposing an amendment to the Constitution so as to provide for suits against state officials and employees; to provide for the liability of state officials and employees for injuries and damages arising from their dis charge of their official functions.

The Senate has disagreed to the House amendments to the Senate substitutes to the following Bills of the House:

WEDNESDAY, MARCH 7, 1990

2631

HB 1317.

By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to pro vide for definitions; to provide for the purpose of such registry.

HB 1318.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such commit tees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoe-

HB 1319.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for defi nitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1098.

By Representatives Dobbs of the 74th and Groover of the 99th:
A bill to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment except under certain specified conditions.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1710.

By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Ricketson of the 82nd, Griffin of the 6th and others:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Anno tated, relating to the Georgia Life and Health Insurance Guaranty Associa tion, so as to revise provisions relative to assessments against insurers which are members of such association; to provide for classes of assessments and the method of computing such assessments.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1742.

By Representative Godbee of the 110th:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Anno tated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.

2632

JOURNAL OF THE HOUSE,

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1521.

By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commis sion, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

Representative Dover of the llth District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 232 Do Pass, by Substitute
Respectfully submitted, lal Dover of the llth
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 357 Do Pass, by Substitute SB 358 Do Pass, by Substitute SB 359 Do Pass, by Substitute
Respectfully submitted, Is./ Lane of the 27th
Chairman

The following Resolutions of the House were read and adopted:

HR 1068. By Representatives Herbert of the 76th and Yates of the 75th: A resolution recognizing the Sesquicentennial of the City of Griffin, Georgia.

HR 1072. By Representatives White of the 132nd and Murphy of the 18th: A resolution commending Cable News Network (CNN).

HR 1073. By Representative Murphy of the 18th: A resolution congratulating Norris Smith on his 50th birthday.

WEDNESDAY, MARCH 7, 1990

2633

HR 1075. By Representatives Colwell of the 4th, Foster of the 6th, Dobbs of the 74th, Watts of the 41st, Smith of the 16th and others:
A resolution commending Lieutenant O. T. Ray and Correctional Officers Mario Robinson, Clinton E. Kennedy, and Charles Williams.

HR 1076. By Representatives Smyre of the 92nd, Hooks of the 116th, Murphy of the 18th, Benn of the 38th, Sinkfield of the 37th and others:
A resolution commending and recognizing Mr. Roberto Goizueta.

HR 1077.

By Representatives Colwell of the 4th, Foster of the 6th, Dobbs of the 74th, Watts of the 41st, Smith of the 16th and others:
A resolution commending Correctional Officers Don Pendarvis and Ferrell Peagler and other correctional officers.

HR 1078. By Representative Goodwin of the 63rd: A resolution commending Norcross High School.

HR 1079. By Representative Richardson of the 52nd: A resolution commending the Vietnam Era women nurses.

HR 1080. By Representatives White of the 132nd and Cummings of the 134th:
A resolution commending the Afro-American Police League of Albany, Geor gia, Inc. (A.A.P.L.).

HR 1081. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending the Dougherty County School System.

HR 1082. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending Washington Long, Jr.

HR 1083. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th: A resolution commending the Albany Area Arts Council.
HR 1084. By Representatives Kingston of the 125th, Dixon of the 128th, Pannell of the 122nd and Mueller of the 126th: A resolution commending the Forest City Gun Club.
HR 1085. By Representatives Holland of the 136th and Hanner of the 131st: A resolution commending Mrs. Opal Cannon on the event of her retirement.
HR 1086. By Representative Holland of the 136th: A resolution commending Mrs. Glenda Bozeman Brown.

2634

JOURNAL OF THE HOUSE,

HR 1087. By Representative Holland of the 136th: A resolution commending Mr. Henry Hall Woolard, Sr.

HR 1088. By Representative Holland of the 136th:
A resolution commending and congratulating the First United Methodist Church of Ashburn on its centennial.

HR 1089. By Representative Holland of the 136th:
A resolution expressing regret at the passing of the Reverend Raymond G. Johnson.

HR 1090. By Representative Redding of the 50th: A resolution commending the Tuskegee Airmen, Inc.

HR 1091. By Representative Smith of the 152nd: A resolution expressing condolences at the passing of Jerald Scotty Taylor.

HR 1092. By Representatives Fennel of the 155th and Smith of the 156th: A resolution commending Dr. John W. Teel.

HR 1093.

By Representatives Thomas of the 69th, Pannell of the 122nd, Porter of the 119th and Chambless of the 133rd:
A resolution proclaiming the first week of May as Law Related Education Week in Georgia.

HR 1094. By Representative Holland of the 136th:
A resolution commending and congratulating the First Baptist Church of Ashburn on its centennial.

HR 1095. By Representative Holland of the 136th: A resolution commending Ms. Marian A. Sumner.

HR 1096. By Representatives Holland of the 136th and Orr of the 9th: A resolution commending Mr. Oren H. "Buddy" Harden, Jr.

HR 1097. By Representatives Holland of the 136th and Hanner of the 131st: A resolution commending Dr. Robert Clay.

HR 1098. By Representative Holland of the 136th: A resolution commending Mr. Edmund Perry Fletcher, Sr.

HR 1099. By Representative Holland of the 136th:
A resolution expressing regret at the passing of Mrs. Allie M. Ruth (Short) Golub.

WEDNESDAY, MARCH 7, 1990

2635

HR 1100. By Representative Holland of the 136th: A resolution commending Mrs. Merle Trammell.

HR 1101.

By Representatives Bargeron of the 108th, Cummings of the 134th, Brooks of the 34th, Godbee of the 110th, Thomas of the 31st and others:
A resolution urging the conveyance of the Boggs Academy property to the Boggs Community Development Corporation.

HR 1102. By Representatives Fennel of the 155th and Smith of the 156th:
A resolution commending and recognizing Mr. Raymond Lamar "Racehorse" Davis.

HR 1103. By Representatives Athon of the 57th, Alford of the 57th, Dover of the llth, Murphy of the 18th, Richardson of the 52nd and others:
A resolution commending Honorable William C. "Bill" Mangum, Jr.

HR 1104.

By Representatives Walker of the 85th, Connell of the 87th, Padgett of the 86th, Ransom of the 90th, Cheeks of the 89th and others:
A resolution commending and recognizing Honorable Thomas F. Allgood, Senate Majority Leader.

HR 1105.

By Representatives Ehrhart of the 20th, Vaughan of the 20th, Howren of the 20th, Aiken of the 21st, Atkins of the 21st and others:
A resolution commending and recognizing the Jessye Coleman Council of the Cobb County Parent Teacher Association.

HR 1106. By Representatives Holmes of the 28th, Orrock of the 30th, Brown of the 88th, Brooks of the 34th, Stanley of the 33rd and others:
A resolution commemorating the twenty-fifth anniversary of the enactment of the federal Voting Rights Act of 1965.

HR 1107. By Representatives Carrell of the 65th, Irwin of the 13th, Murphy of the 18th, Fennel of the 155th, Lee of the 72nd and others:
A resolution commending the Honorable John O. Mobley, Jr.

HR 1108. By Representative Murphy of the 18th:
A resolution expressing the consensus of the House of Representatives with respect to the Tenth Amendment to the United States Constitution.

HR 1109. By Representative Redding of the 50th:
A resolution commending the Abundant Life Church on the event of the tenth anniversary of its founding.

HR 1110. By Representatives Lupton of the 25th, Isakson of the 21st, Clark of the 20th, Felton of the 22nd, Heard of the 43rd and others:
A resolution commending Honorable Kiliaen V.R. Townsend.

2636

JOURNAL OF THE HOUSE,

HR 1111.

By Representatives Stephens of the 68th, Thurmond of the 67th and Buck of the 95th:
A resolution expressing regret at the passing of Mr. Thomas Wilkinson Mahler.

HR 1112. By Representatives Stephens of the 68th, Thurmond of the 67th and Buck of the 95th:
A resolution expressing regret at the passing of Mr. Albert B. Jones.

HR 1113. By Representative Poston of the 2nd:
A resolution commending the Lakeview-Fort Oglethorpe Lady Warriors Bas ketball Team.

HR 1114. By Representative Wall of the 61st:
A resolution commending Honorable Ben Jessup, Doorkeeper, and the Assist ant Doorkeepers of the House of Representatives.

HR 1115. By Representative Smith of the 78th: A resolution commending John Robert Pulliam.

HR 1116. By Representatives Lawrence of the 49th, Williams of the 48th, Tolbert of the 58th, Davis of the 45th, Morton of the 47th and others:
A resolution commending Honorable John Linder.

HR 1117. By Representatives Lupton of the 25th, Kingston of the 125th, Mueller of the 126th, Isakson of the 21st and Townsend of the 24th:
A resolution congratulating Mr. and Mrs. John M. Lupton on their 50th wedding anniversary.

HR 1118. By Representatives Dunn of the 73rd, Murphy of the 18th, Walker of the 115th, Connell of the 87th, McDonald of the 12th and others:
A resolution congratulating Kathy Reeves Hubert and Benjamin Forsyth Hubert on the birth of their son, Wesley Reeves Hubert.

HR 1119. By Representatives Childers of the 15th, McDonald of the 12th, McKelvey of the 15th and Smith of the 16th:
A resolution recognizing and commending the Georgia Association of Nurse Anesthetists.

HR 1120. By Representative Thomas of the 31st: A resolution commending Marc Vernon Briscoe.

HR 1121. By Representatives Thomas of the 31st, Sinkfield of the 37th, Davis of the 29th, McKinney of the 40th and Stanley of the 33rd:
A resolution commending the Reverend Dr. Barbara King.

WEDNESDAY, MARCH 7, 1990

2637

HR 1122. By Representatives Childers of the 15th, Moultrie of the 93rd, Selman of the 32nd, Bailey of the 72nd, Carrell of the 65th and others:
A resolution commending Honorable Eleanor L. Richardson.

HR 1123. By Representatives Childers of the 15th, Moultrie of the 93rd, Selman of the 32nd, Bailey of the 72nd, Carrell of the 65th and others:
A resolution commending Honorable Charles W. Walker.

HR 1124. By Representatives Childers of the 15th, Moultrie of the 93rd, Wilder of the 21st, Bailey of the 72nd and Selman of the 32nd:
A resolution commending Honorable James L. Pannell.

HR 1125. By Representative Jenkins of the 80th: A resolution commending Mr. Harold E. Hall.

HR 1126. By Representative Reaves of the 147th: A resolution commending Georgia's electric cooperatives.

HR 1127.

By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution recognizing April 22, 1990, as Earth Day 1990 in Clayton County.

HR 1128.

By Representatives Redding of the 50th, Murphy of the 18th, Isakson of the 21st, Atkins of the 21st, Connell of the 87th and others:
A resolution expressing congratulations to Buford and Barbara Darby on the occasion of their 50th wedding anniversary.

HR 1129.

By Representatives Stephens of the 68th, Thurmond of the 67th, Stancil of the 66th, Clark of the 13th, Mobley of the 64th and others:
A resolution commending the University of Georgia Bulldogs basketball team.

HR 1130.

By Representatives Buck of the 95th, Lane of the lllth, Alford of the 57th, Heard of the 43rd, Royal of the 144th and others:
A resolution commending Dr. Thomas E. Stelson.

The following communication was received and read:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1085 through 1088, who have registered in the Docket of Legislative Appearance as of March 2, 1990, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

2638

JOURNAL OF THE HOUSE,

(SEAL)

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 2nd day of March, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.
/s/ Max Cleland Secretary of State

1085. Gregory H. Yates JMR Developments TKK Enterprises Fairborn, Ohio 45324
1086. Melinda J. Doolittle Moral Concerns of Mt. Paran Pro-Life 2055 Mount Paran Road NW Atlanta, Georgia 30327

1087. Steven A. Reidich The A. L. Williams Corp. 3100 Breckinridge Blvd. Duluth, Georgia 30136
1088. Gil Muratori Hoechst-Roussel Pharmaceuticals, Inc. 12203 S.W. 107 Court Miami, Florida 33176

Pursuant to HR 1074, adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Friday, March 9, 1990.

FRIDAY, MARCH 9, 1990

2639

Representative Hall, Atlanta, Georgia Friday, March 9, 1990

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Pete Sharber, Pastor, First Baptist Church, Hazlehurst, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 2088. By Representatives Harris of the 84th and Barnett of the 10th: A bill to amend Code Section 40-3-4 of the Official Code of Georgia Anno tated, relating to exclusions from the requirement for a certificate of title, so as to change certain provisions relating to titling of older vehicles.
Referred to the Committee on Motor Vehicles.
HB 2089. By Representative Harris of the 84th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain purchasers shall assume personal liability for certain real property taxes and certain sellers shall be relieved of personal liability for such taxes.
Referred to the Committee on Judiciary.

2640

JOURNAL OF THE HOUSE,

HB 2090. By Representatives Foster of the 6th, Griffin of the 6th and Watson of the 114th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for timely payments to certain sub contractors.
Referred to the Committee on Industry.

HB 2091. By Representatives Bailey of the 72nd and Lee of the 72nd:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to authorize county boards of tax assessors to make certain deficiency assess ments.
Referred to the Committee on Ways & Means.

HR 1131. By Representative Redding of the 50th:
A resolution proposing an amendment to the Constitution so as require an annual three-day session of the General Assembly for exclusive purpose of considering overriding the Governor's veto of any bill transmitted by the Governor during the immediately preceding regular session.
Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 2092. By Representative Redding of the 50th:
A bill to amend Code Section 3-9-11 of the Official Code of Georgia Anno tated, relating to licenses to sell alcoholic beverages by hotel in-room service, so as to authorize hotels of 50 rooms or more to sell distilled spirits in pack ages containing no less than 50 milliliters each.
Referred to the Committee on Regulated Beverages.

By unanimous consent, the following Bill of the House was read the second time: HB 2087

Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1038 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman

Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:

FRIDAY, MARCH 9, 1990

2641

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 635 Do Pass HR 1015 Do Pass

HR 1067 Do Pass HR 648 Do Pass, by Substitute

Respectfully submitted, /s/ Lee of the 72nd
Chairman

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:
SB 723 Do Pass SB 658 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman

Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 683 Do Pass SB 706 Do Pass, by Substitute SB 766 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 27th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 9, 1990
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enu merated below:
HR 635 House Parade and Demonstration Cost Containment Study Comm.;Create HR 839 Public School Child Care Study Committee; Create HR 1015 House Strategic Planning Study Committee; Create

2642

JOURNAL OF THE HOUSE,

SB 177 Voting; Seating Arrangements for Handicapped/Elderly SB 232 Fair Employment Practices Act of 1989; Enact SB 417 Employee Benefit Plan; Flexible Benefits; Self-Insured Plan SB 477 Child Custody; Amend Provisions SB 484 Human Resources; Delinquent Child; Transfer Custody SB 509 Parental Rights; Termination Determination SB 519 Hazardous Waste Facilities; Reports SB 545 Drug Testing; Cert. State Off. and Employees/and Cert. Candidates SB 579 Arson Investigator; Witness Fees SB 586 Civil Practice; Sharing Info. Under Protective Order SB 602 Sexual Offenses; Offense of Sexual Battery SB 622 Adult Education; Personnel Accrue Sick and Annual Leave SB 652 Hazardous Waste Management Auth.; Membership; Terms SB 669 Council of Juvenile Court Judges; Duties SB 671 Teachers; Certification; Amend Provisions SB 681 Prof. Engineers and Land Surveyors; Composition of Board SB 687 Counties/Municipalities; Sell or Grant Property to State SB 705 Family Preservation and Child Protection Reform Act; Provide SB 711 Buildings; Smoke Detectors in Cert. Locations; Exceptions SB 714 Water Quality; Certain Lakes; Standards SB 728 Children; Certain Employment; Wkrs.' Compensation; Coverage
SR 486 Airborne Forces of U S Army; 50th Anniversary; Commend
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 72nd
Chairman

By unanimous consent, the following Bill of the Senate was withdrawn from the Local Calendar and placed on the General Calendar:

SB 706. By Senator Langford of the 35th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authority of any municipal corpora tion in this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to autho rize the mayor to execute certain contracts on behalf of such municipal cor poration with public or private entities.

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 683. By Senators Tate of the 38th, Scott of the 36th and Shumake of the 39th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to remove the provision that makes this Code section inapplicable to any county having a population of 550,000 or more; to provide for related matters; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

FRIDAY, MARCH 9, 1990

2643

The Bill, having received the requisite constitutional majority, was passed.

SB 766. By Senators Ragan of the 32nd, Clay of the 37th, Barnes of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to increase the number of assistant solicitors; to provide that one of such assistant solicitors shall be assigned to the Cobb County Adult Detention Center; to provide for related matters; to provide an effective date.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs moves to amend SB 766 by striking on line 22 of page 1 the following:
"two",
and inserting in lieu thereof the following: "three".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:
HB 46. By Representatives Dover of the llth, Lord of the 107th, Colwell of the 4th, Twiggs of the 4th and Dobbs of the 74th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credit and creditable service for military ser vice under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain members for service on active duty in the armed forces of the United States during World War II.
HB 251. By Representatives Robinson of the 96th and Bishop of the 94th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys, so as to include in the defini tion of "prosecuting attorney" a person who serves on a full-time basis as a district attorney.
HB 253. By Representative McDonald of the 12th:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1990, in addition to any other appropriations heretofore or here after made for the operation of state government and the purposes provided for herein.

2644

JOURNAL OF THE HOUSE,

HB 516. By Representative Hamilton of the 124th:
A bill to amend Code Section 45-21-7 of the Official Code of Georgia Anno tated, relating to awards to employees, so as to provide for a tangible savings award to be granted under certain circumstances.

HB 580. By Representatives Johnson of the 123rd, Mueller of the 126th, Benn of the 38th and Orrock of the 30th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to require certain hospitals which operate emergency rooms to post certain notices in such emergency rooms; to provide for the content of such notices.

HB 999. By Representative Martin of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize a competent adult to appoint an attorney in fact for health care to make health care decisions on behalf of such per son; to provide for definitions; to provide for a durable power of attorney for health care; to provide for certain required contents of such documents.

HB 1050. By Representative Oliver of the 53rd:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Anno tated, relating to general provisions of eminent domain, so as to provide that after condemnation, the condemning body shall maintain the condemned property free of garbage, trash, and waste materials.

HB 1145. By Representatives Cummings of the 17th and Parrish of the 109th:
A bill to amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, so as to provide for additional crimes; to provide for a definition; to provide that such additional crimes shall apply only to public employees entering service after a certain date.

HB 1225. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Lane of the lllth, Smyre of the 92nd and others:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to provide a short title; to provide for the withdrawal of recognition, campus expulsion, and ter mination of the use of University System of Georgia property or facilities to any student organization which knowingly permits or condones the sale, dis tribution, possession, use, or consumption of any controlled substance, dan gerous drug, or alcoholic beverage in a manner contrary to law.

HB 1263. By Representatives Smyre of the 92nd, Lawson of the 9th and Hooks of the 116th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment.

FRIDAY, MARCH 9, 1990

2645

HB 1294. By Representatives Porter of the 119th, Barfoot of the 120th, Oliver of the 53rd, Thomas of the 69th, Lawson of the 9th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to municipal courts, so as to provide training requirements for judges of municipal courts; to provide for payment of training costs; to create the Georgia Municipal Courts Training Council to administer the training of municipal judges.

HB 1340.

By Representative Smith of the 78th:
A bill to amend Code Section 16-13-30 of the Official Code of Georgia Anno tated, relating to possession of marijuana and controlled substances, so as to prohibit the purchase of marijuana and controlled substances.

HB 1342. By Representatives Lord of the 107th, Bailey of the 72nd, Bargeron of the 108th, Irwin of the 13th, Poston of the 2nd and others:

HB 1377.

A bill to amend Chapter 4 of Title 38 of the Official Code of Georgia Anno tated, relating to veterans affairs, so as to change the provisions relating to the location of meetings of the Veterans Service Boards.
v,
By Representatives Parham of the 105th, Twiggs of the 4th, Atkins of the 21st and Parrish of the 109th:

A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs.

HB 1391. By Representatives Oliver of the 53rd, Baker of the 51st, Alford of the 57th and Robinson of the 96th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to provide for minor revisions in the procedure for the appointment of a guardian; to revise extensively the provisions relating to modification or termination of guardi anships.

HB 1423. By Representative Thomas of the 31st:
A bill to amend Code Section 16-5-61 of the Official Code of Georgia Anno tated, relating to hazing, so as to change the penalty for hazing.

HB 1440.

By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and Streat of the 139th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to pro vide for the use of writs of fieri facias and other civil remedies to collect delinquent payments, fines, costs, and restitution or reparations ordered as a condition of probation.

HB 1449.

By Representative Robinson of the 96th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to revise the laws relating to trade secrets; to provide a short title.

2646

JOURNAL OF THE HOUSE,

HB 1508.

By Representatives Childers of the 15th, Smyre of the 92nd, Thompson of the 20th, Smith of the 16th, McKelvey of the 15th and others:
A bill to amend Code Section 48-5-220 of the Official Code of Georgia Anno tated, relating to the public purposes for which county taxes may be levied and collected, so as to provide for an additional authorized purpose.

HB 1549. By Representatives Campbell of the 23rd, Stancil of the 8th, Isakson of the 21st, Tolbert of the 58th, Howren of the 20th and others:
A bill to amend Code Section 17-10-1.1 of the Official Code of Georgia Anno tated, relating to victim impact statements, so as to provide that prosecuting attorneys shall provide victim impact statement forms to victims; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person.

HB 1612. By Representatives Godbee of the 110th, Coleman of the 118th and Royal of the 144th:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax.

HB 1647. By Representatives Davis of the 45th, Campbell of the 23rd, Thomas of the 69th, Simpson of the 70th, Morton of the 47th and others:
A bill to amend Code Section 9-13-161 of the Official Code of Georgia Anno tated, relating to where and when sales under execution are held, so as to provide for a change in the date of sheriff's sales under certain circum stances.

HB 1663.

By Representative Buford of the 103rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for the continuation of certain personnel positions in the offices of district attorneys under certain circumstances; to provide for posi tion transfers.

HB 1665. By Representatives Walker of the 115th, Jackson of the 9th, Groover of the 99th, Isakson of the 21st, Coleman of the 118th and others:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide for issuance of license plates to Justices of the Supreme Court and Judges of the Court of Appeals on the same basis as license plates are issued to certain other officials.

HB 1677. By Representatives Ray of the 98th, Adams of the 79th and Jenkins of the 80th:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Anno tated, the "Motor Vehicle Safety Responsibility Act," so as to change the definition of financial responsibility as it applies to habitual violators.

FRIDAY, MARCH 9, 1990

2647

HB 1680.

By Representatives Teper of the 46th, Watson of the 114th and Stancil of the 66th:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electri cal codes and other state codes, so as to provide that on and after October 1, 1991, the Standard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county.

HB 1692.

By Representatives Jamieson of the llth, Dover of the llth, Irwin of the 13th, Carrell of the 65th, Mobley of the 64th and others:
A bill to amend an Act creating the Northeast Georgia Surface and Air Transportation Commission, approved March 30, 1989, so as to provide for an additional member county, to provide for additional members of the com mission.

HB 1779.

By Representatives Poston of the 2nd, Oliver of the 53rd, Chambless of the 133rd and Holland of the 136th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, so as to provide that certain retired magistrates be authorized to perform marriage ceremonies.

HB 1811.

By Representative Goodwin of the 63rd:
A bill to amend Code Section 9-13-13 of the Official Code of Georgia Anno tated, relating to written notice of certain levies on land, so as to provide for delivery of certain notice by certified mail.

HB 1834. By Representatives Holland of the 136th, Moultrie of the 93rd and Poston of the 2nd:
A bill to amend Code Section 53-2-115 of the Official Code of Georgia Anno tated, relating to the renouncement of succession, so as to provide that the document stating such renouncement shall be delivered to the transferor or his personal representative by hand delivery or by mail.

HB 1939.

By Representatives Barnett of the 10th, Murphy of the 18th, Childers of the 15th and Parham of the 105th:
A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to pro vide additional conditions for revocation of certificates of need or authority to operate.

HB 1038.

By Representatives Dixon of the 128th, Hamilton of the 124th and Alien of the 127th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the provisions relating to the corporate limits of said city.

HB 1942.

By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chair man and board of commissioners of said county, so as to change the penalties for ordinance violations.

2648

JOURNAL OF THE HOUSE,

HB 1943.

By Representatives Baker of the 51st, Teper of the 46th, Richardson of the 52nd, Lawrence of the 49th, Williams of the 48th and others:
A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the penalties which may be imposed by such court.

HB 1956.

By Representatives Padgett of the 86th, Ransom of the 90th, Harris of the 84th, Jackson of the 83rd, Connell of the 87th and others:
A bill to amend an Act creating the Augusta Judicial Circuit, so as to autho rize the governing authority of each county comprising the Augusta Judicial Circuit to supplement the state paid compensation of probation officers and other probation personnel of the Augusta Judicial Circuit.

HB 2000.

By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th, Mangum of the 57th, Richardson of the 52nd and others:
A bill to amend an Act creating the Avondale Estates Development Author ity, so as to provide for the Avondale Estates Business District.

HB 2002.

By Representatives Redding of the 50th, Richardson of the 52nd, Williams of the 54th, Williams of the 48th, Alford of the 57th and others:
A bill to amend an Act creating and establishing a charter for the City of Decatur, so as to provide for an additional member of the Board of Educa tion of the City of Decatur.

HB 2009.

By Representatives Dixon of the 128th, Pannell of the 122nd, Hamilton of the 124th, Kingston of the 125th and Mueller of the 126th:
A bill to provide for a homestead exemption of $30,000.00 from all City of Pooler ad valorem taxes for each resident of said city who is 65 years of age or over or who is totally disabled if such resident's net income does not exceed $11,500.00.

HB 2012.

By Representatives Dixon of the 128th, Hamilton of the 124th, Mueller of the 126th, Johnson of the 123rd and Kingston of the 125th:
A bill to amend an Act creating a new Charter for the Town of Pooler, so as to change the provisions relating to the time of election, taking of office, and terms of office of the Mayor and Alderman.

HB 2015. By Representative Stancil of the 66th:
A bill to amend an Act providing a new charter for the City of Madison, so as to provide for a city manager.

HB 2023.

By Representatives Alford of the 57th, Athon of the 57th, Teper of the 46th, Baker of the 51st, Mangum of the 57th and others:
A bill to amend an Act incorporating the City of Avondale Estates, so as to provide for the corporate limits of said city.

HB 2035.

By Representatives Yates of the 75th and Adams of the 79th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the expense allowance of the chairman and members of the board.

FRIDAY, MARCH 9, 1990

2649

HB 2040. By Representatives Hamilton of the 124th, Dixon of the 128th, Pannell of the 122nd, Johnson of the 123rd and Kingston of the 125th:
A bill to amend an Act to provide for the payment to the district attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the district attorney from the State of Georgia, so as to change the amount of such supplement.

HB 2042. By Representatives Stancil of the 8th, Hasty of the 8th and Barnett of the 10th:
A bill to provide a new charter for the City of Ball Ground.

HB 2043. By Representatives Porter of the 119th, Pinkston of the 100th, Randall of the 101st, Lucas of the 102nd, Groover of the 99th and others:
A bill to create the Middle Georgia Surface and Air Transportation Commis sion.

HB 2049. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to create a board of elections and registration for Catoosa County and provide for its powers and duties.

HB 2050. By Representatives Herbert of the 76th and Yates of the 75th:
A bill to amend an Act creating a new charter for the City of Griffin, so as to designate the chairman of the board of commissioners; to provide for the selection of a chairman pro tern; to define the powers and duties of the chair man.

HB 2051.

By Representative Lord of the 107th:
A bill to amend an Act creating the State Court of Washington County, so as to change the compensation of the judge and solicitor of said court.

HB 2052. By Representatives Redding of the 50th, Clark of the 55th, Williams of the 54th, Williams of the 48th, Teper of the 46th and others:
A bill to amend an Act imposing certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, so as to provide for meetings between certain individ uals from the City of Atlanta and from DeKalb County to discuss provisions of contracts regarding the delivery of services in "Atlanta in DeKalb".

HB 2053. By Representatives Barfoot of the 120th, Moody of the 153rd and Byrd of the 153rd:
A bill to provide that future school superintendents of the Toombs County School District shall be appointed by the board of education rather than elected.

HB 2057.

By Representative Watts of the 41st:
A bill to amend an Act creating a new charter for the City of Hiram, so as to expand the corporate limits of the city.

2650

JOURNAL OF THE HOUSE,

HB 2059. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the compensation of the chairman and other mem bers of the board; to extend the number of days within which the final report and audit shall be submitted to the board.

HB 2060. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the content of the report and audit submitted to the board.

HB 2061. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating the State Court of Clayton County, so as to change the compensation of the deputy clerk of said court; to change the compensation of the judge and solicitor of said court.

HB 2062. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the compensation of the coroner.

HB 2063.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District.

HB 2064.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act creating a new charter for the City of Riverdale, so as to redefine the boundaries of the city.

HB 2068. By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Clayton County into the office of tax commissioner, so as to change the provisions relative to the compensation of the tax commissioner; to pro vide longevity allowances to the tax commissioner for prior years of service; to change the provisions relative to the compensation of the deputy tax com missioner.

HB 2069. By Representative Thurmond of the 67th:
A bill to amend an Act providing for the combination of the present func tions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, so as to change the compensation of the judge of said court.

FRIDAY, MARCH 9, 1990

2651

HB 2070.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to provide that future school superintendents of the Clayton County School District shall be nominated and elected in nonpartisan primaries and elections.

HB 2071.

By Representatives Bailey of the 72nd, Lee of the 72nd, Benefield of the 72nd, Holcomb of the 72nd and Davis of the 72nd:
A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to restate and recodify certain existing provisions of law; to revise certain exist ing provisions of law; to change the composition of the board of education; to change the terms of members of the board.

HB 2072.

By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd, Benefield of the 72nd and Davis of the 72nd:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of said officer.

HB 2046.

By Representative Ricketson of the 82nd:
A bill to amend an Act creating a new charter for the City of Warrenton, so as to change the method of election and terms of office of the mayor and members of the city council, including the mayor pro tempore.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:

HR 279. By Representatives Walker of the 115th, Watson of the 114th and Waddle of the 113th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that a political subdivision whose ad valo rem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers.

HR 735. By Representatives Couch of the 36th and Murphy of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution.

HR 763. By Representatives Buck of the 95th and Mangum of the 57th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by general law to provide for an education trust fund to assist students and parents of students in financ ing postsecondary education; to provide for advance payment of tuition con tracts.

HR 809. By Representative Heard of the 43rd:
A resolution directing the State Health Planning Agency to make certain studies and reports.

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JOURNAL OF THE HOUSE,

HR 810. By Representatives Griffin of the 6th, Foster of the 6th, Dover of the llth, Walker of the 115th, McDonald of the 12th and others:
A resolution creating the Joint Workers' Compensation Study Committee.

HR 847. By Representative Connell of the 87th:
A resolution to amend a resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, so as to restate the authorized purposes of such estate for years or usufruct.

HR 848. By Representatives Hudson of the 117th and Birdsong of the 104th: A resolution designating the Everett Floyd Dykes Highway.

HR 849. By Representative McDonald of the 12th: A resolution creating the Georgia Courts Automation Commission.

HR 861. By Representatives Thomas of the 69th, Chambless of the 133rd, Lawson of the 9th, Simpson of the 70th and Randall of the 101st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to confer "by law" jurisdiction on municipal courts over violations of state law.

HR 886. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Connell of the 87th, Lee of the 72nd and others:
A resolution creating the Joint Study Committee on State Officials' Compen sation.

HR 887. By Representatives Pinkston of the 100th, Groover of the 99th, Randall of the 101st, Buford of the 103rd, Lucas of the 102nd and others:
A resolution designating the F. Emory Greene Memorial Bridge.

HR 909. By Representative Edwards of the 112th: A resolution designating the Eloise Wooldridge Bridge.

HR 931. By Representatives Randall of the 101st, Birdsong of the 104th, Groover of the 99th, Lucas of the 102nd and Buford of the 103rd:
A resolution designating the Joe A. Whitherington Bridge.

The Senate has agreed to the House amendments to the following Bills of the Senate:

SB 248. By Senator Barnes of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Pub lic Safety; to change the provisions relating to the payment of fees and the retention of fees.

FRIDAY, MARCH 9, 1990

2653

SB 462. By Senators Edge of the 28th, Baldwin of the 29th and Peevy of the 48th:
A bill to amend Code Section 19-8-6 of the Official Code of Georgia Anno tated, relating to when the surrender of parental rights is not required in adoption proceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; to provide an effective date.

SB 534. By Senators Ray of the 19th, Gillis of the 20th and English of the 21st:
A bill to amend Code Section 27-1-5 of the Official Code of Georgia Anno tated, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources; to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to provide that a petition for judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court.

SB 762. By Senator English of the 21st:
A bill to provide for election of the chairman and the members of the board of education of Jefferson County; to provide for four education districts; to provide for qualifications of the chairman and the members of the board; to provide for the manner of election; to provide for meetings and a quorum; to provide for compensation and expense allowances; to provide for filling vacancies.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 335. By Senator Tate of the 38th:
A bill to amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds.

SB 357. By Senator Johnson of the 47th:
A bill to amend an Act placing the sheriff of Hart County upon an annual salary, as amended, so as to change certain provisions relating to the com pensation of the sheriff; to provide an effective date.

SB 358. By Senator Johnson of the 47th:
A bill to amend an Act creating the office of tax commissioner of Hart County, as amended, so as to change certain provisions relating to the com pensation of the tax commissioner; to provide an effective date.

SB 359. By Senator Johnson of the 47th:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and the judge of the probate court; to provide an effective date.

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JOURNAL OF THE HOUSE,

SB 500. By Senators McKenzie of the 14th, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the "Drug-free Public Work Force Act of 1990"; to provide for the suspension and termination from pub lic employment of public employees committing certain criminal offenses involving controlled substances and dangerous drugs; to provide a short title.

SB 544. By Senators Land of the 16th and Parker of the 15th:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, distribute, or possess a counterfeit or false proof of insurance document; to define a certain term; to specify which proof of insurance documents shall be deemed counterfeit or false; to provide penalties; to provide an effective date.

The Senate recedes from its amendment to the House substitute to the following Bill of the Senate:

SB 434. By Senator Stumbaugh of the 55th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insur ance, so as to require that the experience produced by certain groups must be fully pooled for rating purposes; to prohibit certain terminations.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 502. By Representatives Martin of the 26th, Oliver of the 53rd and Teper of the 46th:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Condominium Act," so as to pro vide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condomin ium associations; to prohibit the disproportionate allocation of common expenses.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 671. By Representative Morton of the 47th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Anno tated, known as the "Georgia Animal Protection Act," so as to provide for the euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and proce dures for euthanasia.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

FRIDAY, MARCH 9, 1990

2655

SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms.

The President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Taylor of the 12th and Dawkins of the 45th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Anno tated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.

The President has appointed on the part of the Senate the following: Senators Olmstead of the 26th, Peevy of the 48th and Kidd of the 25th.

The Senate insists on its amendment to the following Bill of the House:

HB 1498. By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section.

The Senate insists on its substitute to the following Bill of the House:

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

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JOURNAL OF THE HOUSE,

SB 553. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical mal practice claims involving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for legislative findings; to provide for definitions.

The Senate has agreed to the House amendment to the Senate substitute to the fol lowing Bill of the House:

HB 552. By Representatives Foster of the 6th, Langford of the 7th, Griffin of the 6th, Steele of the 97th, Poag of the 3rd and others:
A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to change the provisions relating to evidence of financial responsibility required for the issuance of a pesticide contractor's license; to require evidence of financial responsibility for aerial contractors only.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1316. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.

The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Baldwin of the 29th and Johnson of the 27th.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1223.

By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th, Colwell of the 4th, McDonald of the 12th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of con trolled substances or marijuana; to provide for disposition of such real prop erty.

HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

FRIDAY, MARCH 9, 1990

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The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 1742. By Representative Godbee of the 110th:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Anno tated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.

The following Senate substitute was read:

A BILL
To amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer; to provide that nursing homes shall notify resi dents and their representatives of violations of rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, is amended by strik ing subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every complete upper and lower denture and removable dental prosthesis fabri cated on or after July 1^ 1990, by a dentist licensed in Georgia shall; upon the request ef the patient, be marked with the name or social security number of the patient for whom it is intended. The marking shall be done during fabrication and shall be perma nent, legible, and cosmetically acceptable. The exact location of the marking and the methods used to apply or implant it shall be determined by the dentist."
Section 2. Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate institutions, is amended by adding a new subsection (d) to read as follows:
"(d) The department shall require a nursing home licensed under this article to give notice to all residents and their representatives advising them of any violations by the facility which result in decertification or loss of licensure by the facility."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Godbee of the 110th moved that the House disagree to the Senate sub stitute to HB 1742.
The motion prevailed.

HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th, Colwell of the 4th, McDonald of the 12th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of con trolled substances or marijuana; to provide for disposition of such real prop erty.

The following Senate substitute was read:

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JOURNAL OF THE HOUSE,

A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, known as the "Georgia Controlled Substances Act," so as to substantially revise the provisions relating to forfeitures; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and dis position of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide for duties and powers of the director of the Georgia Drugs and Narcotics Agency and agents, drug agents, law enforce ment officers, sheriffs, and prosecuting attorneys; to provide for service of process and notices; to provide that certain property taken or detained is not subject to replevin, con veyance, sequestration, or attachment; to provide for the consolidation of actions; to pro vide for bonds; to provide for seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determina tion of rights and interests in property; to provide for temporary restraining orders; to pro vide for the sale or other disposition of property or interests therein; to provide for jurisdiction and power of courts and the judges thereof; to provide that certain substances shall be forfeited to the state; to provide for the nonabatement of certain causes of action and forfeitures; to provide a statement of intent; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, known as the "Georgia Controlled Substances Act," is amended by striking Code Section 16-13-49, relating to forfeitures, which reads as follows:
"16-13-49. (a) The following are subject to forfeitures: (1) All controlled substances and marijuana which have been manufactured, dis
tributed, dispensed, held, or acquired in violation of this article; (2) All raw materials, products, and equipment of any kind which are used, or
intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or marijuana in violation of this article;
(3) All property which is used, or intended for use, as a container for property described in paragraphs (1) and (2) of this subsection;
(4) All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport, hold, conceal, or in any manner to facilitate the trans portation, for the purpose of sale or receipt, of property described in paragraph (1) or (2) of this subsection, but:
(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this article;
(B) No conveyance is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;
(C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor con sented to the act or omission;
(D) No conveyance is subject to forfeiture under this Code section for violations which involve no controlled substances and four ounces or less of marijuana; (5) All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended to be used, in violation of this article; (6) All moneys, negotiable instruments, securities, or other things of value, fur nished or intended to be furnished by any person in exchange for a controlled sub stance or marijuana in violation of this chapter, all proceeds traceable to such an

FRIDAY, MARCH 9, 1990

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exchange, all moneys, negotiable instruments, securities, or other things of value used to facilitate any violation of this chapter and all moneys, negotiable instruments, secu rities, or other things of value which are found in close proximity to any controlled substance or marijuana or other property which is subject to forfeiture under this sub section and which otherwise has been used, or intended for use, to facilitate the unlawful manufacture, distribution, dispensing, or possession of a controlled substance or marijuana; and
(7) All objects and materials distributed in violation of Code Section 16-13-32.1 or possessed in violation of Code Section 16-13-32.2. (b) Property subject to forfeiture under this article may be seized by the director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy or by any law enforcement officer of this state or any political subdivision thereof who has the power to make arrests and whose duty is to enforce this article, upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if:
(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article;
(3) The director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy have probable cause to believe that the property is directly dangerous to health or safety; or
(4) The director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in this subsection have probable cause to believe that the property was used or is intended to be used in vio lation of this article. (c) In the event of seizure pursuant to subsection (b) of this Code section, proceed ings under subsection (d) shall be instituted promptly. (d) (1) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that acts prohib ited by this article took place, subject only to the orders and decrees of the court hav ing jurisdiction over the forfeiture proceedings. When property is seized under this article, the director of the Georgia Drugs and Narcotics Agency or duly authorized agents, drug agents, or law enforcement officers seizing such property shall:
(A) Place the property under seal;
(B) Remove the property to a place designated by the judge of the superior court as set out above; or
(C) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the prop erty and remove it to an appropriate location for disposition in accordance with law.
(2) (A) Notwithstanding the provisions of paragraph (1) of this subsection, the district attorney shall be authorized to deposit seized currency in an interest-bearing account in a financial institution in this state. Any accrued interest on currency deposited shall follow the principal in any judgment with respect thereto.
(B) Photographs, photocopies, or video tapes of any currency seized and depos ited pursuant to subparagraph (A) of this paragraph, duly identified in writing by the law enforcement officer originally taking custody of the currency as accurately representing such currency, shall be admissible at trial in lieu of the original cur rency.
(e) When an article, equipment, controlled substance, conveyance, or other property is seized under this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, within ten days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 30 days from the date he receives notice of the seizure, the district attorney of the judi cial circuit, or the director on his behalf shall cause to be filed in the superior court of

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JOURNAL OF THE HOUSE,

the county in which the property is seized or detained an action for condemnation of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the action shall be verified by a duly authorized agent of the state in a man ner required by the law of this state. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer of due process to enforce the forfei ture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, command ing him to seize the property described in the action and to hold that property for fur ther order of the court. A copy of the action shall be served on the owner or lessee, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that merchandise. If the owner
or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which
the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from
any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the
state or departs the state or cannot after due diligence be found within the state or con ceals himself to avoid service. At the expiration of 30 days after such filing, if no claim
ant has appeared to defend the action, the court shall order the disposition of the seized merchandise as provided for in this Code section. If the court determines that a claim
ant defending the action knew or by the exercise of ordinary care should have known that the merchandise was to be used for an unlawful purpose subjecting it to forfeiture
under this chapter, the court shall order the disposition of the seized merchandise as provided herein and that claimant shall have no claim upon the merchandise or proceeds from the sale thereof. In the event more than one county shall have the right to file con
demnation proceedings, then the county wherein the actual physical seizure was made shall take precedence over other counties or jurisdictions which may have claims pursu ant to this article.
(f) (1) Except as otherwise provided in this subsection, when property is forfeited under this article, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that acts prohibited by this article took place may:
(A) Retain it for official use by any agency of this state or any political subdivi sion thereof;
(B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including the expenses of sei
zure, maintenance of custody, advertising, and court costs; or (C) Require the sheriff or police chief of the county in which the seizure
occurred to take custody of the property and remove it for disposition in accordance
with law. (2) (A) Money and currency which is forfeited or which is realized from the sale
or disposition of forfeited property shall after payment of all costs of court vest in the local political subdivision whose law enforcement officers seized it. If the money,
currency, or property was seized by a municipal law enforcement agency then the money, currency, or proceeds shall vest in that municipality. If the money, currency, or property was seized by a county law enforcement agency, then the money, cur
rency, or proceeds shall vest in that county. If the money, currency, or property was seized by joint action of a county law enforcement agency and a municipal law enforcement agency, then the money, currency, or proceeds shall vest in that county
and that municipality and shall be divided equally between the county and munici pality. If the money, currency, or property was seized by a state law enforcement

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agency, then the money, currency, or proceeds shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection for payment of all costs of court, the local government in which the money, currency, or proceeds of forfeited property vests shall expend or use such funds to defray the cost of complex investigations, to pur chase equipment, to provide matching funds to obtain federal grants, and for such other law enforcement purposes as the governing authority of the county or munici pality deems appropriate except that none of such money and currency shall be used to pay all or part of the salaries of law enforcement personnel. The governing authority may, in its discretion, limit the amount of all such money and currency expended for such law enforcement purposes during any calendar year to $20,000.00. The remainder of such money and currency, if any, received by the governing authority during any calendar year may be expended for any other public purposes.
(B) Any law enforcement agency receiving money or currency which is forfeited or realized from the sale or disposition of forfeited property shall submit a report to the governing authority of the county or municipality on or before the tenth day of the following month of each calendar quarter itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds. The law enforcement agency shall also submit an annual report to the governing authority of the county or municipality on the first day of July itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds during the previous 12 months. (g) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this article are contraband and shall be seized and summarily forfeited to the state. Controlled substances in Schedule I which are seized or come into the possession of the state, the owners of which are unknown, are contra band and shall be summarily forfeited to the state. (h) Species of plants from which controlled substances in Schedules I and II may derive, which have been planted or cultivated in violation of this article, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and sum marily forfeited to the state. (i) Upon demand by the director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in subsection (b) of this Code section, the failure of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. (j) Upon an ex parte application of the district attorney or the sheriff of the county in which property was seized, the court may order an amount, not to exceed one-fourth of the proceeds of the sale of property forfeited under this Code section, to be paid to any person furnishing information which led to the seizure of the property. The court shall specify the method in which the payment shall be made so as to protect the iden tity of the informer.", and inserting in lieu thereof a new Code Section 16-13-49 to read as follows: "16-13-49. (a) As used in this Code section, the term:
(1) 'Costs' shall include, but is not limited to:
(A) All expenses associated with the seizure, maintenance, custody, preservation, operation, or sale of the property;
(B) All court costs, including the cost of advertisement, transcripts, and court reporters' fees;
(C) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section; and
(D) Payment of attorneys' fees to private attorneys appointed by the district attorney as special assistant district attorneys to the extent that such attorneys are not otherwise compensated by the state or any political subdivision for such ser vices. The amount of any such fee shall be determined by the district attorney and approved by the court at the time of the appointment of such attorney.

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(2) 'Enterprise' means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws of this state, of the United States or any of the several states of the United States, or of any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities.
(3) 'Governmental agency' means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof.
(4) 'Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in property.
(5) 'Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.
(6) 'Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
(7) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible
personal property, including but not limited to currency, instruments, securities, or any other kind of privilege, interest, claim, or right.
(8) 'United States' includes its territories, possessions, and dominions and the Dis trict of Columbia.
(b) (1) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought:
(A) In the case of an in rem action, by the district attorney for the judicial cir cuit where the property is located;
(B) In the case of an in personam action, by the district attorney for the judicial circuit in which the defendant resides; or
(C) By the district attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture.
Such district attorney may bring an action pursuant to this Code section in any supe rior court of this state.
(2) If more than one district attorney has jurisdiction to file an action pursuant
to this Code section, the district attorney having primary jurisdiction over a violation of this article shall, in the event of a conflict, have priority over any other district
attorney.
(3) Any action brought pursuant to this Code section may be compromised or set tled in the same manner as other civil actions. (c) An action for forfeiture brought pursuant to this Code section shall be tried:
(1) If the action is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the
superior court of either county shall have jurisdiction; (2) If the action is in rem against tangible or intangible personal property, in any
county where the property is located or will be during the pendency of the action; or (3) If the action is in personam, as provided by law.
(d) The following are declared to be contraband and no person shall have a property
right in them: (1) All controlled substances, raw materials, or controlled substance analogs that
have been manufactured, distributed, dispensed, possessed, or acquired in violation of this article;
(2) All property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized
therefrom; (3) All property located in this state which was, directly or indirectly, used or
intended for use in any manner to facilitate a violation of this article or of the laws

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of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom;
(4) All weapons possessed, used, or available for use in any manner to facilitate a violation of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year;
(5) Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, oper ated, controlled, conducted, or participated in the conduct of in violation of this arti cle or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom; and
(6) All moneys, negotiable instruments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other prop erty which is subject to forfeiture under this subsection. (e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur;
(2) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction;
(3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its for feiture;
(4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and
(5) Acquired the interest: (A) Before the completion of the conduct giving rise to its forfeiture, and the
person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) After the completion of the conduct giving rise to its forfeiture, acquired the interest:
(i) As a bona fide purchaser for value without knowingly taking part in an ille gal transaction;
(ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture
under this article; and
(iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article.
With respect to a conveyance for transportation only, a property interest in such convey ance shall not be subject to forfeiture under this Code section for a violation which involved the possession of four ounces or less of marijuana unless said conveyance was used to facilitate a transaction in or a purchase or sale of a controlled substance or mari juana.
(f) (1) Property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or any duly authorized agents or drug agents of this state or by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A search

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warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judg ment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable.
(2) Property which is subject to forfeiture under this Code section may be seized without process if there is probable cause to believe that the property is subject to forfeiture under this article and the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.
(3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure, with or without process, in violation of the Constitution of Georgia or the United States Constitution. (g) (1) When property is seized pursuant to this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made.
(2) Within 60 days from the date of seizure, a complaint for forfeiture shall be ini tiated as provided for in subsection (m), (n), or (o) of this Code section.
(3) If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limit specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (h) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an inter est in the property.
(2) When property is seized pursuant to this article, the district attorney or the sheriff, drug agent, or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice:
(A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address;
(B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or
(C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspa per of general circulation in the county in which the seizure occurs.
(3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged,
(i) A district attorney may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil or criminal proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following:
(1) The lien notice must set forth: (A) The name of the person and, in the discretion of the state, any alias and
any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and
(B) The description of the property, the criminal or civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing;

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(2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person;
(3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is sub ject to the lien. The state may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accord ance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invali date or otherwise affect a lien filed in accordance with this subsection;
(4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment;
(5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the district attorney or his designee the following information:
(A) The name and address of the person or entity for whom the property is held;
(B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and
(C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and (6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor.
(j) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the district attorney may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or district attorney by dis continuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or district attorney. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the district attorney in either proceeding or action. The property is deemed to be in the cus tody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(k) (1) If property is seized under this article, the district attorney may:
(A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding;
(B) Place the property under constructive seizure by posting notice of pending forfeiture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the prop erty;
(C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the district attorney may authorize its being depos ited in an interest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto;

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(D) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or
(E) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) If any property which has been attached or seized pursuant to this Code sec tion is perishable or is liable to perish, waste, or be greatly reduced in value by keep ing or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order the property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action. (1) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized. (m) If the estimated value of personal property seized is $50,000.00 or less, the dis trict attorney may elect to proceed under the provisions of this subsection in the follow ing manner: (1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged; (2) A copy of the notice shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (h) of this Code section and shall be published for at least three successive weeks in a news paper of general circulation in the county where the seizure was made; (3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforce ment agency and to the district attorney by certified mail, return receipt requested. No extension of time for the filing of a claim may be granted; (4) The claim must be signed by the owner or interest holder under penalty of per jury and must set forth:
(A) The caption of the proceedings as set forth on the notice of pending forfei ture and the name of the claimant;
(B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought;
(5) If a claim is filed, the district attorney shall file a complaint for forfeiture as provided in subsection (n) or (o) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and
(6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property is forfeited to the state and the district attorney shall dispose of the property as provided in subsection (t) of this Code section,
(n) In rem proceedings.
(1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency

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of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property.
(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4.
(B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due dili gence be found within the state or conceals himself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service.
(C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or other law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having posses sion or his agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or his deputy that the vessel or aircraft has been released. (3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be veri fied by the owner or interest holder under penalty of perjury. In addition to comply ing with the general rules applicable to an answer in civil actions, the answer must set forth:
(A) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisi tion of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (F) All essential facts supporting each assertion; and
(G) The precise relief sought.
(4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section.
(5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this title,
(o) In personam proceedings.
(1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with

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reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essen tial elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the for feiture.
(2) Service of the complaint and summons shall be as follows:
(A) Except as otherwise provided in this subsection, service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and
(B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two suc cessive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of
final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in para graph (3) of subsection (n) of this Code section.
(4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.'
(5) If at the expiration of the period set forth in paragraph (3) of this subsection
no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section.
(6) If an answer is filed, a hearing must be held within 45 days after service of
the complaint unless continued for good cause and must be held by the court without a jury.
(7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the district attorney or his agent
or any law enforcement officer or peace officer to seize all property ordered to be for feited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the
state, may enter any appropriate order to protect the interest of the state in the prop erty ordered to be forfeited.
(8) Except as provided in this subsection, no person claiming an interest in prop erty subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the
property, (p) In conjunction with any civil or criminal action brought pursuant to this article:
(1) The court, on application of the district attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint
receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under
this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be entered on application of the district attorney, without notice or an opportunity for a hearing, if
the district attorney demonstrates that:
(A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject
to forfeiture under this title; and (B) Provision of notice would jeopardize the availability of the property for for
feiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing

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must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, con veyed, encumbered, removed from the jurisdiction of the court, concealed, or other wise made unavailable for forfeiture; and
(B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under para graph (2) of this subsection, the court, on an application filed by an owner of or inter est holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the district attorney of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the district attorney filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and: (i) Is authorized to do business in this state and is under the jurisdiction of
a governmental agency of this state or of the United States which regulates finan cial institutions, securities, insurance, or real estate; or
(ii) Has an interest that the district attorney has stipulated is exempt from for feiture; (B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the proceeds, if any, must be returned to the actual or con structive custody of the court, in an interest-bearing account, subject to further pro ceedings under this Code section.
(q) A defendant convicted in any criminal proceeding is precluded from later deny ing the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere.
(r) In hearings and determinations pursuant to this Code section:
(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom;
(2) The fact that money or a negotiable instrument was found in proximity to con traband or to an instrumentality of conduct giving rise to forfeiture authorizes the trier of the fact to infer that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate such conduct; and
(3) There is a rebuttable presumption that any property of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that:

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(A) The person has engaged in conduct giving rise to forfeiture; (B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and (C) There was no likely source for the property other than the conduct giving rise to forfeiture. (s) (1) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code sec tion that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section.
(2) On entry of judgment for a person claiming an interest in the property that is subject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article.
(3) The court shall order a claimant who fails to establish that a substantial por tion of the claimant's interest is exempt from forfeiture under subsection (f) of this
Code section to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attor
neys' fees. (t) (1) When a forfeiture occurs under this article, any item which is required by law to be destroyed or which is harmful to the public shall, pursuant to court order, be destroyed or forwarded to the Division of Forensic Sciences of the Georgia Bureau
of Investigation or any other agency of state or local government for any medical or scientific use not prohibited under the laws of the United States or this state.
(2) When a forfeiture of property other than money occurs under this article, the
court may: (A) Order the property to be sold, with the proceeds of the sale to be distributed
as provided in paragraph (4) of this subsection; or (B) Provide for the in-kind distribution of the property as provided for in para
graph (4) of this subsection. (3) Where the property is to be sold pursuant to paragraph (2) of this subsection,
the court may direct that such property be sold by: (A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided,
however, that the court may establish a minimum acceptable price for such prop erty; or
(B) Any commercially feasible means, including, in the case of real property, by listing such property with a licensed real estate broker, selected by the district
attorney through competitive bids. (4) All money forfeited in a forfeiture proceeding, all other property forfeited in
the same forfeiture proceeding and not sold or distributed pursuant to paragraphs (2) and (3) of this subsection, and all proceeds from property forfeited in the same forfei
ture proceeding and sold pursuant to paragraphs (2) and (3) of this subsection shall, after the payment of all costs, be pooled together for distribution as follows:
(A) A fair market value shall be assigned to all items of property other than
money in such pool; and a total value shall be established for the pool by adding together the fair market value of all such property in the pool and the amount of
money in the pool; (B) The pool shall be distributed pro rata to the state and to local governments,
according to the role which their law enforcement agencies played in the seizure of
the assets; provided, however, that the amount distributed to the state shall not be
greater than 25 percent of the amount distributed; (C) An order of distribution provided for in this subsection shall be submitted
by the district attorney to the court for approval;
(D) (i) Money distributed to a local government pursuant to this subsection shall be paid into the general fund of the local government for such use or dispo sition as outlined in division (iii) of this subparagraph.

FRIDAY, MARCH 9, 1990

2671

(ii) Property distributed in kind to a local government under the provisions of this Code section shall be turned over to the local governing authority for such use or disposition as outlined in division (iii) of this subparagraph.
(iii) Property distributed under division (i) or (ii) of this subparagraph shall be passed through to the local law enforcement agency until the sum equals 33 Vi percent of the amount of local funds appropriated to the agency for the fiscal year in which such funds are distributed. Proceeds received may be used for any offi cial law enforcement purpose, except for the payment of regular salaries, at the discretion of the chief officer of the local law enforcement agency. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. The local governing authority shall expend any remaining proceeds for any law enforcement purpose; drug treatment, rehabilitation, preven tion, education, or any other program which responds to problems created by drug or substance abuse; or use as matching funds for grant programs related to drug treatment or prevention; or any combination thereof.
(iv) Any law enforcement agency receiving property under this Code section shall submit an annual report to the local governing authority. The report shall be submitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof; (E) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General Assembly that the same be used, subject to appropriation from the general fund in the man ner provided by law, for funding of law enforcement agency programs and particu larly for funding of advanced drug investigation training for law enforcement officers; and (F) Property distributed in kind to the state pursuant to this subsection may be designated by the Attorney General, with the approval of the court, for use by such agency of the state as may be appropriate or, otherwise, shall be turned over to the Department of Administrative Services for such use or disposition as may be deter mined by the commissioner of the Department of Administrative Services, (u) An acquittal or dismissal in a criminal proceeding does not preclude civil pro ceedings under this article. (v) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article. (w) (1) The court shall order the forfeiture of any property of a claimant or defend ant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property: (A) Cannot be located;
(B) Has been transferred or conveyed to, sold to, or deposited with a third party;
(C) Is beyond the jurisdiction of the court;
(D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property;
(E) Has been commingled with other property that cannot be divided without difficulty; or
(F) Is subject to any interest exempted from forfeiture under this article.
(2) In addition to any other remedy provided for by law, a district attorney on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accord ance with subsection (i) of this Code section; to whom notice of seizure has been pro vided in accordance with subsection (h) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice

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JOURNAL OF THE HOUSE,

or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorneys' fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending.
(3) A district attorney may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be neces sary to enforce any judgment rendered pursuant to this Code section.
(4) No person claiming an interest in property subject to forfeiture under this arti cle may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code sec tion.
(5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defend ant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress. (x) Controlled substances included in Schedule I which are contraband and any con trolled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment of conviction under this article an order forfeiting any controlled substance involved in the offense to the extent of the defendant's inter est. (y) This Code section must be liberally construed to effectuate its remedial pur poses."
Section 2. (a) The repeal, or repeal and reenactment, of the provisions of Code Section 16-13-49 by this Act shall not abate any cause of action which arose at any previ ous time under the provisions of said Code section prior to the effective date of this Act. Furthermore, no action for forfeiture shall be abated as a result of the provisions of this Act, and any and every such action or cause of action shall continue, subject only to the applicable statute of limitations.
(b) No property shall be subject to forfeiture pursuant to this Act where the act or omission which makes such property subject to forfeiture occurred prior to the effective date of this Act unless such property was subject to forfeiture under the laws of this state at the time such act or omission occurred.
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Twiggs of the 4th moved that the House disagree to the Senate substi tute to HB 1223.
The motion prevailed.

HB 671. By Representative Morton of the 47th:
A bill to amend Chapter 11 of Title 4 of the Official Code of Georgia Anno tated, known as the "Georgia Animal Protection Act," so as to provide for the euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and proce dures for euthanasia.

FRIDAY, MARCH 9, 1990

2673

The following Senate substitute was read:
A BILL
To amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," so as to provide for the euthanasia of dogs and cats by certain animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia; to provide for exceptions; to provide for licenses and permits and the issuance, conditions, fees, and revocation thereof; to provide for notices and hearings; to provide for guidelines; to provide that a veterinarian or physician may limit the quantity of possession of sodium pentobarbital; to provide for exceptions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the "Georgia Animal Protection Act," is amended by adding, following Code Section 4-11-5, a new Code Section 4-11-5.1 to read as follows:
"4-11-5.1. (a) Except as provided in subsection (b) of this Code section, the use of sodium pentobarbital or a derivative of it shall be the exclusive method for euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collec tion and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference:
(1) Intravenous injection by hypodermic needle; (2) Intraperitoneal injection by hypodermic needle; or (3) Intracardial injection by hypodermic needle. (b) Notwithstanding subsection (a) of this Code section: (1) A chamber using commercially bottled carbon monoxide gas which was used on July 1, 1990, for euthanasia of dogs and cats by any animal shelter or other facility may continue to be used for such purposes by such animal shelter or facility if such animal shelter or facility notifies the Commissioner of Agriculture, in writing, on or before August 1, 1990, that such a chamber was in use by such animal shelter or facil ity on July 1, 1990. However, a chamber which causes a change in body oxygen by means of altering atmospheric pressure or which is connected to an internal combus tion engine and uses the engine exhaust for euthanasia purposes shall not be permit ted under any circumstances; and (2) Any substance which is clinically proven to be as humane as sodium pentobarbital and which has been officially recognized as such by the American Veter inary Medical Association may be used in lieu of sodium pentobarbital to perform euthanasia on dogs and cats, but succinylcholine chloride, curare, curariform mixtures, or any substance which acts as a neuromuscular blocking agent may not be used on a dog or cat in lieu of sodium pentobarbital for euthanasia purposes. (c) In addition to the exceptions provided for in subsection (b) of this Code section, in cases of extraordinary circumstance where the dog or cat poses an extreme risk or danger to the veterinarian, physician, or lay person performing euthanansia, such person shall be allowed the use of any other substance or procedure that is humane to perform euthanasia on such dangerous dog or cat. (d) A dog or cat may be tranquilized with an approved and humane substance before euthanasia is performed. (e) Euthanasia shall be performed by a licensed veterinarian or physician or a lay person who is properly trained in the proper and humane use of a method of euthanasia. Such lay person shall perform euthanasia under supervision of a licensed veterinarian or physician. This shall not be construed so as to require that a veterinarian or physi cian be present at the time euthanasia is performed. (f) No dog or cat may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person.

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(g) The supervising veterinarian or physician shall be subject to all record-keeping requirements and inspection requirements of the State Board of Pharmacy pertaining to sodium pentobarbital and other drugs authorized under subsection (b) of this Code sec tion and may limit the quantity of possession of sodium pentobarbital and other drugs authorized to ensure compliance with the provisions of this Code section.
(h) This Code section shall not apply to any animal shelter or other facility located in a county having a population of 25,000 or less according to the most recent United States decennial census."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Morton of the 47th moved that the House agree to the Senate substi tute to HB 671.
On the motion, the ayes were 93, nays 3.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circum stances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Har bor on December 7, 1941.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1554

The Committee of Conference on HB 1554 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1554 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Roy E. Barnes
Senator, 33rd District
/s/ Joe Burton Senator, 5th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bl11 Barnett Representative, 10th District
/s/ Herman Clark Representative, 20th District

/s/ James W. Tysinger Senator, 41st District

/s/ Jerry D. Jackson Representative, 9th District

A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran

FRIDAY, MARCH 9, 1990

2675

of the armed forces of the United States who survived the Japanese attack on Pearl Har bor on December 7, 1941; to provide procedures connected therewith; to provide for the design of such license plates; to provide for the transfer or return of such license plates under certain conditions; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding between Code Sections 40-2-75.2 and 40-2-76 a new Code Section 40-2-75.4 to read as follows:
"40-2-75.4. (a) Motor vehicle owners who are veterans of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941, shall be eligible to receive special and distinctive vehicle license plates for private pas senger car, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commis sioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applica tions have been received. After receipt of 250 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regulations nec essary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a survivor of the Japanese attack on Pearl Harbor on December 7, 1941.
(d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-76.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 2. This Act shall become effective January 1, 1991, except that for purposes of the acceptance of license plate applications and design of such plate by the commis sioner, it shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Clark of the 20th moved that the House adopt the report of the Com mittee of Conference on HB 1554.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick
Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Y Campbell Carrell Carter
Y Chambless Chance
Y Cheeks

Y Childers
Clark,B
Y Clark.H Y Clark,L
Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C
Davis.G Y Davis.M Y Diron,H Y Dixon,S
Dobbs Y Dover YDunn
Y Edwards YEhrhart
Felton Y Fennel Y Floyd,J.M Y FloydJ.W
Y Foster YGodbee YGoodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston YLaneJ)
Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald McKelvey

McKinney.B
Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody YMorton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell
Randall Ransom YRay Reaves Redding Y Richardson
Y Ricketson Robinson
Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow
Y Stancil,F Y StanciLS
Stanley YSteele
Stephens YStreat YTeper Y Thomas,C Y Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker,C
Walker ,L Y Wall
Ware Y Watson Y Watts
White
Wilder Y Williams.B
Williams.J Y Yates YYeargin
Murphy,Spkr

On the motion, the ayes were 141, nays 0. The motion prevailed.

The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendment or substitutes thereto:

HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to pro hibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circum stances.

The following Senate amendment was read:

Amend HB 402 by striking from lines 21 and 22 of page 1 the following: "unless such person completes a 12 month period of driving without committing any",

FRIDAY, MARCH 9, 1990

2677

and inserting in lieu thereof the following: "for a period of 12 months following the date of conviction of any".

The following amendment was read and adopted:

Representative Ricketson of the 82nd moves to amend the Senate amendment to HB 402 by adding after line 9 of page 1 the following:
"By striking from lines 4, 15, 19, and 25 of page 1 the following: 'Class 1 instruction',
and inserting in lieu thereof the following: 'noncommercial Class P instruction'.
By striking from line 20 of page 1 the following: 'Class 1, 3, 4, or 5 driver's',
and inserting in lieu thereof the following: 'noncommercial Class A, B, or C driver's'".

Representative Ricketson of the 82nd moved that the House agree to the Senate amendment, as amended by the House, to HB 402.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates
Beck
Y Benefield YBenn Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Carter
Y Chambless Chance
Y Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell
Y Couch Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Y Davis.G Y Davis,M Y Diion,H Y Dixon.S YDobbs Y Dover
YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Holland Holmes
Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawaon
YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 147, nays 0.

McKinney,B
Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody YMorton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett YPannell
Par ham Parrish Y Patten Y Pettit Pinkston YPoag Y Porter YPoston Y Powell Randall
Ransom YRay
Reaves Redding Y Richardson Y Ricketson
Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
YSteele Stephens
Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder
Y Williams,B Williams.J
Y Yates Y Yeargin
Murphy,Spkr

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JOURNAL OF THE HOUSE,

The motion prevailed.

HR 777. By Representatives Thomas of the 69th, Groover of the 99th, Walker of the 115th and Murphy of the 18th:
A resolution proposing an amendment to the Constitution so as to provide for suits against state officials and employees; to provide for the liability of state officials and employees for injuries and damages arising from their dis charge of their official functions.

The following Senate substitute was read:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide for waiver of sovereign immunity by enactment of a State Tort Claims Act; to authorize the General Assembly to provide by law for procedures for the making, handling, and disposition of claims and actions against the state and its departments, agencies, officers, and employees; to waive sovereign immunity as to actions ex contractu; to provide the circumstances under which officers and employees of the state may be subject to suit; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II of the Constitution is amended by deleting the exist ing Paragraph IX in its entirety and substituting therefor the following:
"Paragraph IX. Sovereign immunity and waiver thereof; claims against the state and its departments, agencies, officers, and employees, (a) The General Assembly may waive the state's sovereign immunity from suit by enacting a State Tort Claims Act, in which the General Assembly may provide by law for procedures for the making, handling, and disposition of actions or claims against the state and its departments, agencies, officers, and employees, upon such terms and subject to such conditions and limitations as the General Assembly may provide.
(b) The General Assembly may also provide by law for the processing and disposi tion of claims against the state which do not exceed such maximum amount as provided therein.
(c) The state's defense of sovereign immunity is hereby waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies.
(d) Except as specifically provided by the General Assembly in a State Tort Claims Act, all officers and employees of the state or its departments and agencies may be sub ject to suit and may be liable for injuries and damages caused by the negligent perform ance of, or negligent failure to perform, their ministerial functions and may be liable for injuries and damages if they act with actual malice or with actual intent to cause injury in the performance of their official functions. Except as provided in this subparagraph, officers and employees of the state or its departments and agencies shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. The provisions of this subparagraph shall not be waived.
(e) Except as specifically provided in this Paragraph, sovereign immunity extends to the state and all of its departments and agencies. The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver.
(f) No waiver of sovereign immunity under this Paragraph shall be construed as a waiver of any immunity provided to the state or its departments, agencies, officers, or employees by the United States Constitution."

FRIDAY, MARCH 9, 1990

2679

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended to provide that the General Assembly may authorize lawsuits against the state and its departments, agencies, officers, and employees and to provide how public officers and employees may and may not be held liable in court?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Groover of the 99th moved that the House agree to the Senate substi tute to HR 777.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken
Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell
Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark.L
Coleman Y Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings.M
Y Davis.C Y Davis,G Y Davis,M Y Dixon.H
Dixon,S YDobbs
Y Dover YDunn Y Edwards
Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y FloydJ.W Y Foster
Y Godbee YGoodwin Y Green
Y Greene YGresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin YIsakson Y Jackson,J Y Jackson,W Y Jamieson
Jenkins Johnson Y Jones
Y Kilgore Y Kingston YLane,D YLane.R
Y Langtord Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton
Mangum Martin YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 142, nays 0. The motion prevailed.

McKinney,B
Y McKinney,C Y Meadows
Milam Y Mobley
Moody Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Pinkston Poag
Y Porter YPoston Y Powell YRandall
Ransom
YRay Reaves Redding
Y Richardson
Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L
Y Smith.P Smith.T
Y Smith,W Smyre
YSnow
Y Stancil,F Y Stancil,S
Stanley Y Steele
Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs YVaughan Y Waddle
Walker.C
Walker,L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
WUliams,J Y Yates Y Yeargin
Murphy,Spkr

HB 1521.

By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commis sion, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

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The following Senate substitute was read:

A BILL
To amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the local board of education upon receiving information that any school system educator has committed certain desig nated crimes under Georgia law; to require the local board of education to transmit such report to the commission if such local board determines that an investigation is warranted; to provide that the commission shall investigate on the basis of such written report and make recommendations to the applicable local board of education and the State Board of Education in conformity with the commission's authority; to provide for expunging such reports from the record of an exonerated educator; to provide that willful failure of such designated administrators to make written reports or investigation requests shall constitute grounds for commission investigation and recommendations as to the administrator; to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relat ing to the State Board of Education, so as to change the qualifications and disqualifica tions for membership on the board; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to the Professional Practices Commission, is amended by adding after Code Section 20-2-795 a new Code Section 20-2-795.1 to read as follows:
"20-2-795.1. (a) Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report from any identified school system personnel, parent or custodian of a child enrolled in the school system that any school system educator employed by the local unit of administration has committed any of the following specifi cally identified crimes:
(1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16;
(2) Any sexual offense, as provided for in Chapter 6 of Title 16, or any sexual exploitation of a minor as provided for in Code Section 16-12-100;
(3) Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16;
(4) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or
(5) Unlawfully operating a motor vehicle after being declared a habitual violator, for violating Code Section 40-5-54, Code Section 40-6-391, Code Section 40-6-392, or Code Section 40-6-394 or any combination. If the local board of education determines that the reported matters warrant investiga tion, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the Professional Practices Commission with a request for investigation. The commission shall investigate and make recommendations on such reported matters in accordance with Code Sections 20-2-796 and 20-2-797. If the Professional Practices Commission finds that no probable cause exists to recommend disciplinary action or the educator investigated is exonerated after a hearing, then all records of the Professional Practices Commission investigation and of any hearing by the Department of Education or the State Board of Education, including all reports received pursuant to subsection (a) of this Code section, made pur suant to this Code section and pertaining to the educator investigated shall be com pletely expunged. (b) The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence,

FRIDAY, MARCH 9, 1990

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and name of any and all known witnesses; and, in so reporting, the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. However, the willful failure of any of such local school system administrators to comply with subsection (a) of this Code section shall be grounds for the commission's recommending to the local board of education or the State Board of Education, or both, imposition on the administrator of any of the disciplinary actions set forth in Code Section 20-2-797. The reporting requirements set forth in this Code section are in addition to and not a substitute for any and all other reporting require ments related to child abuse which exist under Georgia law."
Section 1.1. Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, is amended by striking Code Section 20-2-4, relating to qualifications and disqualifications, and inserting in lieu thereof a new Code Section 20-2-4 to read as follows:
"20-2-4. (a) The members of the State Board of Education shall be citizens of this state who have resided in Georgia continuously for at least five years preceding their appointment. No person employed or retained in a professional capacity by a private or public educational institution or local school board or by the Department of Education nor any partner, associate, or employee of any such person shall be eligible for appoint ment or to serve on the state board. No person who is or has .within the previous two years, connected with or employed by a schoolbook publishing concern or by any person, which sells or has, within the previous two years, sold any school related goods or ser vices directly to students of any public or private educational institution on school premises shall be eligible for membership on the state board and, if any person shall be so connected or employed after becoming a member of the state board, his place shall immediately become vacant.
(b) Any member of the board, for himself or on behalf of any business in which he or any member of his family has a substantial interest, as defined in Code Section 45-10-20, who transacts business with any public or private educational institution shall disclose prior to January 31 of each year to the Secretary of State on appropriate forms an itemized list of the previous year's transactions, which disclosure statements shall be public records."
Section 1.2. Section 1.1 of this Act shall not apply to or disqualify any current members of the State Board of Education during their current term who were otherwise qualified at the time of appointment to serve on the state board prior to enactment of this Act.
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Aiken of the 21st moved that the House agree to the Senate substitute to HB 1521.

Representative Irwin of the 13th moved that HB 1521 be placed upon the table.

Representative Irwin of the 13th withdrew her motion to place HB 1521 upon the table.

Representative Aiken of the 21st withdrew his motion to agree to the Senate substi tute to HB 1521.

Representative Aiken of the 21st moved that the House disagree to the Senate substi tute to HB 1521.
The motion prevailed.

The following Resolution of the House, favorably reported by the Committee on Natu ral Resources, was read and adopted:

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HR 1038. By Representatives Porter of the 119th, Patten of the 149th, Hooks of the 116th and Dobbs of the 74th:
A resolution urging the Georgia Congressional Delegation to support legisla tion which will not incorrectly classify materials that have served their origi nal purpose and that will be or are being recycled as "wastes" and legislation which will release sellers of such materials from liability for any environmen tal contamination that may result from the actions of the purchasers of such materials.

The Speaker Pro Tern assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school prop erty or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1297

The Committee of Conference on HB 1297 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1297 be adopted.

Respectfully submitted,

FOR THE SENATE: M Horace E. Tate
Senator, 38th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Helen elman Representative, 32nd District Dick Lane Representative, 27th District

/s/ John C. Foster Senator, 50th District

/s/ Suzi Johnson-Herbert Representative, 76th District

A BILL
To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school functions and require cer tain reports thereof to be made to the appropriate school system superintendents and the police authority or district attorney; to provide for immunity from liability; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to disrupting schools, is amended by adding at the end a new Code section to read as follows:

FRIDAY, MARCH 9, 1990

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"20-2-1184. (a) Any teacher or other person employed at any public or private ele mentary or secondary school who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by any of the following:
(1) Code Section 16-5-24, relating to aggravated battery; (2) Chapter 6 of Title 16, relating to sexual offenses; (3) Code Section 16-11-127, relating to carrying deadly weapons at public gather ings; or (4) Code Section 16-13-30, relating to possession and other activities regarding marijuana and controlled substances, may make a written report of that act and the name of the student to the principal of that school or the principal's designee. (b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof as soon as possible by telephone or otherwise to the appro priate school system superintendent. If the superintendent has reasonable cause to believe that the report is valid, he shall immediately make a written and oral report to the appropriate police authority and district attorney. (c) Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from 'any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section is made in good faith. (d) Any person required to make a report pursuant to this Code section who know ingly and willfully fails to do so shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Richardson of the 52nd moved that the House adopt the report of the Committee of Conference on HB 1297.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken
Y Alford Y Alien Y Athon Y Atkins
Bailey
Y Baker Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Bates YBeck
Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Carter

Y Chambless
Chance Y Cheeks
Y Childers Clark.B
Y Clark,H Y Clark,L
Coleman
Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B N Cummings.M Y Davis,C Y Davis.G Y Davis,M Y Dixon,H Y Din,S Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green

Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder

YLong YLord
Lucas
Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell

YRandall Y Ransom YRay
Reaves Redding Y Richardson Ricketson Robinson Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
YSteele Y Stephens Y Streat Y Teper
Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs

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Y Vaughan Y Waddle YWalker.C

Walker,L Y Wall Y Ware

Y Watson Y Watts
White

Y Wilder Y Williams,B
Williams,J

Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 149, nays 1. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1752.

By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

The following Senate substitute was read:

A BILL
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide that insurance companies that write automobile insurance policies shall offer complete coverage for repair or replacement of certain damaged safety equipment without regard to any deductible or minimum amount; to provide for definitions; to provide the date of application of such requirements; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to increase the amount of certain benefits payable for funeral and burial expenses; to provide that certain coverages shall be made available on a deductible basis; to provide for various deductible amounts; to pro vide that any deductibles shall not be applicable to a guest passenger; to increase the amount of optional benefits payable without regard to fault which shall be offered by an insurer; to provide for written statements concerning the explanation of deductibles to be included in applications for motor vehicle insurance coverage and signed by the applicant; to authorize the coordination of benefits when payable under more than one policy of insurance; to provide exceptions; to require certain premium reductions on motor vehicle insurance for certain students who are under the age of 25; to provide for certain proof and forms; to provide exceptions; to require insurers to maintain as a part of a rating plan a separate tier of such plan for coverages provided to persons who are good drivers; to pro vide for reductions in premiums under certain conditions; to require the Commissioner to provide by rule for the efficient settlement of property damage claims under motor vehicle insurance policies; to require private passenger motor vehicle insurance policies to contain certain provisions relative to the settlement of total loss claims on certain motor vehicles; to provide a definition; to create the position of state automobile insurance consumer ser vices officer; to provide for definitions; to provide for qualifications and appointment; to provide for duties, powers, and authority of the state automobile insurance consumer ser vices officer; to create the Consumer Automobile Insurance Advisory Panel; to provide for membership, qualifications, and appointment; to provide for duties, powers, and authority of such panel; to provide for surcharges to be assessed on private passenger and commer cial automobile insurance policies; to provide for the collection of such funds; to provide

FRIDAY, MARCH 9, 1990

2685

for legislative intent; to provide that certain expenses relating to punitive damages shall not be considered in the making and use of rates or rating plans for motor vehicle insur ance; to provide for related matters; to provide an effective date; to provide for the exami nation of rating plans by insurers and for the reduction of rates on and after a certain date; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Consumer Auto Insur ance Affordability Act of 1990."
Section 2. Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, is amended by striking paragraph (2) of subsection (a) in its entirety and inserting in its place a new paragraph (2) of subsection (a) to read as follows:
"(2) The coverage for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, may provide shall be written upon the policy form with an exclusion of net mere than the first $250.00 of such loss or damage to any insured in any one accident and may be subject to differing levels of deductibles at the request of the policyholder in amounts of $100.00 and $500.00."
Section 2.1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding at the end thereof a new Code Section 33-24-53 to read as follows:
"33-24-53. (a) As used in this Code section, the term: (1) 'Automobile insurance policy' means a policy as defined in paragraph (1) of
subsection (b) of Code Section 33-24-45. (2) 'Safety equipment' means only the glass used in the windshield.
(b) Any insurance company that writes automobile insurance policies in this state shall offer complete coverage for repair or replacement of damaged safety equipment without regard to any deductible or minimum amount.
(c) This Code section shall apply to all automobile insurance policies issued or renewed on or after July 1, 1990."
Section 3. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," is amended by striking Code Section 33-34-4, relating to minimum required motor vehicle insurance coverages, and inserting in its place a new Code Section 33-34-4 to read as follows:
"33-34-4. (a) No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has insurance on the vehicle providing the following minimum coverage:
(1) Motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state;
(2) Compensation to insured injured persons without regard to fault up to an aggregate minimum limit of $5,000.00 per insured injured person for:
(A) All necessary medical expenses, not to exceed $2,500.00, arising from a motor vehicle accident, including necessary medicine, drugs, and surgical, dental, X-ray, and rehabilitative services, including prosthetic devices, and necessary ambulance, hospital, and nursing services as prescribed, authorized, approved, or rendered by an attending physician, including any person licensed to practice a healing art and any remedial treatment and care rendered in accordance with a recognized religious healing method;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability with a maximum benefit of $200.00 per week or, in the event the insured is the sole shareholder of a professional corporation organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corpo ration during the period of the insured's disability with a maximum benefit of $200.00 per week;

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(C) Expenses, not to exceed $20.00 per day, reasonably incurred during a period of disability in obtaining ordinary and necessary services from others, excluding members of the injured person's household, in lieu of services that, had he or she not been injured, the injured person would have performed not for income but for the benefit of his or her household; and
(D) Funeral services and burial expenses not to exceed $1,600.00 $3,000.00 per person. (b) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of this Code section shall be payable after the death as though the deceased were alive
but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or chil dren, or both. Survivor's benefits shall be payable at least monthly until exhausted.
(c) The total benefits required to be paid under this Code section without regard to fault as the result of any one accident shall not exceed the sum of $5,000.00 per each individual covered as an insured person or such greater amount of coverage as has been purchased on an optional basis as provided in Code Section 33-34-5, regardless of the number of insurers providing such benefits or of the number of policies providing such coverage.
(d) An insurer may shall make the coverages described under subparagraphs (a)(2)(A) and (a)(2)(B) of this Code section and (a)(l)(A) and (a)(l)(B) of Code Section 33-34-5 available on a deductible basisT in amounts of $100.00, $250.00, and $500.00 at the option of the named insured and at a reduced price. Seh a Any deductible shall not, however, apply to compensation to a pedestrian; to compensation to a guest passen ger, or to compensation to any insured whose injury results in death, dismemberment, permanent blindness in one or both eyes, total and permanent paralysis, or a compound fracture of an arm or leg. Subject to the foregoing limitation, such a deductible shall apply to reduce the total benefits limits specified by subsection (c) of this Code section, except that if there exist two or more policies providing coverage under this Code sec
tion, then with respect to each such policy the benefits limits specified by subsection (c) of this Code section shall be reduced only by the amount of the deductible specified in that policy."
Section 4. Said chapter is further amended by striking subsection (a) of Code Sec tion 33-34-5, relating to optional motor vehicle insurance coverages, and inserting in its place a new subsection (a) to read as follows:
"(a) Each insurer shall also make available on an optional basis the following cover age:
(1) An aggregate limit of benefits payable without regard to fault up to $60,000.00 $100,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of sub section (a) of Code Section 33-34-4:
(A) Any expenses of the type described in subparagraph (a)(2)(A) of Code Sec tion 33-34-4;
(B) Eighty-five percent of the loss of income or earnings of the insured during disability or, in the event the insured is the sole shareholder of a professional corpo ration organized under Chapter 7 of Title 14, 85 percent of the loss of gross income or earnings of the professional corporation during the period of the insured's disabil ity;
(C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and
(D) Funeral services and burial expenses not to exceed $2,000.00 $3,500.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the

FRIDAY, MARCH 9, 1990

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deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's sup port for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted;
(3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehi cle, provided that benefits payable under this paragraph shall be written upon the pol icy form with a $250.00 deductible and may be subject to dcductiblcs a higher level of deductible at the request of the policyholder in the amount of $500.00."
Section 5. Said chapter is further amended by adding immediately following Code Section 33-34-5, relating to optional motor vehicle insurance coverages, a new Code sec tion, to be designated Code Section 33-34-5.1, to read as follows:
"33-34-5.1. Each initial application for a new policy of motor vehicle liability insur ance sold in this state on and after October 1, 1990, shall contain a statement in bold face type signed by the applicant indicating that the deductibles described in paragraph (2) of subsection (a) of Code Section 33-7-11, in subsection (d) of Code Section 33-34-4, and in paragraph (3) of subsection (a) of Code Section 33-34-5 have been explained to the applicant and that such explanation included the amount of premium to be saved by choosing a deductible."
Section 6. Said chapter is further amended by striking Code Section 33-34-8, relating to the reduction or elimination of benefits under said chapter where the injured person is entitled to receive workers' compensation benefits, in its entirety and inserting in its place a new Code Section 33-34-8 to read as follows:
"33-34-8. (a) The benefits payable under this chapter shall not be reduced or elimi nated by any workers' compensation benefits, medical payment benefits, er any other
is entitled to receive, except as provided in subsections (b) and (c) of this Code section. (b) In those instances where the benefits payable under this chapter have been pro
vided for at the expense of an employer who is also obligated by statute to provide com pensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law.
(c) In those instances where the benefits payable under this chapter have been pro vided for at the expense of an employer who is also obligated by statute to provide com pensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this chapter for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law, provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this chapter without regard to fault and under any workers' compensation law be less than an amount which is equal to the person's loss of income or earnings during disability or an amount which is equal to the amount the person is entitled to receive as compen sation for the loss under any workers' compensation law plus the limits of the coverage under any applicable policy of motor vehicle insurance or under any program of self-in surance providing such benefits, whichever is less.
(d) The benefits provided under a policy of motor vehicle insurance which are gay; able without regard to fault for expenses described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(l)(A) or subparagraph (a)(l)(B) of Code Section 33-34-5 shall be primary for accidental bodily injury or disabil ity with respect to similar benefits under other insurance policies except policies provid ing coverage for workers' compensation benefits. Benefits payable for the expenses

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described in subparagraph (a)(2)(A) or subparagraph (a)(2)(B) of Code Section 33-34-4 and subparagraph (a)(l)(A) or subparagraph (a)(l)(B) of Code Section 33-34-5 under a group or blanket policy of accident and sickness insurance, or a disability group policy may be reduced or eliminated to the extent that an insured injured person is entitled to receive compensation for such expenses under a policy of motor vehicle insurance.
(e) For purposes of ranking the order of benefits payments in cases of more than one applicable policy, the order of payment shall be as follows:
(1) Motor vehicle insurance; (2) Group or blanket accident and sickness insurance; and (3) Group disability insurance. {d} (f) Medical payment benefits and uninsured motorists' benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this chapter. (g) This Code section shall not apply to individual accident and sickness policies or individual disability policies or to any insurance benefit plan or contract negotiated in conjunction with a collective bargaining agreement."
Section 7. Said chapter is further amended by adding at the end thereof six new Code sections, to be designated Code Sections 33-34-17.1, 33-34-18, 33-34-19, 33-34-20, 33-34-21, and 33-34-22, to read as follows:
"33-34-17.1. (a) For each personal or family-type policy of motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after July 1, 1990, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, bodily injury, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver:
(1) Is unmarried; (2) Is enrolled as a full-time student in:
(A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; and (3) Is an honor student because the scholastic records for the immediately preced ing quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll.' (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in sub section (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from.

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33-34-18. (a) (1) As used in this Code section, the term 'good driver' means a per son who, for the three years immediately preceding the date of an application for pri vate passenger motor vehicle insurance or any renewal of such insurance, has held a valid driver's license, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle, and has had no claims based on the insured's fault.
(2) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages provided to insureds who are good drivers. Such rating plan tier shall con tain a minimum of 10 percent lower rates when compared with the remainder of the plan. Where applicable, the requirements of this paragraph may be satisfied by the maintenance of interrelated rating plans between affiliated insurers, so long as insur eds who are good drivers receive placement in the rating plan of the insurer which corresponds to the separate good driver tier. (b) Each insurer providing coverages under this chapter shall maintain as a part of its rating plan reductions in premiums for statistically recognized cost reductions associ ated with risks. Reductions in premiums shall be given for, but are not limited to, the following:
(1) Package policies or multiple vehicle coverages; (2) Group policies, if available; (3) Good student performance; (4) Antitheft devices; (5) Improved vehicle safety equipment; (6) Deductibles; and (7) Good drivers. 33-34-19. The Commissioner shall provide by rule procedures for the expeditious and efficient settlement of property damage claims under private passenger motor vehicle policies. Such procedures may include but shall not be limited to: (1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market values on total losses and the Commissioner shall issue regulations which shall specify three (3) or more objective criteria for the estab
lishing of such values; (4) Use of aftermarket parts; and (5) Time limitations for payments.
33-34-20. (a) Each policy of private passenger motor vehicle insurance issued, deliv ered, issued for delivery, or renewed in this state on and after July 1, 1990, shall provide that, with respect to any property damage liability, collision, or comprehensive claim in which a new motor vehicle within 30 days of the purchase date or any motor vehicle with an odometer reading of 2,500 miles or less is declared a total loss, the insured or other claimant suffering property damage shall have the option of accepting the full pur chase price of the motor vehicle or a replacement vehicle in settlement of the claim.
(b) For the purposes of this Code section, 'full purchase price of the motor vehicle' means the total of any amount previously paid by the insured or other claimant toward the purchase of the motor vehicle and the amount for which the insured or other claim ant is liable to a lienholder under a financing agreement, excluding taxes and finance charges, with respect to such motor vehicle.
33-34-21. (a) As used in this Code section, the term:
(1) 'Consumer services officer' means the state automobile insurance consumer ser vices officer.
(2) 'Panel' means the Consumer Automobile Insurance Advisory Panel,
(b) There is created the position of state automobile insurance consumer services officer to be appointed by the Governor. To qualify for appointment, the person to be selected shall possess demonstrated knowledge and experience regarding automobile insurance regulation, automobile insurance consumer services, automobile insurance industry operations, and the problems and issues arising from such areas. In addition to duties specified in this Code section, the consumer services officer shall direct the
consumer services offered by the department.

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(c) The consumer services officer shall: (1) Provide for consumer input on all areas of the jurisdiction of the Commissioner
under this chapter, including but not limited to automobile insurance rates of insurers and rate filings; market conduct by insurers, their agents, and employees; and regula tory issues confronting the department;
(2) Convene and preside over the panel created in subsection (e) of this Code sec tion on at least a quarterly basis and provide administrative assistance for such panel; and
(3) Suggest, implement, and oversee needed improvements and expansions of con sumer services by the department. (d) (1) The consumer services officer shall appear, as a party, an intervenor, or oth erwise, on behalf of automobile insurance consumers of this state in any proceeding before the Commissioner under this chapter involving an automobile insurance rate filing, an administrative hearing, a regulatory proposal, or in any other proceeding of concern to automobile insurance consumers.
(2) The consumer services officer shall be authorized in the same representative capacity to intervene as of right or otherwise appear in any judicial proceeding involv ing or arising out of any proceeding in which the consumer services officer is autho rized to appear under paragraph (1) of this subsection.
(3) The Commissioner shall not proceed to hear or determine any matter in which the consumer services officer is entitled to appear unless it shall affirmatively appear that the consumer services officer was given at least 15 days' written notice thereof, unless such notice is affirmatively waived in writing or the consumer services officer
appears and specifically waives such notice. (4) The consumer services officer shall have access to all records, files, reports,
documents, and other information in the possession or custody of the department to the same extent as other staff of the department have access thereto and subject to the same limitations imposed on the use thereof by the department. (e) (1) There is created the Consumer Automobile Insurance Advisory Panel to con sist of ten members selected by the Governor. One member shall be chosen from each congressional district of this state.
(2) Members shall be appointed for terms of two years, except that five members appointed for the original membership of the panel on or after July 1, 1990, under paragraph (1) of this subsection shall be appointed for a term of one year. Members shall be eligible for reappointment.
(3) All selections by the Governor shall be made by consideration of the knowledge and experience of the proposed members in the areas of automobile insurance con sumer problems and issues.
(4) No person who is employed by an insurer or its parent or subsidiary or who is employed as an insurance agent or broker shall be eligible for membership on the panel.
(5) The panel shall serve without compensation but shall be reimbursed for expenses of fulfilling the duties of the panel in such manner as state employees are reimbursed. (f) The panel shall:
(1) Meet at least quarterly and upon the call of the consumer services officer; (2) Consider issues affecting automobile insurance consumers of this state; (3) Provide input to the Commissioner on the resolution of automobile insurance consumer problems and issues; (4) Render advice on issues as requested by the consumer services officer or the Commissioner; (5) Advise the consumer services officer regarding the expansion, improvement, and maintenance of automobile insurance consumer services; (6) Initiate recommendations on consumer programs designed to increase aware ness levels and education levels of consumers about automobile insurance; and (7) Consider and recommend such actions as the panel deems necessary to resolve consumer matters and to implement the intent of this Code section of providing
heightened consumer input into insurance processes.

FRIDAY, MARCH 9, 1990

2691

(g) The consumer services officer and the panel shall prepare annually a report to the Commissioner and to the General Assembly of the actions of the panel.
(h) On and after October 1, 1990, there shall be assessed on each policy of private passenger or commercial automobile insurance issued in this state a surcharge of 10<t to be paid by the policyholder and remitted to the insurer at the time of payment of the first premium for such policy and each renewal date occurring each and every 12 months thereafter. The Commissioner shall collect from insurers the surcharges imposed by this subsection on a quarterly basis, at the same time and in the same manner as provided for installment payments of premium taxes under Code Section 33-8-6.
(i) It is the intent of subsection (h) of this Code section to provide a means of fund ing the position of the state automobile insurance consumer services officer created by this Code section. It is not, however, the intent of subsection (h) of this Code section to allocate funds in violation of Article VII, Section III, Paragraph II of the Constitution and any funds collected by the Commissioner pursuant to subsection (h) of this Code section shall be paid into the general treasury of the state and shall be subject to the normal appropriations process.
33-34-22. Expenses incurred or projected in connection with an insurer's liability or potential liability for punitive damages as provided in Code Section 33-34-6 shall not be considered in the making and use of rates or rating plans for commercial or private pas senger motor vehicle insurance and shall not be reflected in such rates or rating plans or in premiums charged to policyholders pursuant to such rates or rating plans."
Section 8. This Act shall become effective on October 1, 1990, and shall apply to policies issued on or after such date. After this Act becomes law upon the approval of the Governor or becomes law without such approval, insurers providing coverages under Chap ters 7 and 34 of Title 33 of the Official Code of Georgia Annotated shall examine existing rating plans under said chapter regarding the effects of this Act and other enactments of the 1990 regular session of the General Assembly and shall file changes to such plans to effectuate the provisions of such Acts. The Commissioner shall reduce by 10 percent on the effective date of this Act all rating plans for which no filing is received. Any rating plan filed prior to October 1, 1990, which does not contain at least a 10 percent reduction shall be subject to independent examination in the manner provided in Code Section 33-9-21 of the Official Code of Georgia Annotated as if an increase had been filed.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Dunn of the 73rd moved that the House disagree to the Senate substi tute to HB 1752.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 662. By Senators Howard of the 42nd, Johnson of the 47th and Baldwin of the 29th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident insurance, so as to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms.

Representative Dunn of the 73rd moved that the House adhere to its position in sub stituting SB 662 and that a Committee of Conference be apointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

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JOURNAL OF THE HOUSE,

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Dunn of the 73rd, Groover of the 99th and Ricketson of the 82nd.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 1617.

By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juve nile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.

The following Resolutions of the House were read and adopted:

HR 1132. By Representatives Bailey of the 72nd, Murphy of the 18th and Lee of the 72nd:
A resolution commending Alice Kaufmann.

HR 1133. By Representative Thomas of the 31st: A resolution commending Tillman Ward.

HR 1134. By Representatives Clark of the 20th and Lawrence of the 49th: A resolution recognizing the 80th anniversary of the Boy Scouts of America.

HR 1135. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending Mayor James H. Gray, Sr., (1973-86), posthumously, Mayor Wm. Larry Bays (1986-90), Mayor F.T. Coleman III (1990-92), and the Albany City Commissions for their respective administra tions.

HR 1136. By Representative Mangum of the 57th: A resolution commending Rosemary Kistler.

HR 1137. By Representative Isakson of the 21st:
A resolution commending the Wheeler High School Wildcat Varsity football team of Marietta, Georgia.

HR 1138. By Representative Mangum of the 57th: A resolution commending Jeffrey D. Williams.

FRIDAY, MARCH 9, 1990

2693

HR 1139. By Representatives Stancil of the 8th, Cummings of the 17th and Barnett of the 10th:
A resolution commending Honorable William G. Hasty, Sr.

HR 1140.

By Representatives Yates of the 75th and Adams of the 79th:
A resolution commemorating the construction and dedication of the J. Joel Edwards Public Library and commending the Pike County Library Board, Ms. Betty McDonnell, Mr. J. Joel Edwards and his family, and Ms. Pat Robertson.

HR 1141.

By Representatives Yates of the 75th and Adams of the 79th:
A resolution commemorating the publication of a History of Pike County 1822-1989 and commending the Pike County Association of Retired Teachers and the Pike County Journal-Reporter.

HR 1142. By Representative Bailey of the 72nd: A resolution expressing sympathy at the passing of James Weldon Hagin.

HR 1143. By Representatives Thompson of the 20th, Isakson of the 21st, Clark of the 20th, Atkins of the 21st, Vaughan of the 20th and others:
A resolution commending Dr. Betty L. Siegel.

HR 1144. By Representative McDonald of the 12th: A resolution commending Ms Shelia Gove and Ms. Lynda Marwede.

HR 1145. By Representatives Campbell of the 23rd, Jackson of the 9th and Felton of the 22nd:
A resolution honoring "Coach" Stanley Dean Moses and commending him on his retirement.

HR 1146. By Representative Breedlove of the 60th: A resolution commending the students of Sweetwater Middle School.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

HB 1098.

By Representatives Dobbs of the 74th and Groover of the 99th:
A bill to amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment except under certain specified conditions.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to property and persons subject to garnishment, so as to provide that funds or benefits of certain individual retirement accounts shall be exempt from garnishment

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except under certain specified conditions; to change certain provisions regarding the appli cability of the exemption of certain funds or benefits from a pension or retirement pro gram from garnishment; to repeal Code Section 18-4-22.1, relating to an exemption from garnishment for certain funds or benefits of a pension, retirement, or employee benefit plans or programs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to property and persons subject to garnishment, is amended by striking Code Section 18-4-22, relating to the exemption from garnishment of certain pension or retirement funds or benefits, and inserting in its place a new Code Section 18-4-22 to read as follows:
"18-4-22. (a) Funds or benefits from a pension or retirement program as defined in 29 U.S.C. Section 1002 (2)(A) or funds or benefits from an individual retirement account as defined in Section 408 of the United States Internal Revenue Code of 1986, as amended, shall be exempt from the process of garnishment until paid or otherwise trans ferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise transferred to the member or beneficiary, shall be exempt from the process of garnishment only to the extent provided in Code Section 18-4-20 for other disposable earnings, unless a greater exemption is otherwise provided by law.
(b) The exemption provided by this Code section shall not apply when:
be* of such program or to a beneficiary thereof; and {2)--The the garnishment is based upon a judgment for alimony or for child sup
port, in which event such funds or benefits shall then be subject to the process of gar nishment to the extent provided in subsection (f) of Code Section 18-4-20. (c) Nothing in this Code section shall prohibit the attachment or alienation of wel fare benefits as defined in 29 U.S.C. Section 1002(1) in the control of an administrator or trustee."
Section 2. Said article is further amended by repealing Code Section 18-4-22.1, relating to the exemption from garnishment of certain funds or benefits of pension, retire ment, or employee benefit plans and programs, which reads as follows:
"18-4-22.1. Funds or benefits of a pension, retirement, or employee benefit plan or program subject to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended, shall not be subject to the process of garnishment (1) until such funds or benefits are currently due and payable or transferable to a member of such plan or program or to a beneficiary thereof and (2) unless such garnishment is based upon a judgment for alimony or for child support, in which event such funds or benefits shall then be subject to the process of garnishment to the extent provided in subsection (d) of Code Section 18-4-20."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dobbs of the 74th moved that the House agree to the Senate substi tute to HB 1098.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins
Bailey Y Baker Y Balkcom

Bannister Y Barfoot Y Bargeron
Barnett,B Barnett.M Y Bates Beck Y Benefield Benn Y Birdsong Y Bishop

Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck Y Buford YByrd Y Campbell Y Carrell
Carter

Y Chambless Chance
Y Cheeks Y Childers
Clark,B Y Clark,H
Clark.L Y Coleman Y Colwell
Connell Y Couch

Y Crawford Y Crosby
Cummings,B
Y Cummings,M Davis.C
Y Davis.G Davis,M
Y Dixon.H Y Diion,S Y Dobbs Y Dover

FRIDAY, MARCH 9, 1990

YDunn Y Edwards
Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Foster Godbee
Y Goodwin Y Green Y Greene
Gresham Griffin Y Groover Y Hamilton Manner Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks

Y Howren
Hudson Ylrwin YIsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Kilgore Y Kingston
Y Lane.D Lane,R Langford Lawrence
Y Lawson YLee
Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin

Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney.C
Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Pettit Y Pinkston YPoag Y Porter

On the motion, the ayes were 132, nays 0. The motion prevailed.

Y Poston
Y Powell YRandall Y Ransom YRay Y Reaves
Redding Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield
Smith,I. Y Smith,P Y Smith,T Y Smith,W
YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Steele Y Stephens

2695
Streat YTeper Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall
Ware Y Watson Y Watts
White Wilder Y Williams.B Williams,,; Y Yates Y Yeargin Murphy,Spkr

HB 1660.

By Representatives Kingston of the 125th and Dixon of the 128th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to authorize a county board of equalization by regulation to establish a notice of appeal filing fee not to exceed $20.00.

The following Senate amendment was read:
Amend HB 1660 by inserting between "shall" and "institute" on line 17 of page 2 the following:
"j within 21 days following his receipt of such notice,".

Representative Kingston of the 125th moved that the House agree to the Senate amendment to HB 1660.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfbot Y Bargeron
Y Barnett,B Y Barnett.M
Y Bates YBeck Y Benefield YBenn

Y Birdsong
Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Carter Y Chambless
Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L

Y Coleman Colwell
Y Connell Y Couch
Crawford Crosby Y Cummings,B Y Cummings,M
Y Davis,C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S YDobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

Y Howren Y Hudson
Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong

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JOURNAL OF THE HOUSE,

Y Lord Y Lucas Y Lupton
Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton
Y Moultrie

Y Mueller Y Oliver.C Y Oliver.M
Y Orr Orrock
Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Y Pinkston Y Poag Y Porter Y Poston
Y Powell

Y Randall Y Ransom Y Ray
Y Reaves Redding
Y Richardson Y Ricketson
Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P Y Smith.T
Y Smith,W

On the motion, the ayes were 154, nays 0. The motion prevailed.

Smyre Y Snow Y Stancil.F
Y Stancil,S Y Stanley Y Steele
Stephens Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend

Twiggs Y Vaughan Y Waddle
Y Walker.C Walker,L
Y Wall Ware
Y Watson Y Watts
White Wilder Y Williams,B WUliamM Y Yates Y Yeargin
Murphy,Spkr

The Speaker assumed the Chair.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 1350. By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Anno tated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:

HB 1827.

By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding build ings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals.

The following Senate substitute was read:

A BILL
To amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals; to define certain terms; to change certain exceptions from such requirements; to provide for applicability of such requirements to residential and commercial buildings; to provide for local enforce ment as a condition of eligibility to receive certain loans, grants, or permits; to provide that such requirements shall not be construed as prohibiting local governments from

FRIDAY, MARCH 9, 1990

2697

adopting ordinances which provide stricter requirements; to provide for legislative findings and purpose; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, is amended by striking Code Section 8-2-1, relating to requirements for toilets, shower heads, and faucets, in its entirety and inserting new Code Sections 8-2-1, 8-2-2, and 8-2-3 to read as follows:
"8-2-1. The General Assembly finds that an adequate supply of clean drinking water is a precious and essential resource upon which life depends. The General Assembly fur ther finds that the average annual per capita consumption of potable water due to indoor water-using activities in the United States exceeds 18,000 gallons and that the demand for clean water supplies continues to increase despite the limitations of availa bility and affordability of such supplies. The General Assembly further finds that tech nology is available to improve the efficiency of plumbing products.
8-2-2. The purposes of this part are as follows: (1) To promote greater efficiency in residential and commercial water use and pre
serve the natural resources of this state; (2) To reduce consumer water and energy costs by reducing indoor water use,
reducing the need for new water supplies and treatment facilities, lowering operation and maintenance costs for water and sewer utilities, and reducing the amount of energy used to heat, treat, and transport water; and
(3) To generate consumer awareness of the need to save water and of the savings that can result from the use of efficient plumbing products. 8-2-1. 8-2-3. (a) As used in this Code section, the term: 'construction' means the SLitcr811on of so existing ouilding tn conncction with its fcpflir of rcnovfl11on or m conTM ncction witn mflKin^ tn Addition to fln existing ouHding, out sucn word docs not mesn and shall net include the mere rcplaccmcntof a malfunctioning, unserviceable, er obso lete faucet, shower head; er toilet in an existing building.
(1) 'Commercial' means any type of building other than residential. (2) 'Construction' means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building. (3) 'Residential' means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel. (b) After July 1, 1980 1991, there shall not be initiated within this state the con struction of any residential building of any type which: (1) Employs a gravity tank-type^ flushometer-valve, or flushometer-tank toilet that uses more than an average of & 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1 1992; er (2) Employs a shower head er faucet that allows a flow of more than an average of tW> 2.5 gallons of water per minute at 60 pounds per square inch of pressurer ; (3) Employs a urinal that uses more than an average of 1.0 gallon of water per flush; (4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or (5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute. (c) On and after July 1^ 1992, there shall not be initiated within this state the con struction of any commercial building of any type which does not meet the requirements of paragraphs (1) through (5) of subsection (b) of this Code section. {e} (d) The requirements of subsection (b) of this Code section shall apply to any residential construction initiated after July 1, 1080 1991, and to any commercial con struction initiated after July 1^ 1992, which involves the repair or renovation of or addi tion to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both.

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JOURNAL OF THE HOUSE,

fd) (e) Counties and municipalities are authorized and directed to provide by ordi nance for an exemption to the requirements of subsections (b)^ and (c); and (d) of this Code section, relative to new construction and to the repair or renovation of an existing building, under the following conditions:
(1) When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets, or shower heads within such existing building;
(2) When such plumbing or sewage system within such existing building, because of its capacity, design, or installation, would not function properly if the toilets, fau cets, or shower heads required by this part were installed;
(3) When such system is a well or gravity flow from a spring and is owned pri vately by an individual for use in such individual's personal residence; or
(4) When units to be installed are: (A) Specifically designed for use by the handicapped; (B) Specifically designed to withstand unusual abuse or installation in a penal
institution; or {)--Wall-hung tank-type toilets; {)--One-piece, low-profile toilets; er E) (C) Toilets for juveniles.
{e) (f) The ordinances adopted by counties and municipalities pursuant to subsec tion {d} (e) of this Code section shall provide procedures and requirements to apply for the exemption authorized by said subsection.
{f-} (g) This Code section shall not apply to any construction of a residential build ing the contract for which was entered into prior to July 1, 1080 1991, and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1^ 1992.
{g} (h) Any person who installs any toilet, faucet, urinal, or shower head in viola tion of this Code section shall be guilty of a misdemeanor.
(i) Before July lj 1991, a city, county, or authority shall adopt and enforce the provi sions of this Code section in order to be eligible to receive any of the following grants, loans, or permits:
(1) A water or waste-water facilities grant administered by the Department of Nat ural Resources or the Department of Community Affairs;
(2) A water or waste-water facilities loan administered by the Georgia Environ mental Facilities Authority; or
(3) A new or amended permit for the withdrawal of water from a surface-water or ground-water source. (j) The provisions of this Code section shall not be construed to prohibit counties or municipalities from adopting and enforcing local ordinances which provide requirements which are more stringent than the requirements of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Isakson of the 21st moves to amend the Senate substitute to HB 1827 by adding after the semicolon on line 27 of page 5 the word "or".
By striking the symbol and word "; or" on line 30 of page 5 and inserting in its place

By striking from lines 31 through 33 of page 5 the following: "(3) A new or amended permit for the withdrawal of water from a surface-water or ground-water source."
Representative Isakson of the 21st moved that the House agree to the Senate substi tute, as amended by the House, to HB 1827.

FRIDAY, MARCH 9, 1990

2699

On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Buford
YByrd Y Campbell
Y Carrell Carter
Y Chambless Chance
Y Cheeks

Y Childers Clark.B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee YGoodwin Y Green Y Greene Y Gresham
Y Griffin Y Groover N Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones
Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston
Powell YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith.T Y Smith.W
Smyre N Snow Y Stancil,F Y Stancil,S
Y Stanley Steele Stephens
Streat YTeper Y Thomas.C
Y Thomas.M Y Thompson
Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Yates
Yeargin Murphy,Spkr

On the motion, the ayes were 150, nays 2. The motion prevailed.

Representative Hamilton of the 124th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1427.

By Representatives Richardson of the 52nd, Thomas of the 31st, Sinkfield of the 37th, Davis of the 29th, Williams of the 48th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for individual and group accident and sickness insurance coverage of mammograms and Pap smears.

The following Senate amendment was read:

Amend HB 1427 by inserting between "policy" and the period on line 18 of page 2 the following:
"except a disability income policy, specified disease policy, or hospital indemnity pol icy".
By inserting between "policy" and the period on line 15 of page 4 the following:
"except a disability income policy, specified disease policy, or hospital indemnity pol icy".
Representative Richardson of the 52nd moved that the House agree to the Senate amendment to HB 1427.

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On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown YBuck Y Buford YByrd Y Campbell
Y Carrell
Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis,C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover Y Dunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Hamilton Hanner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson
Ylrwin Isakson
Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin YMcCoy
McDonald Y McKelvey

On the motion, the ayes were 162, nays 0. The motion prevailed.

McKinney.B Y McKinney.C
Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston
Powell YRandaU Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith.P
Smith,T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil,S
Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C
Y Thomas.M Y Thompson
Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J YYates Y Yeorgin
Murphy.Spkl

Representative Hamilton of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1756. By Representatives Smyre of the 92nd, Mangum of the 57th, Lawson of the 9th and Hooks of the 116th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to provide for variations in the program weights; to change certain minimum expenditure requirements.

The following Senate substitute was read:

A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to provide for variations in the program

FRIDAY, MARCH 9, 1990

2701

weights; to change certain minimum expenditure requirements; to provide for other mat ters related to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," is amended by striking Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof a new Code Section 20-2-161 to read as follows:
"20-2-161. (a) The instructional program for grades few six through eight is declared to be the base program against which the cost of all other instructional proplains sri3.li DC cornp3rcct. J. RC LjGHGrfli /vsscmDiy snflii ftHnufllly cstflulisn tftrou^jfi the General Appropriations Act the The amount of funds needed by each full-time equiva lent student in that the base program, in order that the base such program can be suffi ciently funded to provide quality basic education to all enrolled students; This amount ef funds , shall be known as the 'base amount' and shall reflect program components which constitute the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186. The program weights listed in subsection (bj of this Code section were calculated using component costs recommended by the task force appointed pursuant to subsection (f) of this Code section. Such component costs for the base amount shall be adjusted annually consistent with cost-of-living adjustments granted by the General Assembly for salaried and nonsalaried components. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories.
(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights:
(1) Kindergarten program.................................................................................-k838 1.346
(2) Primary grades program (l-3)....................................................................4r33? 1.265
(3) Upper elementary grades program (4-5) ............................................................1.020
(3) (4) Middle grades program (4-8 6J)............................................................... 1.000
(4) (5J High school general education program (9-12)..............................&996 1.001
fS) (6J High school nonvocational laboratory program (9-12).................ir296 1.219
(6) 7) Vocational laboratory program (9-12).............................................22 1.336
(?) (8J Program for the handicapped: Category 1......................................2A1& 2.246
(8) (9J Program for the handicapped: Category II....................................2r8?2 2.583
(9) (10) Program for the handicapped: Category III...................................3r628 3.265
(W) (11) Program for the handicapped: Category I\~...................................&33S 5.236
fH> (12) Program for intellectually gifted students: Category V ...............W76 1.583

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fi2) (13) Remedial education program ..............................................................fe314 1.313
(c) For purposes of calculating the annual allotment of funds to each local school system, the program weights may be carried to as many additional decimal places as needed and may be varied from the weights stated in subsection (b) of this Code section, consistent with cost-of-living adjustments granted by the General Assembly for salaried and nonsalaried components, by not more than 1 '/2 percent.
() (d) The total funds needed for the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section:
(1) Multiply the average full-time equivalent program count pursuant to subsec tion (b) of Code Section 20-2-160 by the respective program weight established in sub section (b) of this Code section;
(2) Multiply the product computed in paragraph (1) of this subsection by the base amount as established in the General Appropriations Act; and
(3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the instructional program in accordance with subsection {d} (e) of this Code section. The process and associated components contained within this Code section shall be known as the 'Quality Basic Education Formula." {d) (e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of June for the most recent year that these data are available] provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. Such additional amount shall be known as 'program adjustment amount for training and experience' and this amount shall be noted in total in the language section of the Gen eral Appropriations Act each year. {) (fj As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems."
Section 2. Said article is further amended in Code Section 20-2-167, relating to fund ing for direct instructional costs, media center costs, and staff development costs, by strik ing paragraphs (1) and (2) of subsection (a) in their entirety and inserting in lieu thereof new paragraphs (1) and (2) of subsection (a) to read as follows:
"(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instruc tional costs for each program identified in Code Section 20-2- 161, specifying the salaries and operational costs portions. 'Direct instructional costs' is defined as those compo nents of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped students shall be summed into one amount for special education. T-he direct instructional easts for the kindergarten pre^FfliR 9.11(1 ppiwiflry ^Pflocs pro^jrsm stiftii & suinmeet mto 0110 QHiount lor trie Gftriy cic^ mentary grades. Of For each program, each local school system shall spend a minimum of 90 percent of the total funds designated for salaries in direct instructional costs for

FRIDAY, MARCH 9, 1990

2703

each program, for such salaries and a minimum of 90 percent shall be spent en of the funds designated for operational costs in direct instructional costs ef for such program operational costs, except as modified in this paragraph. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amount amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial alloca tion for one or more programs authorized pursuant to Code Section 20-2-161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 90 percent amount for the appropriate portions of the direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated fulltime equivalent counts and reduce the 90 percent amount for the appropriate portions of the direct instructional costs of the instructional programs which experienced the lower than anticipated full-time equivalent counts; provided, however, that the combined amount of such reductions shall be equal to the combined amount of increases in the 90 percent amount amounts for programs with greater than anticipated full-time equiva
lent program counts; provided, further, that the 90 percent amount amounts for direct instructional costs for any instructional program which experienced a lower than antici pated full-time equivalent count shall not be reduced below the 90 percent amount
reflected in the midterm calculations. In the event a local school system does not actu ally enroll the full-time equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a por tion of that allocation for direct instructional costs to the state, the 90 percent amount
for the appropriate portions of the direct instructional costs of that program shall be
reduced by that returned amount. Except as otherwise provided by law or rule and regu lation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equip ment, or any other appropriate direct instructional expense. Quality Basic Education
Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program speci
fied by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more
of the other programs specified by that Code section. (2) The state board shall annually compute, based upon the initial allotment of
funds to each local school system, the total funds needed system wide for media center costSj specifying the salaries and materials cost portions. In computing the total funds
needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school
system shall spend a minimum of 90 percent of the total funds designated for media center salary costs for this purpose, such salaries and a minimum of 90 percent of the
funds designated for media center materials costs for such materials. For each local school system which is granted an additional allotment for the midterm adjustment pur suant to Code Section 20-2-162, the 90 percent amounts shall be increased by the por
tion of the midterm adjustment allotment which is applied to the respective portions of
the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent
amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for media center
costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161."
Section 3. Said article is further amended by striking Code Section 20-2-181, relating to the base school sizes reflected in program weights, in its entirety and inserting in lieu thereof a new Code Section 20-2-181 to read as follows:

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"20-2-181. The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program1 and the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the special edu cation programs, and the remedial education program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school nonvocational and vocational lab oratory programs shall reflect a base school size of 970 full-time equivalent students."
Section 4. Said article is further amended in Code Section 20-2-182, relating to the payment of salaries and benefits reflected in program weights, by striking subsections (b), (c), and (g) and inserting in lieu thereof new subsections (b), (c), and (g) to read as fol lows:
"(b) The program weights for the kindergarten program, the primary grades pro gram, and the remedial education program shall reflect sufficient funds to provide
instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instruc tional aides. Further, the base amount and program weight weights for the upper ele mentary grades (4-5) program and the middle grades (6-8) program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, subject to appropriation by the General Assembly."
"(c) The program weights for the primary, upper elementary, and middle grades pro grams, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education,
subject to appropriation by the General Assembly." "(g) All program weights, when multiplied by the base amount, shall reflect, when
ever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation] provided, however, that such limit shall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20-2-212. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Educa tion pursuant to Code Section 20-2-232. Funds for professional development stipends may not be used for activities occurring during the period of the fiscal year that an employee is under contract. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development sti pends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional devel opment activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232."
Section 5. Said article is further amended by striking Code Section 20-2-186, relating to the salaries of superintendents, visiting teachers, and certain other personnel reflected

FRIDAY, MARCH 9, 1990

2705

in program weights, and inserting in lieu thereof a new Code Section 20-2-186 to read as follows:
"20-2-186. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent, assistant superintend ents, and a visiting teacher as well as the salaries of secretaries and an accountant essen tial for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel and school psychologists and psychomctriats essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school sys tem, subject to appropriation by the General Assembly."
Section 6. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1990.
(b) Section 2 of this Act shall become effective on the earlier of the following dates: (1) The date on which funding is provided for the base amount in the Quality
Basic Education Formula as specified in subsection (a) of Code Section 20-2-161, as amended by this Act; or
(2) July 1, 1992.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Mangum of the 57th moved that the House agree to the Senate substi tute to HB 1756.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken
Y Alford Y Alien
Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Batnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell

Y Carrell Carter
Y Chambless Chance
Y Cheeks Y Childers Y Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis,G Y Davis,M Y Diion.H Y Diion,S Y Dobbs Y Dover
Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W

Y Foster
Y Godbee Y Goodwin Y Green
Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton
Hanner
Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks
Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston YLaneJ)

YLane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton
Y Mangum Y Martin YMcCoy
McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows
Milam
Y Mobley Moody
YMorton
Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
YOrrock
Y Padgett Y Pannell YParham

Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Richardson Ricketson Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Y Smith,T Y Smith.W YSmyre
Snow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens

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JOURNAL OF THE HOUSE,

Y Streat Y Teper
YThomas,C YThomas.M Y Thompson

Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs

Y Vaughan Y Waddle
Y Walker.C Walker.L
Y Wall

Ware Y Watson
Y Watts White
Y Wilder

Y Williams.B Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 156, nays 0. The motion prevailed.

HB 1243. By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the defi nition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have com mitted a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult.

The following Senate substitute was read:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the provisions relating to when a child may be taken into custody; to change the provisions relating to places of detention; to change the provisions relating to delinquent children; to change the provisions relating to disposi tion of a child committing a delinquent act constituting an AIDS transmitting crime; to change the provisions relating to the disposition of an unruly child; to change the provi sions relating to designated felony acts; to change the definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult or sale of or possession with intent to distribute marijuana or any controlled substance in Sched ule I or Schedule II; to provide for discretion of the judge relative to confinement of cer tain juveniles; to provide for time periods; to provide for secure detention; to provide that the alleged commission of a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult in cases where the child has been found at separate court appearances to have committed acts which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult on three or more previous occasions shall give rise to specified proceedings which may result in the case being transferred to superior court for criminal prosecution; to pro vide procedures; to provide for the retransfer of such cases to juvenile court under certain circumstances; to change the provisions relating to limitations on time on orders of dispo sition; to change the provisions relating to modification or vacation of orders; to change the provisions relating to expenses charged to counties; to amend Chapter 2 of Title 49, relating to the Department and Board of Human Resources, so as to designate the present provisions of said chapter as Article 1 of said chapter and to enact Article 2 of said chap ter; to provide additional duties for the Board of Human Resources; to create the Depart ment of Youth Services; to create the position of commissioner of youth services; to provide for definitions; to provide for the transfer of facilities and employees; to provide for rules and regulations and requirements in connection therewith; to provide for the authority of the Department of Youth Services; to provide for the commitment of a delin quent or unruly child to the Department of Youth Services and for requirements in con nection therewith; to make provisions for a child who has previously been adjudged to have committed an act which is a felony; to provide requirements relative to escape from

FRIDAY, MARCH 9, 1990

2707

detention centers; to provide for penalties; to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to indemnification of police officers, firemen, and prison guards, so as to make technical corrections; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, the "Children and Youth Act," so as to change certain definitions; to change the provisions relating to devel opment and administration of child welfare and youth services; to delete provisions relat ing to commitment of children and youth to the Department of Human Resources; to change the provisions relating to the powers and duties of the Department of Human Resources; to repeal a provision relating to the commitment of delinquent and unruly chil dren to the Department of Human Resources; to repeal a provision relating to escape from a youth detention center; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraph (5) of subsection (b) of Code Section 15-11-4, relating to the Council of Juvenile Court Judges, in its entirety and sub stituting in lieu thereof a new paragraph (5) to read as follows:
"(5) Promulgate in cooperation with the Department of Human Resources Youth Services or any successor department or agency standard procedures for coordinating state and local probation services throughout the state; and".
Section 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 15-11-17, relating to when a child may be taken into custody, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) Pursuant to an order of the court under this article, including an order to an employee of the Department of Human Resources Youth Services designated in accord ance with paragraph (2) of subsection (i) of Code Section 40-6-10 49-2-37, to apprehend a child who has escaped from an institution or facility operated by the department Department of Youth Services or a child who has been placed under supervision and who has broken the conditions thereof;".
Section 3. Said chapter is further amended by striking subsection (g) of Code Sec tion 15-11-20, relating to places of detention, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:
"(g) All facilities that detain juveniles for pretrial detention shall maintain the fol lowing data on each child detained:
(1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense(s) for which being detained; (6) Date of and authority for confinement; (7) Date of and authority for release or transfer; and (8) Where transferred or to whom released. Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juve nile court jurisdiction, by the Department of Human Resources, by the Department of Youth Services, and by the Georgia Council of Juvenile Court Judges."
Section 4. Said chapter is further amended by striking paragraphs (4) and (5) of sub section (a) of Code Section 15-11-35, relating to the disposition of a delinquent child, in its entirety and substituting in lieu thereof new paragraphs (4) and (5) to read as follows:
"(4) An order committing the child to the Department of Human Resources Youth Services; or
(5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment

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to the Division Department of Youth Services. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Division Department of Youth Services. In the event that the child changes his place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the director ef the Division ef Youth Services commissioner of youth ser vices certifies that a restitution program is available at such facility. Payment of funds under this paragraph shall be made by the child or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order."
Section 5. Said chapter is further amended by striking Code Section 15-11-35.1, relating to the disposition of a child committing a delinquent act constituting an AIDS transmitting crime, in its entirety and substituting in lieu thereof a new Code Section 15-11-35.1 to read as follows:
"15-11-35.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Human Resources Youth Services a copy of such order within three days following the issuance thereof.
(c) The Department of Human Resources Youth Services, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.
(d) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Human Resources Youth Services, which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Human Resources Youth Services believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of the Department ef- Human Resources youth services reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
Section 6. Said chapter is further amended by striking Code Section 15-11-36, relat ing to the disposition of an unruly child, in its entirety and substituting in lieu thereof a new Code Section 15-11-36 to read as follows:
"15-11-36. If the child is found to be unruly, the court may make any disposition authorized for a delinquent child except that, if commitment to the Department of Human Resources Youth Services is ordered, the court shall first find that the child is not amenable to treatment or rehabilitation pursuant to paragraph (1), (2), or (3) of Code Section 15-11-35."

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Section 7. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 15-11-37, relating to designated felony acts, in its entirety and substi tuting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'A carefully arranged and monitored home visit" means a home visit during which a youth is monitored by appropriate personnel of the Division Department of Youth Services designated pursuant to regulations of the director of the division."
Section 8. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age;
(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;
(D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent at separate court appearances for an act which, if done by an adult, would have been the crime of burglary; er
(E) Trafficking in cocaine, illegal drugs, or marijuana in violation of Code Section 16-13-31;
(F) Sale of or possession with intent to distribute marijuana or any controlled sub stance in Schedule I or Schedule II by a juvenile 13 or more years of age; or
{E} (G) Any other act which, if done by an adult, would be a felony, if the juve nile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies."
Section 9. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the juvenile is found to have committed a desig nated felony act in which: (1) the juvenile inflicted serious physical injury upon another person who is 62 years of age or more; or (2) the juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult; or (3) the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult and has previously been found to be delinquent because of commission of an act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult."
Section 10. Said chapter is further amended by striking subsections (e) and (g) of Code Section 15-11-37, relating to designated felony acts, in their entirety and substituting in lieu thereof new subsections (e) and (g), respectively, to read as follows:
"(e) When the order is for restrictive custody in the case of a youth found to have committed a designated felony act:
(1) The order shall provide that: (A) The juvenile shall be placed in the custody of the Division Department of
Youth Services for an initial period of five years; (B) The juvenile shall initially be confined in a youth development center for a
period set by the order, to be not less than 12 nor more than 18 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the

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period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the juvenile shall ini tially be confined in a youth development center for 18 months; and provided, fur ther, that if a juvenile has been found to have committed the designated felony act of sale of or possession with intent to distribute marijuana or any controlled sub stance in Schedule I or Schedule II, the judge shall have the discretion either to order the juvenile to be confined in a youth development center or in a state oper ated drug treatment program which is certified as secure for a period set by the order but not less than 12 months nor more than 18 months; but upon petition to the committing juvenile court by the drug treatment program, the judge may con sider reduction of the length of secure detention previously ordered by the court;
(C) After the period set under subparagraph (B) of this paragraph, the juvenile shall be placed under intensive supervision for a period of 12 months; and
(D) The juvenile may not be released from a youth development center or trans ferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the juvenile be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless authorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a youth is confined in a youth development center, whether such confinement is pursuant to a court order or oth erwise; (2) During the placement or any extension thereof:
(A) After the expiration of the period provided in subparagraph (C) of para graph (1) of this subsection, the juvenile shall not be released from intensive super vision without the written approval of the director ef the Division ef Youth Services commissioner of youth services or his designated deputy;
(B) While in a youth development center, the juvenile may be permitted to par ticipate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confine ment in the youth development center. After the first six months of confinement in a youth development center, a juvenile may be eligible to participate in youth development center sponsored programs including community work programs; and
under tnc IJivision ot rvcri&u111181ion cervices snd Uivision of JVleirtfti H.e8ltn, JVLerrtfti Retardation, and Substance Abuse, ad under the general supervision of a youth development center staff at special planned activities outside of the youth develop ment center and in cooperation and coordination with the Department of Human Resources, the juvenile may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services and Divi sion of Mental Health, Mental Retardation, and Substance Abuse;
(C) The juvenile shall not be discharged from the custody of the division Department of Youth Services unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and
(D) Unless otherwise specified in the order, the division Department of Youth Services shall report in writing to the court not less than once every six months dur ing the placement on the status, adjustment, and progress of the juvenile; and (3) Upon the expiration of the initial period of placement in a youth development center, or any extension thereof, the placement may be extended on motion by the division Department of Youth Services, after a dispositional hearing, for an additional period of 12 months, provided that no initial placement or extension of custody under this Code section may continue beyond the juvenile's twenty-first birthday." "(g) The division Department of Youth Services shall retain the power to continue the confinement of the youth in a youth development center or other program beyond the periods specified by the court within the term of the order."

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Section 11. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-11-39.1, relating to the commission of a designated felony act by a child 15 years of age or older, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary if done by an adult on three or more previous occasions or if the desig nated felony act alleged to have been committed would have constituted the crime of trafficking in cocaine, dangerous drugs, or marijuana if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of trafficking in cocaine, dangerous drugs, or marijuana if done by an adult on three or more previous occasions."
Section 12. Said chapter is further amended by striking subsection (b) of Code Sec tion 15-11-41, relating to limitations on time on orders of disposition, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Division Department of Youth Services continues in force for two years or until the child is sooner discharged by the Division Department of Youth Services. The court which made the order may extend its duration for an addi tional two years subject to like discharge, if:
(1) A hearing is held upon motion of the Division Department of Youth Services prior to the expiration of the order;
(2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other cus todian; and
(3) The court finds that the extension is necessary for the treatment or rehabilita tion of the child."
Section 13. Said chapter is further amended by striking subsection (b) of Code Sec tion 15-11-42, relating to modification or vacation of orders, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Division Department of Youth Services, after the child has been transferred to the physical custody of the Division of Youth Services, or an order of dismissal. An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed."
Section 14. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 15-11-56, relating to expenses charged to counties, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) The cost of care and support of a child committed by the court to the legal cus tody of an individual or a public or private agency other than the Department of Human Resources Youth Services, but the court may order supplemental payments, if such are necessary or desirable;".
Section 15. Chapter 2 of Title 49, relating to the Department and Board of Human Resources, is amended by designating the present provisions of said chapter consisting of Code Sections 49-2-1 through 49-2-15 as Article 1 of said chapter and by adding at the end of said chapter a new Article 2 to read as follows:
"ARTICLE 2
49-2-30. In addition to any other powers of the board provided for in this title or any other law, the Board of Human Resources shall establish the general policy of the Department of Youth Services provided for in this article.

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49-2-31. There is created the Department of Youth Services and the position of com missioner of youth services. The commissioner shall be the chief administrative officer of the Department of Youth Services and shall be both appointed and removed by the Board of Human Resources, subject to the approval of the Governor. The commissioner of human resources may not also serve as the commissioner of youth services. Subject to the general policy and rules and regulations of the board, the commissioner of youth services shall supervise, direct, account for, organize, plan, administer, and execute the functions of the Department of Youth Services.
49-2-32. As used in this article, the term: (1) 'Commissioner' means the commissioner of youth services. (2) 'Delinquent or unruly child or youth' means any person so adjudged under
Chapter 11 of Title 15. (3) 'Department' means the Department of Youth Services.
49-2-33. It is the purpose of this article to transfer juvenile detention facilities from the Department of Human Resources to the Department of Youth Services and to estab lish the department as the agency to administer, supervise, and manage such juvenile detention facilities in the place of and as the successor agency to the Division of Youth Services of the Department of Human Resources. Except for the purposes of administra tion, supervision, and management as provided in this article, juvenile detention facili ties shall continue to be detention care facilities for delinquent and unruly children and youth for the purposes of Chapter 11 of Title 15, relating to juvenile courts and juvenile proceedings.
49-2-34. (a) Effective on July 1, 1991, the department shall carry out all functions and exercise all powers of the Division of Youth Services of the Department of Human Resources relating to the administration, supervision, and management of juvenile detention facilities, including youth development centers, and on that date, jurisdiction over said youth development centers and other juvenile detention facilities is transferred to the department.
(b) All persons employed by the Department of Human Resources, who are working at and for youth development centers and other juvenile detention facilities on June 30, 1991, shall, on July 1, 1991, become employees of the department. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 1991, but consistent with the compensation and benefits of other employees of the department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Retire ment rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on July 1, 1991, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1991. Accrued annual and sick leave possessed by said employees on June 30, 1991, shall be retained by said employees as employees of the department.
49-2-35. (a) The board shall adopt rules and regulations for the government, opera tion, administration, and maintenance of youth development centers and other juvenile detention facilities by the department and may also adopt such other rules and regula tions for the government and operation of the department as the board may deem neces sary consistent with the provisions of this article.
(b) Rules and regulations adopted by the board under subsection (a) of this Code section shall recognize that a primary purpose of youth development centers and other juvenile detention facilities is to carry out rehabilitative programs to the end that chil dren and youth housed in said centers shall develop their self-respect and self-reliance and acquire the necessary knowledge and skills to become good citizens who are quali fied for honorable employment.
49-2-36. (a) The department shall be authorized to: (1) Accept for detention in a youth development center or other juvenile detention
facility any child who is committed to the department under Chapter 11 of Title 15; and
(2) Provide probation and parole and other court services for children and youth
pursuant to a request from a court under Chapter 11 of Title 15.

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(b) When given legal custody over a child or youth for detention in a youth develop ment center or other facility under court order under Chapter 11 of Title 15, the depart ment shall have:
(1) The right of physical possession of the child or youth; (2) The right and duty to protect, train, and discipline the child or youth; (3) The responsibility to provide the child or youth with food, clothing, shelter, and education; (4) The right to determine in which facility the child or youth shall live; and
(5) The right and duty to provide or obtain for a child or youth medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians.
49-2-37. (a) When any child or youth is adjudged to be in a state of delinquency or unruliness under Chapter 11 of Title 15 and the court does not release such child or youth unconditionally or place him or her on probation or in a suitable public or pri vate institution or agency, the court may commit him to the department as provided in said Chapter 11 of Title 15; provided, however, that no delinquent or unruly child or youth shall be committed to the department until the department certifies to the Gover nor that it has facilities available and personnel ready to assume responsibility for delin quent or unruly children and youths.
(b) When the court commits a delinquent or unruly child to the department, it may order him conveyed forthwith to a youth development center or to another place of detention approved or established or designated by the department or direct that he be left at liberty until otherwise ordered by the department under such conditions as will ensure his availability and submission to any orders of the department. The court shall assign an officer or other suitable person to convey such delinquent or unruly child to any facility designated by the department, provided that the person assigned to convey a girl must be a female. The cost of conveying such child committed to the department to the facility designated by the department shall be paid by the county from which such child is committed, provided that no compensation shall be allowed beyond the actual and necessary expenses of the party conveying and the child conveyed.
(c) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department a certified copy of the order of commitment and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all perti nent information in their possession with respect to the case. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department.
(d) (1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and study the child and investigate all pertinent circumstances of his life and behavior. The department shall make periodic reexaminations of all delinquent or unruly children within its control, except those on release under supervision of the department. Such reexaminations may be made as frequently as the department con siders desirable and shall be made with respect to every child at intervals not exceed ing one year. Failure of the department to examine a delinquent or unruly child committed to it or to reexamine him within one year of a previous examination shall not of itself entitle the child to discharge from control of the department but shall entitle the child to petition the committing court for an order of discharge; and the court shall discharge him unless the department, upon due notice, satisfies the court of the necessity of further control.
(2) The department shall keep written records of all examinations and reexamina tions, of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the department with respect to a delinquent or unruly child com mitted to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in

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regard to disseminating juvenile criminal history records only to those persons having a legitimate interest therein; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the pur poses of obtaining statistics on juveniles. (e) When a delinquent or unruly child has been committed to the department for detention and a diagnostic study for the purpose of determining the most satisfactory plan for his care and treatment has been completed, the department may:
(1) Permit him his liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior;
(2) Order his confinement under such conditions as the department may believe best designed to serve his welfare and as may be in the best interest of the public;
(3) Order reconfinement or renewed release as often as conditions indicate to be desirable;
(4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or
(5) Discharge him from control of the department when it is satisfied that such discharge will best serve his welfare and the protection of the public. (f) As a means of correcting the socially harmful tendencies of a delinquent or unruly child committed to it, the department may:
(1) Require participation by him in moral, academic, vocational, physical, and cor rectional training and activities;
(2) Require such modes of life and conduct as may seem best adapted to fit and equip him for return to full liberty without danger to the public;
(3) Provide such medical, psychiatric, or casework treatment as is necessary; or (4) Place him, if physically fit, in a park, maintenance camp, or forestry camp or on a ranch owned by the state or by the United States and require any child so housed to perform suitable conservation and maintenance work, provided that the children shall not be exploited and that the dominant purpose of such activities shall be to benefit and rehabilitate the children rather than to make the camps self-sustain ing.
(g) When funds are available, the department may:
(1) Establish and operate places for detention and diagnosis of all delinquent or unruly children committed to it;
(2) Establish and operate additional treatment and training facilities, including parks, forestry camps, maintenance camps, ranches, and group residences necessary to classify and handle juvenile delinquents of different ages and habits and different mental and physical conditions, according to their needs; and
(3) Establish parole or aftercare supervision to aid children given conditional release to find homes and employment and otherwise to assist them to become rees tablished in the community and to lead socially acceptable lives.
(h) Whenever the department finds that any delinquent or unruly child committed to the department is mentally ill or mentally retarded, the department shall have the power to return such delinquent or unruly child to the court of original jurisdiction for appropriate disposition by that court or may, if it so desires, request the court having jurisdiction in the county in which the youth development center or other facility is located to take such action as the condition of the child may require.
(i) (1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the written request men tioned above must be reviewed by the commissioner or his designee. If the commis sioner or his designee finds that probable cause exists to believe that the child has

FRIDAY, MARCH 9, 1990

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violated his conditions of supervision, he may issue an order directing that the child be picked up and returned to custody.
(2) The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, how ever, that employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate and apprehend such children and to arrest any person physically interfering with the proper apprehension of such children. Such employee shall be authorized to carry weapons, upon written approval of the commis sioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. Any employee designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter.
(3) For the purposes of investigation of delinquent or unruly children who have escaped from institutions or facilities of the department or of delinquent or unruly children who are alleged to have broken the conditions of supervision, the department is empowered and authorized to request and receive from the Georgia Crime Informa tion Center, established by Chapter 3 of Title 35, any information in the files of the Georgia Crime Information Center which will aid in the apprehension of such children.
(4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision, or a child may be taken into custody pursuant to Code Section 15-11-17. When taking a child into custody pursuant to this paragraph, a designated employee of the depart ment shall have the power to use all force reasonably necessary to take the child into custody.
(5) The child shall be kept in custody in a suitable place designated by the depart ment and there detained until such child may be returned to the custody of the department.
(6) Such taking into custody shall not be termed an arrest; provided, however, that any person taking a child into custody pursuant to this subsection shall have the same immunity from civil and criminal liability as a peace officer making an arrest pursuant to a valid warrant.
(j) The department shall ensure that each delinquent or unruly child it releases under supervision or otherwise has suitable clothing, transportation to his home or to the county in which a suitable home or employment has been found for him, and such an amount of money as the rules and regulations of the board may authorize. The expenditure for clothing and for transportation and the payment of money to a delin quent or unruly child released may be made from funds for support and maintenance appropriated by the General Assembly to the department or to the institution from which such child is released or from local funds.
(k) Every child committed to the department as delinquent or unruly, if not already discharged, shall be discharged from custody of the department when he reaches his twenty-first birthday.
(1) Commitment of a delinquent or unruly child to the custody of the department shall not operate to disqualify such child in any future examination, appointment, or application for public service under the government either of the state or of any political subdivision thereof.
(m) A commitment to the department shall not be received in evidence or used in any way in any proceedings in any court, except in subsequent proceedings for delin quency or unruliness involving the same child and except in imposing sentence in any criminal proceeding against the same person.
(n) The department shall conduct a continuing inquiry into the effectiveness of treatment methods it employs in seeking the rehabilitation of maladjusted children. To this end, the department shall maintain a statistical record of arrests and commitments

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of its wards subsequent to their discharge from the jurisdiction and control of the department and shall tabulate, analyze, and publish annually these data so that they may be used to evaluate the relative merits of methods of treatment. The department shall cooperate with courts and public and private agencies in the collection of statistics and information regarding juvenile delinquency; arrests made; complaints, informations, and petitions filed; the disposition made thereof; and other information useful in deter mining the amount and causes of juvenile delinquency in this state. In order to facilitate the collection of such information, the department shall be authorized to inspect and copy all records of the court and law enforcement agencies pertaining to juveniles.
(o) All juvenile detention facilities operated by counties which on July 1, 1981, were transferred to the control and jurisdiction of the Department of Human Resources, Divi sion of Youth Services, shall on July 1, 1991, be transferred to and operated as facilities of the department. However, this subsection shall not become effective unless those counties which maintain their own juvenile detention facilities, including Fulton, Chatham, and DeKalb counties, transfer and deed to the state the real and personal property which comprises the offices, facilities, and equipment of such detention facili ties if such property is desired by the state.
(p) When a child who is committed to the department is under court order to make certain restitution as a part of his treatment by the court, the requirement that the res titution be paid in full shall not cease with the order of commitment. The provision of the order requiring restitution shall remain in force and effect during the period of com mitment and the department is empowered to enforce said restitution requirement and to direct that payment of funds or notification of service completed be made to the clerk of the juvenile court or another employee of that court designated by the judge.
49-2-38. (a) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occa sion, is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the department as otherwise provided by law or be com mitted as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by confinement for life shall only be sentenced into the custody of the Department of Corrections.
(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the department for detention in any of its institutions under the terms of this article during the period of one year from the date of commitment shall be had only with the concurrence and rec ommendation of the commissioner or his designated representative.
(c) After the expiration of one year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confine ment or release of the child back to the committing court for further disposition as the court deems proper.
(d) In the event adequate facilities are not available, the department shall have the right to transfer youths committed to the department under this Code section to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections.
(e) Any child under 17 years of age who is sentenced in the superior court and com mitted to the division may be eligible to participate in all youth development center pro grams and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Rehabilita tion Services and the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources, and under the general supervision of

FRIDAY, MARCH 9, 1990

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youth development center staff at special planned activities outside of the youth devel opment center. When such a child sentenced in the superior court is approaching his seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information con cerning the participation and progress of the child in programs described in this subsec tion. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law.
49-2-39. Whenever any child shall escape from any youth detention center, the department shall file a petition in the court having jurisdiction and, upon conviction, he or she shall be committed for an additional 12 months in a youth detention center under the jurisdiction of the department or to another institution under the Department of Corrections.
49-2-40. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody shall be guilty of a misdemeanor.
(b) Any person who shall knowingly harbor, shelter, entertain, or encourage any child or youth who has escaped the lawful custody or control of the department shall be guilty of a misdemeanor.
(c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a misdemeanor."
Section 16. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to indemnification of law enforcement officers, firemen, and prison guards, is amended by striking paragraph (5) of said Code section in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources youth services of the Department of Youth Services pursuant to para graph (2) of subsection (i) of Code Section 40-6-10 49-2-37, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources Youth Ser vices or who have broken the conditions of supervision."
Section 17. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, the "Children and Youth Act," is amended by striking paragraphs (5) and (6) of Code Section 49-5-3, relating to definitions, in their entirety and substituting in lieu thereof new paragraphs (5) and (6) to read as follows:
"(5) 'Delinquent Deprived child or youth' means any person so adjudged under Chapter 11 of Title 15.
(6) 'Detention' er 'detention care' means temporary eare t a facility affording secure custody Reserved."
Section 18. Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 49-5-7, relating to development and administration of child welfare and youth services, which reads as follows:
"(5) For the acceptance and detention of any child under 17 years of age who is com mitted under Chapter 11 of Title 15; provided, however:
(A) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion,

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JOURNAL OF THE HOUSE,

is convicted of a felony in a superior court may, in the discretion of the court, be sen tenced into the custody of the Department of Corrections as otherwise provided by law or be committed as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by con finement for life shall only be sentenced into the custody of the Department of Cor rections.
(B) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other cus todial agency shall deprive the court of jurisdiction to change the form of the commit ment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the Department of Human Resources for detention in any of its institutions under the terms of this article during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner of human resources or his designated representative.
(C) After the expiration of one year from the date of commitment, the committing court shall review the case and make such order with respect to the continued confine ment or release of the child back to the committing court for further disposition as the court deems proper.
(D) In the event adequate facilities are not available, the Department of Human Resources shall have the right to transfer youths committed to the Department of Human Resources under this Code section to the Department of Corrections for incar ceration in an appropriate facility designated by the Department of Corrections.
(E) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center programs and services including community work programs, sheltered work shops, special state sponsored programs for evaluation and services under the Division of Rehabilitation Services and the Division of Mental Health, Mental Retardation, and Substance Abuse, and under the general supervision of youth development center staff at special planned activities outside of the youth development center. When such a child sentenced in the superior court is approaching his seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs provided by the department. The court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law.", in its entirety and substituting in lieu thereof the following: "(5) Reserved."
Section 19. Said article is further amended by striking paragraphs (3) and (5) of subsection (a) of Code Section 49-5-8, relating to powers and duties of the Department of Human Resources, and substituting in lieu thereof new paragraphs (3) and (5), respec tively, to read as follows:
"(3) Services to courts, upon their request, as follows: (A) Accepting for casework services and care all children and youths whose legal
custody is vested in the department by the court; (B) Providing shelter or detention custodial care for children prior to examination
and study or pending court hearing; (C) Making social studies and reports to the court with respect to children and
youths as to whom petitions have been filed; and (B)--Following a adjudication fey the court or discharge from a institution, propFODd11on services, protective supervision, of fliter-csre ^psroiG/ supervision to

FRIDAY, MARCH 9, 1990

2719

spcciiic cntiQFC'fi ni(l youtfisj 811(1 reporting thereon to trie court ftfr sucn times 3nd iw such manner as the court shall direct; and
{fi) (D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39;" "(5) State institutional facilities, including the existing institutions, te wife the Train ing ocnools lor Boys and ijirls located at Adamsvillc, JVlillcdgcvilic, and Augusta, (jeorgj7 and additional facilities Facilities designed to afford specialized and diversified programs, such as open institutions, closed institutions, forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of differ ent ages and different emotional, mental, and physical conditions;".
Section 20. Said article is further amended by repealing Code Section 49-5-10, relat ing to the commitment of delinquent and unruly children to the department, in its entirety and substituting in lieu of said repealed Code section the following:
"49-5-10. Reserved."
Section 21. Said article is further amended by repealing Code Section 49-5-11, relat ing to the escape from a youth detention center, in its entirety and substituting in lieu of said repealed Code section the following:
"49-5-11. Reserved."
Section 22. This Act shall become effective on July 1, 1991.
Section 23. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House disagree to the Senate sub stitute to HB 1243.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1350.

By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Anno tated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.

Representative Randall of the 101st moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1350 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Martin of the 26th, Bostick of the 138th and Randall of the 101st.

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JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1578.

By Representatives Martin of the 26th and Lupton of the 25th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning ad valorem tax ation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of landmark historic property under certain circumstances; to change the provisions relating to the assess ment of tangible property.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the definition of the term "fair market value"; to provide for the fair market value of landmark historic property under certain circumstances; to change the provisions relating to the assessment of tangible property; to provide for the preferential classification and assessment of landmark historic property; to define the term "landmark historic property"; to provide exceptions; to provide for appli cations for preferential classification and assessment of landmark historic property; to pro vide for application fees; to provide procedures; to provide for determinations by the Department of Natural Resources and local governing authorities; to provide that the assessed value of certain property shall not be increased during certain periods of time; to require certain duties to be performed by the county board of tax assessors; to provide which property qualifies as landmark historic property; to provide for the payment of cer tain taxes; to provide for certain appeal hearings and court review; to provide the effective date of preferential assessment of landmark historic property; to provide for the classifica tion of landmark historic property on tax digests; to provide for the disqualification of property for preferential classification and assessment as landmark historic property; to prohibit simultaneous eligibility for more than one preferential classification and assess ment; to provide that certain taxes and interest shall constitute a prior lien; to provide that members and alternate members of county boards of equalization shall be appointed for three-year terms; to provide that one such member and one such alternate member shall be appointed each year; to provide for other matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding at the end of paragraph (1) of Code Section 48-5-2, relating to definitions applicable to said Chapter 5, a new subparagraph to be designated subparagraph (D), to read as follows:
"(D) Fair market value of 'landmark historic property' as such term is defined in subsection (a) of Code Section 48-5-7.3 means:
(i) For the first eight years in which the property is classified as 'landmark his toric property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3;
(ii) For the ninth year in which the property is classified as 'landmark historic property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph."

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Section 2. Said chapter is further amended by adding a new subsection immedi ately following subsection (c) of Code Section 48-5-7, relating to assessment of tangible property, to be designated subsection (c.l), to read as follows:
"(c.l) Tangible real property which qualifies as landmark historic property pursuant to the provisions of Code Section 48-5-7.3 shall be assessed at 40 percent of its fair mar ket value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's fair market value. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of landmark historic prop erty pursuant to the provisions of subparagraph (D) of paragraph (1) of Code Section 48-5-2."

Section 3. Said chapter is further amended by adding a new Code section describ ing the preferential assessment for certified landmark historic property immediately fol lowing Code Section 48-5-7.2, to be designated Code Section 48-5-7.3, to read as follows:
"48-5-7.3. (a) (1) For the purposes of this Code section, 'landmark historic prop erty' means tangible income-producing real property which:
(A) Has been listed on the National Register of Historic Places or on the Geor gia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12 and has been so certified by the Department of Natural Resources; and
(B) Has been certified by a local government as landmark historic property hav ing exceptional architectural, historic, or cultural significance pursuant to a compre hensive local historic preservation or landmark ordinance which is of general application within such locality and has been approved as such by the state historic preservation officer.
(2) The preferential classification and assessment of landmark historic property provided for in this Code section shall apply to the building or structure which is listed on the National Register of Historic Places or on the Georgia Register of His toric Places, the real property on which the building or structure is located, and not more than two acres of real property surrounding the building or structure. The remaining property shall be assessed for tax purposes as otherwise provided by law.
(3) Property may qualify as landmark historic property and be eligible to receive the preferential assessment provided for in this Code section only if the local govern ing authority has adopted an ordinance authorizing such preferential assessments for landmark historic property under this Code section.
(b) In order for property to qualify under this Code section for preferential assess ment as provided for in subsection (c.l) of Code Section 48-5-7, the property must receive the certifications required for landmark historic property as defined in paragraph (1) of subsection (a) of this Code section.
(c) Upon receipt of said certifications, a property owner desiring classification of any such historic property as landmark historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said certifications with such application. The county board of tax assessors shall determine if the provisions of this Code section have been complied with and upon such determina tion, the county board of tax assessors shall be required to grant preferential assessment to such property. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(d) (1) Property which has been classified by the county board of tax assessors as landmark historic property shall be immediately eligible for the preferential assess ment provided for in subsection (c.l) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.

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(2) Property which is subject to preferential assessment shall be separately classi fied from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to preferential assessment.
(3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of landmark historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsec tion (c) of this Code section. Property classified as landmark historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation 'landmark historic property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (D) of paragraph (1) of Code Section 48-5-2. (e) (1) When property has once been classified and assessed as landmark historic property, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following:
(A) Written notice by the taxpayer to the county tax commissioner or receiver to remove the preferential classification and assessment;
(B) Sale or transfer of ownership making the property exempt from property taxation;
(C) Decertification of such property by the Department of Natural Resources. The Department of Natural Resources has the authority to decertify any property which no longer possesses the qualities and features which made it eligible for the Georgia Register of Historic Places or which has been altered through inappropriate rehabilitation as determined by the Department of Natural Resources. The sale or transfer to a new owner shall not operate to disqualify the property from preferen tial classification and assessment so long as the property continues to qualify as landmark historic property, except as specified in subparagraph (B) of this para graph. When for any reason the property or any portion thereof ceases to qualify as landmark historic property, the owner at the time of change shall notify the Department of Natural Resources and the county board of tax assessors prior to the next January;
(D) Decertification of such property by the local governing authority for failure to maintain such property in a standard condition as specified in the local historic preservation or landmark ordinance or in local building codes; or
(E) The expiration of nine years during which the property was classified and assessed as landmark historic property; provided, however, that any such property may qualify thereafter as landmark historic property if such property is subject to subsequent rehabilitation and qualifies under other portions of the historic proper ties tax incentive program contained within the provisions of this Code section.
(2) Except as otherwise provided in this Code section, if a property becomes dis qualified pursuant to any provision of this subsection, the decertification shall be transmitted to the county board of tax assessors and said assessors shall appropriately notate the property as decertified. Such property shall not be eligible to receive the preferential assessment provided for in this Code section during the taxable year in which such disqualification occurs.
(f) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this subsection shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hear ing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the Department of Natural Resources, shall have the right of

FRIDAY, MARCH 9, 1990

2723

judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.'
(g) No property shall be eligible to receive simultaneously more than one of the pref erential assessments provided for in this Code section and Code Section 48-5-7.2.
(h) Any landmark historic property which lies within a locally designated landmark or historic preservation district which is predominantly a residential district as deter mined by the local governing authority shall not be eligible for the preferential assess ment provided for in this subsection if such landmark historic property constitutes a nonconforming use pursuant to applicable local zoning ordinances or if such landmark historic property does not contribute to the architectural, historic, or cultural values for which said district is significant.
(i) (1) The difference between the preferential assessment granted by this Code sec tion and the taxes which would otherwise be assessed and interest thereon shall con stitute a prior lien and shall attach as of the date and in the same manner and shall be collected as are other liens for taxes, as provided for under this title, but shall only be due, payable, and delinquent as provided in this Code section.
(2) Such liens for taxes, except for any lien covering the then current tax year, shall not be divested by an award for year's support authorized pursuant to Chapter 5 of Title 53."
Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 48-5-311, relating to the creation, appointment, and duties of county boards of equalization, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) Except as provided in paragraph (2) of this subsection, Each each member and alternate member of the county board of equalization shall be appointed for a term of two three calendar years next succeeding the date of his selection. Each term shall begin on January 1.
(2) The grand jury in each county at any term of court preceding November 1 of each odd-numbered year 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one mem ber and one alternate for three-year terms.
(3) If a vacancy occurs on the county board of equalization, the individual desig nated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise quali fied to serve as an alternate member of the county board of equalization for the unex pired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately.
{3} (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or his deputy a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or his deputy shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15.
{4} (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and

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before entering on the discharge of his duties, shall take and subscribe before the clerk of the superior court the following oath:
'You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of ___________________, in accordance with the Constitution and laws of this state, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equali zation with the law and duties relating to his office."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Martin of the 26th moved that the House agree to the Senate substi tute to HB 1578.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken
Y Alford Y Alien Y Athon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck
Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Y Campbell Y Carrell
Carter Chambless Chance Y Cheeks

Y Childers
Y Clark,B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell
Couch Y Crawford
Crosby Y Cummings.B
Cummings,M
Y Davis,C Y Davis,G Y Davis,M Y Diion,H Y Dixon,S YDobbs Y Dover YDunn
Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W
Y Foster YGodbee YGoodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty
Y Heard Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson
Y Jackson.J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence YLawson
Lee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C
Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett YPannell YParham Y Parrish Y Patten
Pettit Y Pinkston
Poag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Richardson Y Ricketson Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens YStreat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond YTitiM
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L YWall
Ware Y Watson
Y Watts White
Y Wilder Y Williams,B
WiUiamsJ Y Yates
Y Yeargin Murphy,Spkr

On the motion, the ayes were 149, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

FRIDAY, MARCH 9, 1990

2725

HB 1498.

By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section.

Representative Thomas of the 69th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1498 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juve nile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.

Representative Richardson of the 52nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1617 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Richardson of the 52nd, Lawson of the 9th and Groover of the 99th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registra tion and election.

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Representative Simpson of the 70th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1204 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Simpson of the 70th, Orrock of the 30th and Randall of the 101st.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 842. By Representative Parham of the 105th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Anno tated, relating to disclosure of AIDS confidential information, so as to pro vide for the disclosure of AIDS confidential information in certain proceedings and procedures regarding mentally ill, mentally retarded, alco holic, or drug dependent persons and in certain guardianship proceedings and procedures and provide for conditions and procedures relating thereto.

The following Senate substitute was read:

A BILL
To amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for disclosure of AIDS confidential information in certain proceedings and procedures regarding mentally ill, men tally retarded, alcoholic, or drug dependent persons and in certain guardianship proceed ings and procedures and provide for conditions and procedures relating thereto; to provide for measures to retain confidentiality; to amend Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to ordering HIV tests, so as to provide additional con ditions under which HIV tests may be ordered and results thereof obtained without com plying with certain requirements; to change certain penalty and statute of limitations provisions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by adding at the end a new subsection to read as follows:
"(bb) AIDS confidential information may be disclosed as a part of any proceeding or procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37, regarding a person who is alleged to be or who is mentally ill, mentally retarded, or alcoholic or drug dependent, or as a part of any proceeding or procedure authorized or required pur suant to Title 29, regarding the guardianship of a person or that person's estate, as fol lows:
(1) Any person who files or transmits a petition or other document which discloses AIDS confidential information in connection with any such proceeding or procedure shall provide a cover page which contains only the type of proceeding or procedure, the court in which the proceeding or procedure is or will be pending, and the words 'CONFIDENTIAL INFORMATION' without in any way otherwise disclosing thereon the name of any individual or that such petition or other document specifically con tains AIDS confidential information;

FRIDAY, MARCH 9, 1990

2727

(2) AIDS confidential information shall only be disclosed pursuant to this subsec tion after disclosure to and with the written consent of the person identified by that information, or that person's parent or guardian if that person is a minor or has previ ously been adjudicated as being incompetent, or by order of court obtained in accord ance with subparagraph (C) of paragraph (3) of this subsection;
(3) If any person files or transmits a petition or other document in connection with any such proceeding or procedure which discloses AIDS confidential information with out obtaining consent as provided in paragraph (2) of this subsection, the court receiv ing such information shall either obtain written consent as set forth in that paragraph (2) for any further use or disclosure of such information or:
(A) Return such petition or other document to the person who filed or trans mitted same, with directions against further filing or transmittal of such information in connection with such proceeding or procedure except in compliance with this sub section;
(B) Delete or expunge all references to such AIDS confidential information from the particular petition or other document; or
(C) (i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that informa tion. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in connection with which the information is sought, the petitioning court shall appoint an attorney for such person. The petitioning court shall have both that person and that person's attorney person ally served with notice of the petition and time and place of the superior court hearing thereon. Such hearing shall not be held sooner than 72 hours after service, unless the information is to be used in connection with an emergency guardian ship proceeding under Chapter 5 of Title 29, in which event the hearing shall not be held sooner than 48 hours after service.
(ii) The superior court in which a petition is filed pursuant to division (i) of this subparagraph shall hold an in camera hearing on such petition. The purpose of the hearing shall be to determine whether there is clear and convincing evi dence of a compelling need for the AIDS confidential information sought in con nection with the particular proceeding or procedure which cannot be accommodated by other means. In assessing compelling need, the superior court shall weigh the public health, safety, or welfare needs or any other public or pri vate need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this subparagraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; and (4) The court having jurisdiction over such proceeding or procedure, when it becomes apparent that AIDS confidential information will likely be or has been dis closed in connection with such proceeding or procedure, shall take such measures as the court determines appropriate to preserve the confidentiality of the disclosed infor mation to the maximum extent possible. Such measures shall include, without being limited to, closing the proceeding or procedure to the public and sealing all or any part of the records of the proceeding or procedure containing AIDS confidential infor mation. The records of any appeals taken from any such proceeding or procedure shall also be sealed. Furthermore, the court may consult with and obtain the advice of med ical experts or other counsel or advisers as to the relevance and materiality of such information in such proceedings or procedures, so long as the identity of the person identified by such information is not thereby revealed."
Section 2. Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relat ing to ordering HIV tests, is amended by striking subsection (e) thereof and inserting in its place a new subsection to read as follows;

2728

JOURNAL OF THE HOUSE,

"(e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a vio lation of subsection (c) or 2 (d) z or (g) of this Code section. The statute of limitations for any action alleging a violation of this subsection Code section shall be two years from the date of the alleged violation."
Section 3. Said Code section is further amended by adding at the end thereof a new subsection to read as follows:
"(g) Notwithstanding the other provisions of this Code section, when exposure of a health care provider to any body fluids of a patient occurs in such a manner as to create any risk that such provider might become an HIV infected person if the patient were an HIV infected person, according to current infectious disease guidelines of the Centers for Disease Control or according to infectious disease standards of the health care facil ity where the exposure occurred, a health care provider otherwise authorized to order an HIV test shall be authorized to order any HIV test on such patient and obtain the results thereof:
(1) If the patient or the patient's representative, if the patient is a minor, other wise incompetent, or unconscious, does not refuse the test after being notified that the test is to be ordered and after having been provided counseling and an opportunity to refuse the test; or
(2) If the patient or representative refuses the test, following compliance with par agraph (1) of this subsection, when at least one other health care provider who is oth erwise authorized to order an HIV test concurs in writing to the testing, the patient is informed of the results of the test and is provided counseling with regard to those results, and the occurrence of that test is not made a part of the patient's medical records, where the test results are negative, without the patient's consent."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 133rd moved that the House agree to the Senate substitute to HB 842.
On the motion, the roll call was ordered and the vote was as follows:

Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Bainett,B Y Barnett,M
Y Bates YBeck
Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd

Y Campbell
Y Carrell Carter
Y Chambless Chance
Y Cheeks
Y Childers Clark.B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Couch Y Crawford Crosby Y Cummings.B Cummings.M
Y Davis,C Y Davis.G Y Davis,M Y Diion,H Y Dkon,S
Dobbs
Y Dover Dunn Edwards
YEhrhart Y Felton Y Fennel

Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones

Y Kilgore Y Kingston
YLane,D YLane,R Y Langford Y Lawrence Y Lawson
YLee Y Under
YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Oliver.C Y Oliver,M YOrr

Y Orrock
Y Padgett
Y Pannell
YParham
Y Parrish Patten
Y Pettit Y Pinkston YPoag Y Porter
Poston
Y Powell
Randall
Y Ransom
YRay
Y Reaves Redding
Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith.W
Smyre YSnow

FRIDAY, MARCH 9, 1990

2729

YStancil,F YStancil,S Y Stanley
Y Steele Y Stephens Y Streat

Y Teper Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Titus

Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker.C

On the motion, the ayes were 150, nays 0. The motion prevailed.

Y Walker.L Y Wall
Ware
Y Watson Y Watts
White

Y Wilder Y Williams,B
Wffliams,J
Y Yates Y Yeargin
Murphy,Spkr

Representative Waddle of the 113th arose to a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th, Colwell of the 4th, McDonald of the 12th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of con trolled substances or marijuana; to provide for disposition of such real prop erty.

The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the juris diction, powers, duties, authority, and control of the Public Service Commis sion shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the con struction and operation of rapid rail passenger service lines generally.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1990 and ending June 30, 1991.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1314

The Committee of Conference on HB 1314 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1314 be adopted.

2730
FOR THE SENATE: /s/ Terrell A. Starr
Senator, 44th District /s/ Joseph E. Kennedy
Senator, 4th District /s/ Thomas F. Allgood
Senator, 22nd District

JOURNAL OF THE HOUSE,
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES: /s/ Jfuren McDonald, Jr Representative, 12th District /s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $7,785,000,000 for State Fiscal Year 1991.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................!
Personal Services - Staff................................................................$ Personal Services - Elected
Officials.........................................................................................! Regular Operating Expenses .........................................................$ Travel-Staff ...................................................................................$ Travel - Elected Officials...............................................................! Capital Outlay .................................................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts -
Staff...............................................................................................! Per Diem, Fees and Contracts -
Elected Officials...........................................................................! Photography.....................................................................................! Expense Reimbursement Account................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

22,819,458 11,097,233
3,679,257 2,535,415
103,500 3,500 25,000
192,000 375,500 65,100 670,000
245,179
2,684,202 68,000
1,132,800 (57,228) 22,819,458 22,819,458

FRIDAY, MARCH 9, 1990

2731

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

$

4,273,610

$

613,309

$

1.115,789

$

6,002,708

4,273,610 613,309
1,115,789 6,002,708

House Functional Budgets

Total Funds

State Funds

House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total

$

8,608,193

$

450,159

$

1,118,657

$

10,177,009

8,608,193
450,159 1,118,657 10,177,009

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,263,878

$

2,124,344

$

872,403

$

1,379,116

$

6,639,741

2,263,878 2,124,344
872,403 1,379,116 6,639,741

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, con sider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish ings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no

2732

JOURNAL OF THE HOUSE,

such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits............................. Operations Budget:
Personal Services........................................................ Regular Operating Expenses.................................... Travel........................................................................... Motor Vehicle Purchases ..........................................
Equipment................................................................... Per Diem, Fees and Contracts ................................. Real Estate Rentals................................................... Computer Charges...................................................... Telecommunications.................................................. Austerity Factor......................................................... Total Funds Budgeted............................................... State Funds Budgeted...............................................

15,859,738
13,204,140 372,246 800,289 117,000 81,500 32,500 812,014 400,986 91,575 (52,512)
15,859,738 15,859,738

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Superior Court..........................................
Personal Services........................................................ Operating Expenses................................................... Total Funds Budgeted............................................... State Funds Budgeted...............................................

4,654,614 3,295,714 1,358,900 4,654,614 4,654,614

Section 4. Court of Appeals. Budget Unit: Court of Appeals......................................
Personal Services........................................................ Operating Expenses................................................... Total Funds Budgeted............................................... State Funds Budgeted...............................................

5,766,146 4,948,692
817,454 5,766,146 5,766,146

Section 5. Superior Courts. Budget Unit: Superior Courts ........................................
Operation of the Courts ............................................ Prosecuting Attorneys' Council................................ Sentence Review Panel.............................................
Council of Superior Court Judges ...........................................................
Judicial Administrative Districts....................................................................
Habeas Corpus Clerk................................................. Total Funds Budgeted............................................... State Funds Budgeted...............................................

41,812,989 39,015,342
1,649,469 150,842
86,772
895,564 15,000
41,812,989 41,812,989

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts.........................................

787,287

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education.............................
Institute's Operations................................................

596,170 463,140

FRIDAY, MARCH 9, 1990
Georgia Magistrate Courts Training Council..........................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................! Payment to Council for Magistrate Court Judges................................................................................! Payment to Council of Probate Court Judges.............................................................................!..! Payment to Council of State Court Judges................................................................................! Payment to Resource Center.........................................................! Payment to Computerized Information Network..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council......................................................................!
PART III. EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services.........................................! Administration and Services Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Rents and Maintenance Expense .................................................$ Utilities.............................................................................................! Payments to DOAS Fiscal
Administration.............................................................................! Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................! Direct Payments to Georgia Building Authority for Operations....................................................................................! Telephone Billings..........................................................................!

2733
133,030 596,170 596,170
1,869,692 797,973
76,500 36,097
26,000 20,000
12,000
240,000
661,122 1,869,692 1,869,692
124,767
1,001,825
44,874,404
48,014,302 10,738,162
334,800 434,500 2,098,658 9,504,645 3,464,210 1,303,480 476,800 13,044,200 37,900
2,000,000
3,427,500 38,345,900

2734

JOURNAL OF THE HOUSE,

Materials for Resale..................... Public Safety Officers
Indemnity Fund........................ Health Planning Review Board
Operations ................................. Georgia Golf Hall of Fame
Operations................................. Authorities Liability
Reserve Fund............................ Grants to Counties....................... Grants to Municipalities............. Austerity Factor........................... Total Funds Budgeted................. State Funds Budgeted.................

14,600,000
608,800
40,000
25,000
0 2,600,000
4,200,000 (31,431)
155,267,426 44,874,404

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

452,381 6,001,133
17,552,498
14,426,170 3,114,419
698,255
606,022 48,604,978 4,095,311 48,334,191 6,824,156
1,682,060 969,684
1,906,168 155,267,426

452,381 5,969,932
15,552,498
0 3,114,419
0
606,022 13,329,152
0 5,850,000
0 0 0 0 44,874,404

B. Budget Unit: Georgia Building Authority.................
Georgia Building Authority Budget: Personal Services............................ Regular Operating Expenses........ Travel............................................... Motor Vehicle Purchases.............. Equipment....................................... Computer Charges.......................... Real Estate Rentals....................... Telecommunications...................... Per Diem, Fees and Contracts..... Capital Outlay ................................ Utilities ............................................ Contractual Expenses .................... Fuel................................................... Facilities Renovations and Repairs................................. Total Funds Budgeted................... State Funds Budgeted...................

0
21,422,147 5,300,403
26,794 294,000 278,750 52,434 17,357 130,456 146,000 10,200,000 8,166,638 230,422
0
0 46,265,401
0

FRIDAY, MARCH 9, 1990

2735

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

2,089,486

$

5,335,115

$

5,010,434

$

5,535,573

$

363,301

$

5,577,418

$

21,231,608

$

1,122,466

$

0

$

46,265,401

Section 12. Agency for the Removal of Hazardous Materials.
A. Budget Unit: Agency for the Removal of Hazardous Materials..............
Operations Budget: Personal Services.............................................. Regular Operating Expenses.......................... Travel................................................................. Motor Vehicle Purchases................................ Equipment......................................................... Computer Charges............................................ Real Estate Rentals ......................................... Telecommunications ........................................ Per Diem, Fees and Contracts ....................... Capital Outlay .................................................. Utilities .............................................................. Austerity Factor............................................... Total Funds Budgeted..................................... State Funds Budgeted.....................................

115,311
3,483,686 2,829,996
460,800 155,245 199,200
1,000 0
20,000 500,000
0 0 (191) 7,649,736 115,311

Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture ............................... State Operations Budget:
Personal Services.............................................. Regular Operating Expenses.......................... Travel.................................................................
Motor Vehicle Purchases................................ Equipment......................................................... Computer Charges............................................ Real Estate Rentals......................................... Telecommunications........................................ Per Diem, Fees and Contracts....................... Market Bulletin Postage................................. Payments to Athens and Tifton
Veterinary Laboratories.............................. Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro...................................................... Veterinary Fees................................................. Indemnities........................................................ Bee Indemnities................................................
Advertising Contract........................................

36,728,945
31,544,604 3,721,245
930,524 576,608 210,500 520,676 731,153 415,000 256,275 700,000
2,471,549
2,080,793 547,000 91,000 40,000 205,000

2736

JOURNAL OF THE HOUSE,

Payments to Georgia Agrirama Development Authority for Operations .......................................
Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ............
Capital Outlay.................................... Contract - Federation of
Southern Cooperatives................... Tick Control Program....................... Poultry Indemnities........................... Austerity Factor................................. Total Funds Budgeted....................... State Funds Budgeted.......................

596,585
400,000 0
60,000 40,000 50,000 (106,837) 46,081,585 36,728,945

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

5,172,422 7,352,524 2,063,640 3,938,867 4,762,877 1,552,566 3,187,070
6,489,010 4,312,863
4,627,284
423,107 2,199,355 46,081,585

4,823,422 7,043,524 2,018,836 3,938,867 4,695,080 1,552,566 3,171,483
4,910,299 1,637,072 1,007,334
6,062 1,925,400 36,728,945

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

672,915 158,948
4,750 27,000 13,178
0 0 9,248 43,038 312,852 95,000 1,336,929 0

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance .............................................................$ Administration and Examination Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$

6,904,126
5,752,600 264,344 309,368

FRIDAY, MARCH 9, 1990

2737

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

175,581 20,100 116,628 232,000 53,000 2,000 (21,495) 6,904,126 6,904,126

Section 15. Department of Community Affairs. A. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................! Contracts with Regional
Development Commissions ........................................................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................! Music Hall of Fame ........................................................................$ Local Development Fund...............................................................! Payment to Georgia Residential
Finance Authority .......................................................................$ Payment to Georgia Environmental
Facilities Authority for Operations....................................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

17,374,165
6,074,143 283,005 198,900 0 20,560 163,509 482,916 59,750 142,000 50,000
2,625,000 1,558,000
140,322
30,000,000 50,000
1,550,000
5,000,000
477,040 (19,829) 48,855,316 17,374,165

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning
Total

$

1,045,995

$

1,520,571

!

43,377,293

$

1,228,624

!

1,682,833

!

48,855,316

1,018,495 1,341,552 12,277,374 1,188,624 1,548,120 17,374,165

Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation........................... Personal Services............................................... Regular Operating Expenses ........................... Travel ..................................................................

464,280,537 329,233,563 42,472,200
1,962,500

2738

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Court Costs.......................................................................................$ County Subsidy...............................................................................! County Subsidy for Jails................................................................$ County Workcamp Construction
Grants............................................................................................$ Grants for Local Jails.....................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................! Payments to Public Safety
for Meals.......................................................................................! Inmate Release Fund......................................................................! Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification........................................................................! University of Georgia -
Cooperative Extension Service Contracts.........................................................................!
Minor Construction Fund..............................................................! Authority Lease Rentals................................................................! Grants for Independent Probation
Systems.........................................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries....................................................! State Funds Budgeted....................................................................!

4,169,000 11,030,000 2,780,000 3,918,000 3,716,000 2,198,000
670,000 12,340,000
400,000 13,443,000 10,668,000
0 0 825,000
3,552,000
1,376,000
438,000 1,200,000 20,543,300
50,000
325,000 5,000,000
200,000
0 (724,026) 471,785,537
450,000 0
464,280,537

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

53,496,588 336,395,693 81,893,256 471,785,537

52,998,588 336,048,693 75,233,256 464,280,537

B. Budget Unit: Board of Pardons and Paroles ..........................
Board of Pardons and Paroles Budget: Personal Services................................. Regular Operating Expenses............. Travel..................................................... Motor Vehicle Purchases ................... Equipment............................................. Computer Charges................................ Real Estate Rentals............................ Telecommunications............................ Per Diem, Fees and Contracts...........

37,551,063
28,557,061 1,142,000 966,000 332,500 409,000 639,000 1,995,000 1,087,000 1,285,000

FRIDAY, MARCH 9, 1990

2739

County Jail Subsidy........................................................................! Health Services Purchases .............................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,133,000 100,000 (94,498)
37,551,063 37,551,063

Section 17. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Grants to Locals - Emergency
Management Assistance .............................................................$ Grants - Others................................................................................! Civil Air Patrol Contract ...............................................................$ Capital Outlay.................................................................................! Repairs and Renovations ...............................................................$ Disaster Relief Payments...............................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

6,850,993
8,949,445 4,496,168
79,182 31,775 56,500 32,125 6,260 154,922 209,835
1,044,200 51,000 42,000 0 100,000
5,200,000 (14,332)
20,439,080 6,850,993

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Total

!

1,462,950

$

8,590,060

$

3,945,241

$

6,440,829

!

20,439,080

$

1,378,639

!

2,375,998

$

562,593

$

2,533,763

$

6,850,993

Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education...........................................................!
Operations: Personal Services............................................................................-! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities............................................................................................-! Capital Outlay.................................................................................!
QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................!

2,820,573,780
43,792,987 5,063,048 1,357,669
94,000 570,070 5,358,408 2,270,533 1,522,540 20,579,467 769,704
0
681,257,023

2740

JOURNAL OF THE HOUSE,

Grades 4 - 8......................................................................................$ Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education
Laboratories .................................................................................$ Special Education............................................................................! Gifted ................................................................................................$ Remedial Education........................................................................! Staff Development..........................................................................! Professional Development..............................................................! Media................................................................................................! Indirect Cost....................................................................................! Pupil Transportation......................................................................! Local Fair Share..............................................................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance ...................................................! Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................! Non-QBE Grants:
Education of Children of LowIncome Families...........................................................................!
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped.........................................................................!
Removal of Architectural Barriers.........................................................................................!
Tuition for the Multi-Handicapped.....................................................................!
Severely Emotionally Disturbed...................................................! School Lunch (Federal)..................................................................! School Lunch (State)......................................................................! Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................................................................! Regional Educational Service Agencies..........................................................................! Georgia Learning Resources System...........................................................................................! High School Program .....................................................................$ Special Education in State Institutions.........................................................................! Governor's Scholarships.................................................................! Special Projects...............................................................................! Job Training Partnership Act.......................................................!
Vocational Research and
Curriculum....................................................................................! Salaries and Travel of
Public Librarians.........................................................................! Public Library Materials................................................................!
Talking Book Centers.....................................................................!
Public Library M & O....................................................................!

588,679,738 271,116,201 87,856,576
86,883,397 210,490,888 28,600,145 49,894,721
7,322,913 19,008,482 109,429,926 597,924,069 116,571,399 (517,248,380)
143,766,119 3,635,563 13,500,595
22,345,630 27,236,063
100,000
94,501,492
2,700,000
23,177,937
0
2,300,000 34,915,279 113,396,789 24,631,553
7,102,184
6,619,569
2,322,774 13,244,729
3,560,399 1,140,743
99,390 3,084,680
366,540
10,122,041 4,700,350
834,085 3,777,271

FRIDAY, MARCH 9, 1990

2741

Grants to Local School Systems for Educational Purposes ...........................................................$
Child Care Lunch Program (Federal) .......................................................................$
Chapter II - Block Grant FlowThrough...............................................................................$
Payment of Federal Funds to Board of Technical and Adult Education......................................................................................$
Innovative Programs.......................................................................$ Technology Grants..........................................................................$
Limited English - Speaking Students Program .......................................................................$
Drug Free School (Federal) ...........................................................$ Transition Program for Refugee...................................................? Emergency Immigrant Education
Program ........................................................................................$ Title II Math/Science Grant
(Federal) .......................................................................................$
Robert C. Byrd Scholarship (Federal) .......................................................................................$
QBE Weights Adjustment .............................................................$ Health Insurance - Non-Cert.
Personnel and Retired Teachers...............................................$ Pre-School Handicapped Program ...............................................$ Mentor Teachers .............................................................................$ Middle School Counselors.............................................................-! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$

0
16,787,825
10,026,258
11,701,897 2,453,089 1,000,000
4,060,653 2,700,000
100,000
100,000
345,900
154,000 28,335,344
59,583,875 1,360,000 375,000 3,750,000 (135,722)
3,125,045,418 340,000

State Funds Budgeted...................................................................-!

2,820,573,780

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$

11,733,905

$

18,005,781

$

1,125,833

$

10,873,651

$

16,913,867

$

4,382,513

$

365,728

$

646,021

$ 3,043,802,714

$

4,641,514

$

7,373,491

$

5,180,400

$ 3,125,045,418

$

11,144,463

$

9,646,572

$

1,084,168

$

7,011,070

$

16,514,149

$

2,961,261

$

365,728

$

646,021

$ 2,754,978,175

$

4,421,264

$

7,084,703

$

4,716.206

$ 2,820,573,780

Section 19. Employees' Retirement System.

Budget Unit: Employees' Retirement

System ......................................................................$

0

2742

JOURNAL OF THE HOUSE,

Employees' Retirement System Budget: Personal Services................................... Regular Operating Expenses............... Travel...................................................... Motor Vehicle Purchases..................... Equipment.............................................. Computer Charges................................. Real Estate Rentals.............................. Telecommunications ............................. Per Diem, Fees and Contracts............ Benefits to Retirees.............................. Employer Contribution........................ Total Funds Budgeted.......................... State Funds Budgeted..........................

1,335,537 160,000 14,000 0 7,000 290,000 191,000 35,000 699,000 0 0
2,731,537 0

Section 20. Forestry Commission. Budget Unit: Forestry Commission.......... State Operations Budget:
Personal Services................................... Regular Operating Expenses............... Travel...................................................... Motor Vehicle Purchases..................... Equipment.............................................. Computer Charges................................. Real Estate Rentals.............................. Telecommunications ............................. Per Diem, Fees and Contracts............ Contractual Research............................ Payments to the University of
Georgia, School of Forestry for Forest Research........................... Ware County Grant for Southern Forest World...................................... Ware County Grant for Road Maintenance....................................... Wood Energy Program......................... Capital Outlay....................................... Austerity Factor.................................... Total Funds Budgeted.......................... State Funds Budgeted ..........................

Forestry Commission Functional Budgets

Total Funds

Reforestation Field Services Wood Energy General Administration
and Support Total

4,842,227 34,952,962
0
2,614,367 42,409,556

Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation ......................................... Operations Budget:
Personal Services.......................................................... Regular Operating Expenses ......................................

37,329,863
30,247,235 6,636,543
174,520 1,125,324 1,951,492
96,083
40,224
995,304 554,485 310,000
0
30,000
60,000 0
300,000 (111,654) 42,409,556 37,329,863
State Funds
2,196,227 32,519,269
0
2,614,367 37,329,863
39,583,942
27,480,397 2,620,255

FRIDAY, MARCH 9, 1990

2743

Travel ........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals.................. Telecommunications .................. Per Diem, Fees and Contracts. Evidence Purchased................... Capital Outlay............................ Austerity Factor......................... Total Funds Budgeted............... Total State Funds Budgeted....

750,863 1,493,275
879,804 1,029,431
1,798,120 2,108,019
380,286 1,113,000
28,780 (98,288) 39,583,942 39,583,942

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,199,283

$

9,792,996

$

11,810,189

$

7,157,984

$

7,623,490

$

39,583,942

3,199,283 9,792,996 11,810,189
7,157,984 7,623,490 39,583,942

Section 22. Office of the Governor. Budget Unit: Office of the Governor..........
Personal Services...................................... Regular Operating Expenses................. Travel......................................................... Motor Vehicle Purchases........................ Equipment................................................. Computer Charges.................................... Real Estate Rentals................................. Telecommunications................................ Per Diem, Fees and Contracts.............. Cost of Operations...................................
Mansion Allowance.................................. Governor's Emergency Fund.................. Intern Stipends and Travel .................... Art Grants of State Funds...................... Art Grants of Non-State Funds............. Humanities Grant - State Funds.......... Art Acquisitions - State Funds.............. Children's Trust Fund Grants ............... Children and Youth Grants.................... Juvenile Justice Grants........................... Payments to Hazardous Waste
Management Authority....................... Transition Fund....................................... Austerity Factor....................................... Total Funds Budgeted............................. State Funds Budgeted.............................

22,011,602 9,981,221
480,101 185,053
0
70,866
308,890 781,760 218,996 32,796,755 3,012,575 40,000 2,750,000 162,000 3,000,000 325,910 50,000 40,000 1,179,130 100,000 1,358,936
300,000 50,000 (34,041) 57,105,152 22,011,602

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office

6,014,575

6;014,575

2744

JOURNAL OF THE HOUSE,

Office of Fair Employment Practices
Office of Planning and Budget
Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Counsel Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Growth Strategies Commission Human Relations Comission Total

937,263
5,261,288 4,104,977 2,242,252 33,269,405
343,941
671,238
768,028
1,629,752
1,690,875 0
171,558 57,105,152

857,263
5,261,288 3,585,977 2,242,252
391,161
143,041
671,238
498,722
482,752
1,690,875 0
171,558 22,011,602

Section 23. Department of Human Resources. A. Budget Unit: Departmental
Operations................................................................$ 1. General Administration and
Support Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Institutional Repairs and
Maintenance.................................................................................! Payments to DMA -
Community Care .........................................................................$ Service Benefits for Children........................................................! Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

529,678,009
68,545,581 3,920,846 1,808,450
935,174 197,889 3,137,641 5,828,382 1,395,128 3,475,241 390,975 1,517,080
0
200,000
10,743,262 13,382,850
358,000 36,415,241
(127,993) 152,123,747
638,300 70,689,852

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction

833,154 1,933,306
355,237

833,154 1,933,306
355,237

FRIDAY, MARCH 9, 1990

Personnel Indirect Cost Facilities Management Public Affairs Community/
Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office of
Children and Youth Planning Councils Community Services
Block Grant Regulatory Services -
Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulations Compliance Monitoring Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total

1,891,862 0
5,357,201 615,791
828,477 1,805,485 5,745,004 2,210,099
643,500
13,382,850 556,127
8,904,284
755,494 2,658,542
832,424
6,567,243 479,615 905,941
6,095,952 31,959,912 13,565,442 41,711,691
1,529,114 152,123,747

2. Public Health Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................!
Crippled Children Clinics ..............................................................$ Grants for Regional
Intensive Infant Care..................................................................! Grants for Regional
Maternal and Infant Care..........................................................! Crippled Children Benefits............................................................! Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits..............................................................! Grants-In-Aid to Counties .............................................................$ Purchase of Service Contracts ......................................................!

2745
1,891,862 (7,046,605)
3,846,868 615,791
828,477 1,805,485 5,545,004 2,210,099
643,500
12,795,132 156,166
745,494 2,658,542
492,657
1,821,766 479,615 688,851 166,416
5,081,778 12,545,395 18,119,749
1,476,114 70,689,852
52,579,598 59,992,021 1,271,249
0 195,937 609,634 1,215,057 808,559 3,671,442
0 115,370 640,000
4,936,795
2,055,000 7,600,000
415,000 2,837,470
2,358,000 520,790
73,273,143 12,989,426

2746

JOURNAL OF THE HOUSE,

Special Purpose Contracts............. Austerity Factor .............................. Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted ....................

Public Health Functional Budgets

Total Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grants in Aid to Counties Community Health Management Community Care Aids Total

905,795 400,861 1,373,089 1,934,597 1,081,313 1,113,249
2,060,509 1,564,309
622,426
1,645,668
1,739,350 12,816,140 10,637,844 3,273,215 10,696,606 60,840,306 1,882,325 12,464,025 1,426,863
704,752 4,088,401 1,037,478 5,532,529 3,081,548
11,033,782 1,001,215
3,691,347
4,641,025 60,291,499
523,723 3,250,158 6,596,228 233,952,175

3. Rehabilitation Services Budget: Personal Services........................ Regular Operating Expenses.... Travel ........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications..................

6,417,887 (480,203) 233,952,175
549,718 138,641,211

State Funds

$

708,570

$

335,861

$

1,288,089

$

1,761,946

$

858,495

$

1,036,449

$

1,530,509

$

976,403

$

0

$

332,733

$

1,581,325

$

6,723,315

$

9,403,429

$

1,116,968

$

6,663,366

$

0

$

1,672,150

$

10,221,055

$

1,426,863

$

704,752

$

3,972,543

$

548,706

$

5,412,529

$

2,021,048

$

10,256,316

$

802,864

$

3,185,787

$

4,641,025

$

53,355,250

$

440,591

$

1,286,030

$

3,728,453

$ 138,641,211

69,057,456 9,887,836
817,417 40,275 328,814 1,950,090 3,169,604 1,434,453

FRIDAY, MARCH 9, 1990

2747

Per Diem, Fees and Contracts... Utilities .......................................... Capital Outlay.............................. Postage...........................................
Institutional Repairs and Maintenance......................
Case Services................................. E.S.R.P. Case Services................. Special Purpose Contracts.......... Purchase of Services Contracts.. Austerity Factor........................... Total Funds Budgeted................. Indirect DOAS Funding.............. State Funds Budgeted.................

4,502,068 977,500 0 425,050
234,000 16,400,000
52,000 939,000 7,510,000 (44,968) 117,680,595 100,000 26,124,508

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total

4,171,317 1,031,622
7,887,530
18,882,018
13,278,178 25,152,124
817,995 37,606,292
558,279 1,497,140 6,355,125
442,975 117,680,595

1,352,630 876,197
1,616,822
5,492,447
770,870 0 0
8,145,115 353,279 719,048
6,355,125 442,975
26,124,508

4. Family and Children Services Budget:
Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases............... Equipment........................................ Computer Charges........................... Real Estate Rentals........................ Telecommunications.......................
Per Diem, Fees and Contracts ...... Utilities ............................................. Postage.............................................. Cash Benefits...................................
Grants to County DFACS Operations ....................................
Service Benefits for Children........ Special Purpose Contracts ............. Purchase of Service Contracts ...... Austerity Factor.............................. Total Funds Budgeted.................... Indirect DOAS Services Funding.

15,765,333 1,495,718
401,331 0
82,091 15,605,189
234,908 1,318,156 5,816,986
9,373 1,587,359 347,805,997
225,821,348 49,910,685 3,592,550 2,306,200 (623,139) 671,130,085 2,339,882

2748

JOURNAL OF THE HOUSE,

State Funds Budgeted.

Family and Children Services Functional Budgets

Total Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care
Adoption Supplement Day Care
Home Management - Contracts Outreach - Contracts
Special Projects Program Support County DFACS Operations -
Employability Program Total

$

1,398,919

$ 337,209,978

$

100

$

10,051,000

$

64,971,756

$

98,624,484

$

51,985,316

$

7,304,561

$

2,512,000

$

877,645

$

4,595,119

$

4,275,420

$

4,867,019

$

18,627,421

$

3,103,634

$

0

$

2,427,505

$

2,000,000

$

23,098,678

$

3,255,404

$

1,382,106

$

4,398,292

$

15,865,300

$

154,200

$

776,500

$

1,207,050

$

3,540,447

$

2,620,231

$ 671,130,085

Budget Unit Object Classes: Personal Services........................ Regular Operating Expenses.... Travel........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications.................. Per Diem, Fees and Contracts. Utilities........................................ Postage......................................... Capital Outlay ............................

294,222,438

State Funds

$

0

$ 129,738,948

$

100

$

0

$

17,203,278

$

49,293,074

$

25,740,239

$

7,304,561

$

0

$

877,645

$

3,792,826

$

4,275,420

$

2,349,380

$

7,661,154

$

3,103,634

$ (6,979,557)

$

2,017,747

$

2,000,000

$

16,343,357

$

2,806,000

$

1,187,428

$

2,832,797

$

15,865,300

$

154,200

$

776,500

$

1,184,595

$

3,383,697

$

1,310,115

$ 294,222,438

205,947,968 75,226,421 4,298,447
975,449 804,731 21,302,554 10,447,951 4,956,296 17,465,737 1,377,848 3,644,859
0

FRIDAY, MARCH 9, 1990
Grants for Regional Intensive Infant Care..................................................................$
Grants for Regional Maternal and Infant Care..........................................................$
Crippled Children Benefits............................................................$ Crippled Children Clinics ..............................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits..............................................................! Grant-In-Aid to Counties...............................................................! Payments to DMA-Community Care...........................................! Service Benefits for Children........................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants for County DFACS Operations....................................................................................! Institutional Repairs and Maintenance.........................................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................$ Austerity Factor ..............................................................................$
B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions...............................................................!
Departmental Operations: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and Maintenance.................................................................................! Grants to County-Owned Detention Centers.......................................................................! Substance Abuse Community Services...................................................................! Mental Retardation Community Services...................................................................! Mental Health Community Services...................................................................! Community Mental Health Center Services............................................................................!

2749
4,936,795
2,055,000 7,600,000
640,000 415,000 2,837,470
2,358,000 520,790
73,273,143 10,743,262 63,293,535 16,400,000
52,000 347,805,997
225,821,348
434,000 11,307,437 59,220,867 (1,276,303)
531,845,264
417,120,495 37,873,718
1,272,583 753,625
3,952,277 4,994,492 1,526,614 3,287,446 7,018,254 13,835,528
0 1,734,166
2,211,320
2,773,270
43,985,570
94,704,342
19,626,167
62,636,556

2750

JOURNAL OF THE HOUSE,

Special Purpose Contracts............. Service Benefits for Children........ Purchase of Service Contracts ...... Austerity Factor.............................. Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

1,495,600 5,683,940
613,000 (1,400,400) 725,698,563
2,404,100 531,845,264

Community Mental Health/Mental Retardation, Youth Services and Institutions Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children
Project Friendship Community Mental
Retardation Staff Community Mental Retardation
Residential Services Contract with Clayton County
Board of Education for Autistic Children

41,465,034 33,234,707
31,360,981
23,782,530
30,959,085
33,090,265 140,560,645
26,758,655
48,585,531
23,965,012 3,347,993
9,748,714
4,744,789
996,008
71,521,694 19,240,199
669,854 485,889 1,610,768
62,422,255 407,999
1,666,008
307,440 342,613
3,866,280
17,569,477
78,438

26,113,211 14,228,057
26,840,823
20,229,768
23,218,626
24,839,126 91,228,008
22,719,443
25,106,948
19,297,018 2,497,342
9,665,384
3,164,038
0
43,785,694 19,240,199
641,389 485,889 1,419,991
49,236,055 407,999
1,444,008
307,440 342,613
3,866,280
17,569,477
78,438

FRIDAY, MARCH 9, 1990

MH/MR/SA Admininistration Regional Youth
Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/
Interstate Compact Assessment and
Classification Youth Services
Administration Substance Abuse Residential
Services Total

10,097,495
20,327,219 11,312,536 7,913,668 4,330,383 4,282,174 14,602,840 3,028,621 1,038,066
753,430 7,203,725
791,038
454,238
2,556,072
3,218,195 725,698,563

Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade................................................... State Operations Budget:
Personal Services............................................................... Regular Operating Expenses........................................... Travel.................................................................................. Motor Vehicle Purchases................................................. Equipment.......................................................................... Computer Charges............................................................. Real Estate Rentals.......................................................... Telecommunications......................................................... Per Diem, Fees and Contracts........................................ Local Welcome Center Contracts ................................... Advertising and Cooperative
Advertising..................................................................... Georgia Ports Authority
Authority Lease Rentals............................................... Historic Chattahoochee
Commission Contract.................................................... Georgia Council for
International Visitors.................................................... Waterway Development in
Georgia............................................................................ Georgia Music Week Promotion..................................... Georgia World Congress Center
Operating Expenses...................................................... Contract - Georgia Association
of Broadcasters .............................................................. Southern Center for
International Studies....................................................
Capital Outlay.................................................................... Austerity Factor................................................................
Total Funds Budgeted......................................................
State Funds Budgeted......................................................

2751
7,800,737
19,837,219 10,924,683 7,838,225 4,205,660 3,837,446 14,602,840 3,028,621 1,038,066
753,430 6,203,725
791,038
454,238
2,556,072
0 531,845,264
18,379,745
7,917,731 1,721,533
349,000 34,880 73,000 135,260 649,340 260,000 300,650 245,000
5,651,184
1,785,000
90,000
25,000
50,000 35,000
0
53,000
25,000 0
(30,709) 19,369,869 18,379,745

2752

JOURNAL OF THE HOUSE,

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Total

$

5,732,052

$

5,163,516

$

8,474,301

$

19,369,869

$

4,922,052

$

5,003,516

$

8,454.177

$

18,379,745

Section 25. Department of Insurance. Budget Unit: Department of Insurance. Operations Budget:
Personal Services........................................... Regular Operating Expenses....................... Travel.............................................................. Motor Vehicle Purchases............................. Equipment...................................................... Computer Charges......................................... Real Estate Rentals ....................................... Telecommunications ..................................... Per Diem, Fees and Contracts .................... Health Care Utilization Review .................. Austerity Factor ............................................ Total Funds Budgeted.................................. State Funds Budgeted ..................................

$

14,101,027

12,125,011 563,961 751,170 96,000 78,208 480,405 529,664 249,625 51,600 70,000 (39,545)
14,956,099 14,101,027

Office of Commissioner of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulation Total

2,183,289 6,815,245
714,064
5,243,501 14,956,099

$

2,183,289

$

6,670,245

$

714,064

$

4,533.429

$

14,101,027

Section 26. Department of Labor. Budget Unit: Department of Labor.........
State Operations: Personal Services................................... Regular Operating Expenses...............

Motor Vehicle Purchases .

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^
Per Diem, Fees and Contracts(JTPA) .........................................................................$
Per Diem, Fees and Contracts ......................................................$ W.I.N. Grants ..................................................................................$ Payments to State Treasury ..........................................................$ Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Department of Labor Functional Budgets

Total Funds

Executive Offices

$

5,664,870

8,662.267
64,304,903 5,381,433 1,021,174
0 458,221 3,566,198 1,263,002 1,415,647
64,634,911 1,791,256 0 1,774,078 1,143,000 (47,078)
146,706,745 8,662,267

State Funds

$

905,571

FRIDAY, MARCH 9, 1990

2753

Administrative Services Employment and Training
Services Total

18,361,670
122,680.205 146,706,745

2,907,629
4,849,067 8,662,267

Section 27. Department of Law. Budget Unit: Department of Law.......................................................$
Attorney General's Office Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................$ Books for State Library.................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,556,687
8,644,581 420,000 132,000 0 46,356 224,635 462,241 98,164 60,000 110,000 (31,290)
10,166,687 9,556,687

Section 28. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................!
Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Medicaid Benefits, Penalties
and Disallowances.......................................................................! Payments to Counties for
Mental Health..............................................................................! Audits Contracts..............................................................................! SPY 1990 Benefits ..........................................................................$ Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

732,625,200
13,339,951 602,926 195,670 0 73,625
14,993,335 935,973 385,605
26,396,598
1,931,325,744
41,482,424 772,500
47,666,386 (22,330)
2,078,148,407 732,625,200

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Offices Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursements Benefits, Penalties
and Disallowances Total

2,020,456 27,456,792 17,352,944 2,874,859 4,593,525
3,397,607
2,020,452,224 2,078,148,407

880,324 2,412,991 4,806,828
491,142 1,777,561
1,646,897
720,609,457 732,625,200

Section 29. Merit System of Personnel Administration.

2754

JOURNAL OF THE HOUSE,

Budget Unit: Merit System of Personnel Administration...............
Departmental Operations Budget: Personal Services.................................... Regular Operating Expenses................. Travel....................................................... Equipment............................................... Computer Charges................................... Real Estate Rentals ................................ Telecommunications ...............................
Per Diem, Fees and Contracts.............. Health Insurance Claims Payments.... Austerity Factor...................................... Total Funds Budgeted............................ Agency Assessments................................

0
8,077,287 1,672,096
84,509 55,553 3,108,575 885,042 415,177 63,190,077 593,308,729 (31,812) 670,765,233 9,838,416

Employee and Employer Contributions.................

660,855,932

Deferred Compensation.. State Funds......................

70,885 0

Merit System Functional Budgets

Total Funds

State Funds

Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total

2,749,086
1,223,566 1,281,210
1,363,140
17,721,108 642,459,260
2,403,660 1,564,203 670,765,233

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!
Land and Water Conservation Grants............................................................................................!
Recreation Grants...........................................................................! Contract with U. S. Geological
Survey for Ground Water Resources Survey.........................................................................!
Contract with U. S. Geological Survey for Topographic Maps...................................................!

78,766,650
61,267,918 11,941,210
516,190 1,594,437 2,173,104
743,627 1,837,353 1,157,997 1,515,720
800,000 615,000
300,000
125,000

FRIDAY, MARCH 9, 1990

2755

Capital Outlay - Repairs and Maintenance.........................................................................!
Capital Outlay - Shop Stock Parks .............................................................................................$
Capital Outlay-Heritage Trust......................................................$ Authority Lease Rentals ................................................................$ Cost of Material for Resale ...........................................................$ Payments to Lake Lanier Islands
Development Authority ..............................................................$ Contract - Special Olympics,
Inc..................................................................................................$ Georgia Sports Hall of Fame.........................................................? Capital Outlay - Heritage
Trust - Wildlife Management Area Land Acquisition................................................................$
Capital Outlay - User Fee Enhancements - Parks................................................................$
Capital Outlay - Buoy Maintenance.................................................................................$
Capital Outlay - Consolidated Maintenance - Game and Fish..................................................$
Technical Assistance Contract ......................................................$ Capital Outlay .................................................................................$ Contract - Georgia Rural
Water Association........................................................................$ Contract - Corps of Engineers
(Cold Water Creek St. Park).....................................................$
Advertising and Promotion............................................................$
Payment to Georgia Agricultural Exposition Authority ..................................................................$
Historic Preservation Grant ..........................................................$
Environmental Facilities Grants...................................................? Georgia Boxing Commission..........................................................? Lanier Regional Committee...........................................................? Paving at State Parks and
Historic Sites................................................................................? Grant - Chehaw Park Authority...................................................? Grant - Zoo Atlanta........................................................................? Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? Receipts from Jekyll Island
State Park Authority..................................................................?
Receipts from Stone Mountain Memorial Association .................................................................?
Indirect DOAS Funds.....................................................................? State Funds Budgeted....................................................................?

2,361,700
350,000 225,000 865,000 2,318,000
0
206,000 50,000
510,000
2,082,000
20,000
0 125,000 385,000
10,000
300,000 150,000
2,379,900 275,000
6,500,000 6,000 0
500,000 250,000 250,000 (230,358) 104,475,798
314,594
815,000 200,000 78,766,650

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Total

8,653,358 28,151,742
37,724,726 28,041,506 1,904,466 104,475,798

6,374,795 24,102,516
22,102,451 24,372,422 1,814,466 78,766,650

2756

JOURNAL OF THE HOUSE,

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel................................................................................................!
Motor Vehicle Purchases ...............................................................$ Equipment..........,.............................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
1,432,445 1,344,116
24,000 11,000 69,088 27,000
0 17,500 490,826
0 3,415,975
0

Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

3,415,915

Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................................................! 1. Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel..........................................................,....................................! Motor Vehicle Purchases ...............................................................$ Equipment..................................................,.....................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Capital Outlay .................................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 2. Driver Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Conviction Reports .........................................................................$ Driver License Processing..............................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................!

86,898,955
50,024,675 7,350,589
153,500 2,885,000
953,050 4,758,000
67,491 1,129,000
180,000
200,000 0
(189,025) 67,512,280
1,650,000 65,862,280
15,502,043 1,633,808
37,970 25,000 138,497 28,000 37,507 361,600 88,350 2,025,000 232,500 981,600 (55,200) 21,036,675
0

FRIDAY, MARCH 9, 1990

2757

State Funds Budgeted....................................................................$

21,036,675

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services
Field Operations Total

18,885,082 21,036,675 48,627,198 88,548,955

17,235,082 21,036,675 48,627,198 86,898,955

B. Budget Unit: Units Attached for Administrative Purposes Only........
1. Attached Units Budget: Personal Services............................. Regular Operating Expenses ........ Travel................................................ Motor Vehicle Purchases............... Equipment........................................ Computer Charges........................... Real Estate Rentals........................ Telecommunications....................... Per Diem, Fees and Contracts ...... Peace Officers Training Grants .... Capital Outlay................................. Austerity Factor.............................. Total Funds Budgeted.................... State Funds Budgeted....................

14,681,073
7,498,444 2,746,653
125,500 37,500 194,050 428,705 97,078 163,550 869,000 2,843,665
0 (28,904) 14,975,241 14,342,241

2. Office of Highway Safety Budget: Personal Services............................. Regular Operating Expenses ......... Travel................................................ Motor Vehicle Purchases ............... Equipment........................................ Computer Charges........................... Real Estate Rentals........................ Telecommunications ....................... Per Diem, Fees and Contracts...... Highway Safety Grants.................. Austerity Factor.............................. Total Funds Budgeted.................... State Funds Budgeted....................

422,474 28,600 13,000
0 0 40,000 69,988 4,000 23,800 3,500,000 (815) 4,101,047 338,832

Attached Units Functional Budgets

Total Funds

State Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Organized Crime Prevention Council

4,101,047 4,897,367 1,031,094 1,264,335
441,090
327,082

338,832
4,897,367 1,011,094 1,184,335
441,090 327,082

2758

JOURNAL OF THE HOUSE,

Georgia Public Safety Training Facility
Total

$

7,014,273

$

19,076,288

6,481,273 14,681,073

Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System..................
Departmental Operations Budget: Payments to Employees' Retirement System.................................... Employer Contributions.................................. Total Funds Budgeted...................................... State Funds Budgeted.....................................

12,089,043
389,043 11,700,000 12,089,043 12,089,043

Section 33. Public Service Commission. Budget Unit: Public Service
Commission............................... Departmental Operations Budget:
Personal Services............................................... Regular Operating Expenses .I.'........................ Travel.................................................................. Motor Vehicle Purchases.................................
Equipment......................................................... Computer Charges............................................. Real Estate Rentals.......................................... Telecommunications ........................................ Per Diem, Fees and Contracts ........................ Austerity Factor................................................ Total Funds Budgeted...................................... State Funds Budgeted.....................................

7,989,657
6,760,947 418,270 244,500 52,324 92,699 303,673 309,828 120,716
1,232,000 (21,922) 9,513,035 7,989,657

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,777,187

$

3,257,884

$

4,477,964

$

9,513,035

$

1,777,187

1,892,950

4,319,520

7,989,657

Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ........................................
Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs.............................................. Sponsored Operations.........................................................
Operating Expenses: Educ., Gen., and Dept. Svcs .............................................. Sponsored Operations.........................................................
Special Funding Initiative .....................................................
Office of Minority Business Enterprise.............................................................
Special Desegregation Programs........................................... Forestry Research.................................................................... Research Consortium.............................................................. Eminent Scholars Program.................................................... Capital Outlay.........................................................................

801,005,093
837,045,344 110,000,000
219,685,743 125,000,000 14,000,000
355,365 385,633 302,000 100,000
0 250,000

FRIDAY, MARCH 9, 1990

2759

Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Departmental Income.....................................................................? Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

(500,000) 1,306,624,085
31,000,000 235,000,000 236,591,692
3,027,300 801,005,093

B. Budget Unit: Regents Central Office and Other Organized Activities...................................................................!
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................?
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................!
Fire Ant and Environmental Toxicology Research...................................................................!
Agricultural Research .....................................................................$ Advanced Technology
Development Center...................................................................? Capitation Contracts for
Family Practice Residency.........................................................? Residency Capitation Grants.........................................................? Student Preceptorships..................................................................? Center for Rehabilitation
Technology...................................................................................? SREB Payments..............................................................................? Medical Scholarships......................................................................? Regents Opportunity Grants.........................................................? Regents Scholarships......................................................................? Rental Payments to Georgia
Military College...........................................................................? CRT Inc. Contract at Georgia Tech
Research Institute.......................................................................?
Direct Payments to the Georgia Public Telecommunications Commission for Operations........................................................?
Austerity Factor..............................................................................? Total Funds Budgeted....................................................................? Departmental Income.....................................................................? Sponsored Income...........................................................................? Other Funds.....................................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................!

156,950,127
210,889,163 65,005,330
92,704,672 36,173,630
232,000 2,120,587
1,474,034
2,759,684 2,594,400
158,000
748,762 9,193,650 1,020,259
600,000 200,000
865,000
211,000
8,140,745 (343,560) 434,747,356
0 98,660,299 178,581,230
555,700 156,950,127

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute

1,777,876
3,716,128 1,450,597

1,240,443
1,577,014 999,870

2760

JOURNAL OF THE HOUSE,

Georgia Tech Research Institute
Education Extension Services
Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

$ 126,165,182

$

6,046,877

$

51,788,919

$

51,094,994

$ 150,959,789

$

3,060,296

$

2,377,770

$

6,203,322

$

1,935,993

$

2,584,725

$

25,584,888

$ 434,747,356

C. Budget Unit: Georgia Public Telecommunications

Public Telecommunications Commission Budget: Personal Services.............................................................................$ Operating Expenses ........................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................! State Funds Budgeted....................................................................$

Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Tax Officials/Retirement
andFICA......................................................................................$ Grants to Counties/Appraisal
Staff ...............................................................................................$ Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................!
Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................!
Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

13,651,481
2,315,192
35,328,142
34,668,294
31,729,206
3,060,296
525,915
6,203,322
0
66,064 25,584,888 156,950,127
6,153,842 8,084,722
(12,733) 14,225,831 14,225,831
0
77,778,134
49,142,318 3,999,677 1,410,700
174,200 602,825 9,752,765 4,728,258 764,568 266,275
3,064,285
1,430,000 3,167,650 3,305,260 (185,647) 81,623,134 3,845,000 77,778,134

FRIDAY, MARCH 9, 1990

2761

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

7,799,586 10,585,928 5,099,917 17,142,895 8,424,971 16,832,589 6,573,820 4,616,048 4,547,380 81,623,134

7,799,586 10,485,932 5,099,917 17,052,895 7,024,979 14,777,589 6,573,820 4,616,048 4,347,368 77,778,134

Section 36. Secretary of State. Budget Unit: Secretary of State..........
Personal Services............................. Regular Operating Expenses......... Travel................................................ Motor Vehicle Purchases ............... Equipment........................................ Computer Charges........................... Real Estate Rentals........................ Telecommunications....................... Per Diem, Fees and Contracts ...... Election Expenses ........................... Austerity Factor.............................. Total Funds Budgeted.................... State Funds Budgeted....................

22,590,896 15,245,537 2,305,911
239,800 106,000 79,621 836,611 2,272,731 300,095 612,856 650,000 (58,266) 22,590,896 22,590,896

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total

3,209,857 4,825,925
4,465,944
1,355,443 984,140 197,344
7,552,243 22,590,896

3,209,857 4,825,925
4,465,944
1,355,443 984,140 197,344
7,552,243 22,590,896

Occupational Certification Functional Budgets

Board Costs

Cost of Operations

S.B. of Accountancy S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers G.B. of Chiropractic
Examiners State Construction Industry
Licensing Board

40,000 91,500
800
8,300 19,000
21,000
112,000

240,743 196,650
7,396
52,203 142,493
146,921
623,648

2762

JOURNAL OF THE HOUSE,

S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors
S.B. of Registration for Foresters
S.B. of Funeral Services S.B. of Registration for
Professional Geologists S.B. of Hearing Aid
Dealers and Dispensers G.B. of Landscape Architects S.B. for the Certification
of Librarians Georgia Composite Board of
Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners
S.B. of Nursing Home Administrators
G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners
in Optometry
S.B. of Occupational Therapy S.B. of Pharmacy S.B. of Physical Therapy S.B. of Podiatry Examiners S.B. of Polygraph Examiners G.B. of Examiners of
Licensed Practical Nurses G.B. of Private Detective
and Security Agencies S.B. of Examiners of
Psychologists S.B. of Recreation Examiners S.B. of Examiners for Speech
Pathology and Audiology S.B. of Registration for
Used Car Dealers
S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders and Salvage Dealers
S.B. of Veterinary Medicine S.B. of Examiners for
Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis Total

$

46,500

$

63,000

$

7,700

$

74,000

$

3,600

$

20,500

$

3,900

$

7,000

$

15,400

$

2,400

$

104,000

$

72,000

$

13,500

$

7,500

$

11,500

$

26,000

$

81,000

$

17,000

$

5,500

$

3,800

$

50,800

$

13,500

$

18,000

$

17,500

$

9,000

$

6,500

$

14,600

$

11,300

$

45,500

$

14,700

$

1,087,800

B. Budget Unit: Real Estate Commission.................................

828,762 363,856 22,868
343,966 32,929 177,307 20,295 48,693 44,615 18,454
1,155,353 966,882 53,381 24,173 44,382 73,733 528,087 64,653 15,387 33,282 581,601 304,841 122,034 71,925 33,477 28,069 218,710
51,274 129,196
160,266 7,988,806 1,804,811

FRIDAY, MARCH 9, 1990

2763

Real Estate Commission Budget: Personal Services:............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Real Estate Commission Functional Budget

1,007,853 152,894 13,500 19,000 23,900 311,759 121,450 23,150 134,900 (3,595)
1,804,811 1,804,811

State Funds

Cost of Operations

Real Estate Commission

!

1,804,811

$

1,844,811

Section 37. Soil and Water Conservation Committee. Budget Unit: Soil and Water
Conservation Committee .......................................! Soil and Water Conservation Budget
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Conservation Grants.........................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,982,629
968,540 127,871 69,300 10,450 19,600
5,600 50,405 19,220 442,420 610,396 (3,448) 2,320,354 1,982,629

Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................! Administration Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Payment of Interest and Fees.......................................................$ Guaranteed Educational Loans.....................................................$ Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants ....................................................................$ North Georgia College
ROTC Grants...............................................................................!

23,380,129
4,169,264 382,851 65,800 12,000 25,000 357,668 132,000 17,757 381,625
4,210,000 15,032,175 5,020,320
38,000
104,500

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Osteopathic Medical Loans ...........................................................$ Georgia Military Scholarship
Grants............................................................................................! Paul Douglas Teacher
Scholarship...................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

200,000
462,030
444,425 31,055,415 23,380,129

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Total

5,162,340
381,625
25,511,450 31,055,415

0
381,625
22,998,504 23,380,129

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System......................................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Equipment...............................................,........................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Cost-of-Living Increases for Local
Retirement System Members ....................................................$ Floor Fund for Local
Retirement Systems....................................................................! Post Retirement Benefit
Increases for Retirees..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,700,000
3,000,332 307,000 26,000 9,000
1,119,000 301,000 114,000 339,000
2,950,000
750,000
0 8,915,332 3,700,000

Section 40. Department of Technical and
Adult Education. Budget Unit: Department of Technical
and Adult Education..............................................! Department of Technical and Adult
Education Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Capital Outlay .................................................................................$ Quick Start Program ......................................................................$

134,265,328
4,177,416 340,242 128,000 0 8,000 704,701 442,636 62,000
1,634,800 88,038,621 19,660,207
0 5,863,282

FRIDAY, MARCH 9, 1990

2765

Area School Program......................................................................$ Regents Program .............................................................................$ Adult Literacy Grants ....................................................................$ Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

26,590,901 2,883,769
7,998,458 (14,850)
158,518,183 134,265,328

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

7,482,945 151.035,238 158,518,183

$

6,356,889

127,908,439

134,265,328

Section 41. Department of Transportation. Budget Unit: Department of
Transportation ........................................................$ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Grants to Counties..........................................................................! Grants to Municipalities ................................................................$ Capital Outlay - Airport
Approach Aid and Operational Improvements..............................................................................! Capital Outlay - Airport Development................................................................................! Mass Transit Grants.......................................................................! Savannah Harbor Maintenance Payments......................................................................................! Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................! G.O. Debt Sinking Fund................................................................! Austerity Factor..............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

506,218,743
236,159,329 55,355,731 1,818,631 1,011,000 5,056,695 4,644,846 1,356,023 2,200,916 10,505,640 512,216,259 9,317,013 9,317,000
1,467,500
1,270,000 8,509,511
1,217,000
0 10,640,000
(7,861) 872,055,233 506,218,743

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Total

562,155,251 242,684,790
8,744,767 9,317,013 22.580,214 845,482,035

217,321,831 231,218,210
8,107,732 9,317,013 22,035,214
488,000,000

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General Funds Budget

Total Funds

Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Total

$

9,317,000

750,000 1,778,542
13,510,656
1,217,000 26,573,198

Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service................................................... Departmental Operations Budget:
Personal Services.......................................................... Regular Operating Expenses ...................................... Travel ............................................................................. Motor Vehicle Purchases ............................................ Equipment..................................................................... Computer Charges........................................................ Real Estate Rentals..................................................... Telecommunications.................................................... Per Diem, Fees and Contracts ................................... Capital Outlay .............................................................. Operating Expense/Payments to
Central State Hospital............................................. Operating Expense/Payments to
Medical College of Georgia.....................................
Regular Operating Expenses for Projects and Insurance......................................
Austerity Factor........................................................... Total Funds Budgeted................................................. State Funds Budgeted.................................................

Veterans Service Functional Budgets

Total Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

5,492,763

15,742,006

6,058,627

$

27,293,396

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board .................................................
Operations Budget: Personal Services...................................................... Regular Operating Expenses.................................. Travel......................................................................... Motor Vehicle Purchases........................................ Equipment.................................................................
Computer Charges.................................................... Real Estate Rentals.................................................

State Funds

$

9,317,000

750,000 1,278,542
5,656,201
1,217,000 18,218,743

22,320,272
4,967,818 121,252 89,000 0 89,420 13,812 227,338 56,000 20,100 0
15,554,973
5,990,883
214,000 (51,200) 27,293,396 22,320,272

State Funds

$

5,265,293

$

12,425,244

$

4,629,735

$

22,320,272

8,431,162
6,929,333 307,375 68,350 0 3,830 218,900 614,677

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2767

Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Georgia Crime Victims Assistance
Program........................................................................................! Austerity Factor ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

104,660 110,500
200,000 (26,463) 8,531,162 8,431,162

Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)............................................! State of Georgia General Obligation Debt Sinking Fund (New)...............................................!

293,035,382 28,186,000

Section 45. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 46. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.

Section 47. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe
rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, !20,000 is designated and committed to permit Judges with
fewer than ten years of experience to attend the Judicial College.

Section 48. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.

Section 49. Provisions Relative to Section 7, Institute of Continuing Judicial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 50. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

2768

JOURNAL OF THE HOUSE,

Section 51. Provisions Relative to Section 13, Department of Agriculture. Provided, that of the appropriation to the Department of Agriculture, $130,000 shall be divided equally between swine, cattle and poultry promotion.
Section 52. Provisions Relative to Section 16, Department of Corrections. The Department of Corrections is authorized to utilize available interest earnings of the Georgia Building Authority (Penal) arising from capital outlay appropriations made in HB 145 of the 1989 General Assembly in an amount not to exceed $5,526,000 for the purpose of acquiring land and constructing a youth deveopment facility.
Section 53. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,612.50 In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1991.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1991 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1991 that it contributed during SFY 1990.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Section 54. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer con tribution rate by thirty-one one-hundredths of one percent of salaries to fund the follow ing:
1.) A special cost-of-living increase in retirement benefits, effective July 1, 1990, to partially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly. 2.) A one and one-half percent cost-of-living increase effective July 1, 1990.

FRIDAY, MARCH 9, 1990

2769

3.) A one and one-half percent cost-of-living increase effective January 1, 1991.

Section 55. Provisions Relative to Section 23, Department of Human Resources. The Department is Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan
dards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1991 that was authorized in fiscal year 1987.
The Division of Mental Health, Mental Retardation and Substance Abuse is autho rized to expend an amount not to exceed $2,340,000 of receipts from the Department of Medical Assistance in excess of the $74,000,000 of such receipts contemplated in this appropriations act. Such funding shall be applied toward the following programs and pur poses in no more than the amounts shown thereby:

Regular Operating Expense State institutions
Computer Charges - State and Regional Hospitals
Per Diem, Fees and Contracts Physician coverage at State institutions
Community Mental Health, Mental Retardation and Substance Abuse programs
3 MR residential slots in Chatham Co.

$ 531,000
65,000
139,000
1,550,000 55,000

In any instance in which such excess receipts from the Department of Medical Assistance may not be applied toward the purposes listed above, the Department is authorized to transfer State funds to accomplish the intent of this paragraph.
Provided, that Central State Hospital is authorized to utilize surplus funds, not to exceed $497,500, for replacement of TV distribution lines in the Department of Veterans Service facilities, the Department of Corrections facilities and MH/MR facilities.
Provided, that Southwestern State Hospital is authorized and directed to add six (6) HST positions to the Adult Mental Health Unit.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid dollars.

Section 56. Provisions Relative to Section 26, Department of Labor. The Department of Labor is authorized to transfer up to $1,774,078 of funds budgeted for State Treasure Payments to Personal Services for the purpose of supplanting Federal

2770

JOURNAL OF THE HOUSE,

funds in order to avoid closing Department offices during regular work periods. The exer cise of this authority by the Department shall not be construed as a cancellation of obliga tion to make this or any future payments to the State Treasury.
Section 57. Provisions Relative to Section 28, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medi cal Assistance, $18,383,114 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1990.
Section 58. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $164.46 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1991 shall not exceed ten and one-half percent (10.50%).
Section 59. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
Section 60. Provisions Relative to Section 31, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds.
Provided, that of the appropriation relating to the Department of Public Safety, Bud get Unit "B", the Office of Planning and Budget is authorized and directed to transfer five training positions and operating costs associated with those positions from the Georgia Public Safety Training Center to the Georgia Police Academy.
Section 61. Provisions Relative to Section 34, Regents, University System of Georgia. The Board of Regents is authorized to transfer other object class sur pluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 62. Provisions Relative to Section 40, Department of Technical and Adult Education. None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.

FRIDAY, MARCH 9, 1990

2771

Section 63. Provisions Relative to Section 41, Department of Transpor tation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
It is the further intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $40,000,000 is designated and committed for the Local Assist ance Road Program. It is the intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $3,000,000 is authorized for initial design of a replacement of the Sidney Lanier Bridge in Glynn County, Georgia.
Section 64. In addition to all other appropriations for the State fiscal year ending June 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($8,400,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 65. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 66. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.

2772

JOURNAL OF THE HOUSE,

Section 67. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal matter.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 68. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State Funds which have been appropriated to supplant Federal Funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 69. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 70. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 71. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal Funds.
Section 72. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.
Section 73. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to

FRIDAY, MARCH 9, 1990

2773

satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provisions, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 74. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1990 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Represen tatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equip ment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 75. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 76. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re- appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 77. Wherever in this Act the term "Austerity Factor" appears and is fol lowed by a negative number, the annual operating budget common object classes shall be reduced in an amount sufficient to eliminate such austerity factor.

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JOURNAL OF THE HOUSE,

Section 78. Provisions Relative to Section 44, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 44 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturi
ties, user agencies and user authorities, purposes, maximum principal amounts and appro priations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,292,500 is specifically appropriated for the State Board of Education for the purpose of financing 20 public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems, through the issuance of not more than $12,925,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,350,000 is specifically appropriated for the pur pose of financing facilities for the Board of Regents of the University System of Georgia, to wit: at Southern College of Technology, with a maximum principal amount authoriza tion of $6,500,000 and at Georgia Southern University, with a maximum principal amount authorization of $17,000,000, by means of demolition, acquisition, construction, develop ment, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $23,500,000 in pincipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $13,000,000 is specifically appropriated for the pur pose of financing a program of Developmental Highways and four-lane and passing-lane construction for the Department of Transportation, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $130,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $6,494,500 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and inde pendent school systems, through the issuance of not more than $64,945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing a parking deck at the Georgia Institute of Technology for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,500,000 in principal amount of Gen eral Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $390,000 is specifically appropriated for the purpose of financing the purchase and installation of a new nonwovens paper machine and the modernization of a paper machine for the Board of Regents of the University System of Georgia, to finance any other improvements associated with such purchase and installation and to expand wastewater treatment facilities, by means of demolition, acquition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in principal

FRIDAY, MARCH 9, 1990

2775

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $250,000 is specifically appropriated for the purpose of financing the construction of a facility at the tjniversity of Georgia for the Board of Regents, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $398,000 is specifically appropriated for the purpose of financing equipment for comprehensive high schools for county and independent school systems through the State Department of Education, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $160,000 is specifically appropriated to finance con struction of a crime laboratory facility in Colquitt County, Georgia for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $250,000 is specifically appropriated for the purpose of financing the renovation of offices and facilities in buildings of the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $200,000 is specifically appropriated for the purpose of financing asbestos abatement and removal and renovation at the Trinity-Washington
Building of the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection
therewith, through the issuance ofnot more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun
dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $150,000 is specifically appropriated for the purpose of financing engineering design of a Regional Reservoir Project for the Department of Nat
ural Resources, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $350,000 is specifically appropriated for the purpose of financing a parking deck at the Georgia State University for the Board of Regents of
the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith,

2776

JOURNAL OF THE HOUSE,

through the issuance of not more than $3,500,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $250,000 is specifically appropriated for the purpose of financing improvements at the Atlanta Farmers Market for the Georgia Building Authority (Markets), by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $100,000 is specifically appropriated for the purpose of financing the design of a dormitory at the Georgia Institute of Technology for the Board of Regents of the University System of Georgia, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $300,000 is specifically appropriated for the purpose of financing the purchase of equipment and construction of facilities for wildlife manage ment areas and for public fishing areas of the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $511,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections in Mitchell, Lowndes and Emanuel Counties, by means of the acquisition, construction, development, extension, enlarge ment, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,110,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $100,000 is specifically appropriated for the purpose of financing the purchase of land at Georgia Southern University of the Board of Regents of the University System of Georgia, by means of the acquisition, construction, develop ment, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,000,000 is specifically appropriated for the pur pose of financing construction of a facility at DeKalb College of the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equip ment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $90,000 is specifically appropriated for the purpose of financing the purchase of a facility at Valdosta State College of the Board of Regents of the University System of Georgia, by means of the acquisition, construction, develop ment, extension, enlargement, and improvement of land, property, buildings, structures,

FRIDAY, MARCH 9, 1990

2777

equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $900,000 in principal amount of General Obli gation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Section 79. Delayed Hiring Factor by Department.

Dept. of Corrections "A" Dept. of Human Resources "A" Dept. of Human Resources "B" Dept. Technical and Adult Dept of Revenue Office of the Governor Dept. of Law Soil and Water Conservation
Commission Dept. Natural Resources

$

20,071,083

$

2,427,508

$

1,691,600

$

478,610

$

51,042

$

17,000

$

57,373

$

59,482

$

125,352

Section 80. Cost-of-Living and Other Increses. The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) For full time employees of the Executive, Judicial and Legislative branches of State Government, a 2.5% ($450 minimum) increase effective July 1, 1990; 2.) For Technical and Adult Education employees, a 2.5% increase effective July 1, 1990, for non-certified personnel, and for certificated personnel a 1% increase on the T-4 entrance level with an additional 1 % increase beginning the 6th year and an addi tional 1.5% beginning the 8th year, effective September 1, 1990; 3.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,357 to $18,541 for the T-4 entrance level, with first and second teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and performance based certification, effective the following month; an additional 1% increase beginning the 6th year and an additional 1.5% beginning the 8th year, effective September 1, 1990; 4.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.9% to 3.0%, effective September 1, 1990; 5.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1990; 6.) For University System employees, a 2.5% salary increase to be effective September 1, 1990, for academic contracted personnel, and for a 2.5% salary increase, effective July 1, 1990, for non-academic personnel and fiscal year contracted personnel of the University System and emplyees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; 7.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly as amended, as authorized in said act, Code Section 45-7-4; 8.) For 0.25% of the 10.50% employer contribution to the State Health Benefit Plan for State employees; 9.) For two 1.5% cost-of-living adjustments for retired members of the Employees Retirement System; and 10.) For cost-of-living increases in retirement benefits for retired members of the Employees Retirement System to partially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the General Assem bly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly.
In addition to all other appropriations there is hereby appropriated $6,235,000 for the retirement systems listed below for the purpose of funding cost-of-living increases in retirement benefits to partially offset the taxation of such benefits as provided by House Bill 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by House Bill 738 enacted at the 1990 Regular Session of the General Assembly:

Public School Employees Retirement System Legislative Retirement System
Trial Judges and Solicitors Retirement Fund Teachers Retirement System

$ 248,000 6,700
3,300 5,977,000

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In addition to all other appropriations for the State Fiscal Year ending June 30, 1991, there is hereby appropriated $678,800 for the purpose of funding HB 198, HB 436, HB 769, HB 1088 and SB 72.
There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

Section 81. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1991 ..............................

..$ 7,785,427,500

Section 82. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 83. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 1314.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy
Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnelt.M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Y Connell Y Couch Y Crawford
Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Davis.G Davis.M
Y Dixon,H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Banner

Y Harris Y Hasty
Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Y Irwin
Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

Y McKinney.B McKinney.C
Y Meadows YMilam Y Mobley Y Moody YMorton
Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell
RandaU Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketeon Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L
Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow
Y Stancil,F Y Stancil.S Y Stanley
Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall YWare
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 169, nays 0. The motion prevailed.

Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

FRIDAY, MARCH 9, 1990

2779

Representatives Cummings of the 134th, Davis of the 29th, McKinney of the 40th and Redding of the 50th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 1147.

By Representatives Johnson of the 123rd, Mueller of the 126th, Dixon of the 128th, Pannell of the 122nd, Kingston of the 125th and others:
A resolution commending the Savannah Regional Minority Purchasing Coun cil and Mr. Vincent Edwards.

HR 1148. By Representatives Johnson of the 123rd, Mueller of the 126th, Dixon of the 128th, Pannell of the 122nd, Kingston of the 125th and others:
A resolution commending Mr. and Mrs. Remer M. Kicklighter on their fiftieth wedding anniversary.

HR 1149. By Representatives Johnson of the 123rd, Mueller of the 126th, Dixon of the 128th, Pannell of the 122nd, Kingston of the 125th and others:
A resolution commending Mr. David L. Rathbone.

HR 1150. By Representatives Johnson of the 123rd, Mueller of the 126th, Dixon of the 128th, Pannell of the 122nd, Kingston of the 125th and others:
A resolution commending Mr. and Mrs. James Clinton Holmes, Sr. on their fiftieth wedding anniversary.

HR 1151. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution commending The Samaritan House.

HR 1152. By Representatives Isakson of the 21st, Jones of the 71st, Lawrence of the 49th, Vaughan of the 20th, Atkins of the 21st and others:
A resolution commending Honorable Theodore W. Waddle.

HR 1153. By Representative Richardson of the 52nd:
A resolution congratulating the Candler School of Theology at Emory Uni versity.

HR 1154. By Representatives Mueller of the 126th, Johnson of the 123rd, Hamilton of the 124th, Kingston of the 125th, Pannell of the 122nd and others:
A resolution commending Dollie M. Crumley.

HR 1155.

By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd and Benefield of the 72nd:
A resolution expressing congratulations to Paul and Helen Addis on the occa sion of their 50th wedding anniversary.

HR 1156. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd and Benefield of the 72nd:
A resolution commending Mr. Ted Key.

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JOURNAL OF THE HOUSE,

HR 1157. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd and Benefield of the 72nd:
A resolution commending Jack Wells.

HR 1158. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd and Benefield of the 72nd:
A resolution commending Mr. Willis Swint.

HR 1159. By Representatives Bailey of the 72nd, Holcomb of the 72nd, Lee of the 72nd and Benefield of the 72nd:
A resolution commending and congratulating Ms. Luvenia Jackson.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

SB 204. By Senators Phillips of the 9th, Peevy of the 48th and Edge of the 28th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled sub stances and marijuana, so as to create a new criminal offense of possessing, manufacturing, delivering, distributing, dispensing, administering, selling, or possessing a controlled substance or marijuana while on or in proximity to school property or a school bus stop.

The Senate insists on its substitute to the following Bill of the House:

HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

The Senate insists on its substitute to the following Bill of the House:

HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commis sion, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

FRIDAY, MARCH 9, 1990

2781

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1067.

By Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th:
A resolution commending and inviting members of the Gainesville Theatre Alliance to appear before the House of Representatives.

The following Resolution of the House was read and adopted:

HR 1160.

By Representatives Stephens of the 68th, Thurmond of the 67th, Hooks of the 116th, Cummings of the 17th, Buck of the 95th and others:
A resolution expressing condolences at the passing of Mr. Charles Howard Sligh.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1316.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1316

The Committee of Conference on HB 1316 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1316 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ A. Quillian Baldwin, Jr.
Senator, 29th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Marv Margaret Oliver Representative, 53rd District
/s/ pete Robinson Representative, 96th District

/s/ C. Donald Johnson Senator, 47th District

/s/ Calvin Smyre Representative, 92nd District

A BILL
To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for defini tions; to change which persons are required to report child abuse; to change when certain notifications must be made; to provide for criminal penalties and fines; to require report ing notwithstanding the privileged or confidential nature of certain communications; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"19-7-5. (a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. This is often manifest by the
a physician. It is intended that the mandatory reporting of such cases will cause the pro tective services of the state to be brought to bear on the situation in an effort to prevent further abuses, to protect and enhance the welfare of these children, and to preserve family life wherever possible. This Code section shall be liberally construed so as to carry out the purposes thereof.
( D/--/\ny pnysician, including any doctor of medicine licensed to practice under Onapter ti4 of i itlc 4o, licensed ostcopatnic pnysician, intern, resident, oil otncr nospitai OF medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work per sonnel, achooltcachcrs and school administrators, school guidance counselors, child-care personnel, day-care personnel, child-counseling personnel, child service organization per-

er caretaker by other than accidental means, has been neglected er exploited by a parent
Of CflPCtdK'CF, Of hflS Deeh SeXUfllly ftSSftUi ted Of SeXUfllly GXplOlted 3flQ.ll report Of CflUSe
the ft11endftnce of the reporting person on ft child ~ts pursuflnt TO tne pertormftnce of ser~ vices fts 8 memDCf of the st&tl of ft hospit&l, school) sociftf flgencyj of simiisr iflciiity, fte
soft or his delegate shall report of cause reports to be made m accordance with this Code section. Any other person hftving cftusc to believe' tost ft child hfts h&d pnysicfli injury

or sexuftlly exploited msy report or csuse reports to oe mo.dc m sccordftnce with this

i prostitution, as defined in Code Section 16-6 9, of allows, permits, encourages, er Fecjuifes such child to en^ft^e m sexuftlly expliett conduct ior the purpose of producing

16-12-100.

(b) As used in this Code section, the term:

(1) 'Abused' means subjected to child abuse.

(2) 'Child' means any person under 18 years of age.

(3) 'Child abuse' means:

(A) Physical injury or death inflicted upon a child by a parent or caretaker

thereof by other than accidental means; provided, however, physical forms of disci

pline may be used as long as there is no physical injury to the child;

(B) Neglect or exploitation of a child by a parent or caretaker thereof;

(C) Sexual assault of a child; or

(D) Sexual exploitation of a child.

(4) 'Sexual exploitation' means conduct by a child's parent or caretaker who

allows, permits, encourages, or requires that child to engage in:

(A) Prostitution, as defined in Code Section 16-6-9; or

(B) Sexually explicit conduct for the purpose of producing any visual or print

medium depicting such conduct, as defined in Code Section 16-12-100.

(c)

reasonable cause to believe that a child has

been abused shall report or cause reports of that abuse to be made as provided in this

Code section:

(A) Physicians licensed to practice medicine, interns, or residents;

(B) Hospital or medical personnel;

FRIDAY, MARCH 9, 1990

2783

(C) Dentists; (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43; (E) Podiatrists; (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43; (G) Professional counselors, social workers, licensed pursuant to Chapter 10A of Title 43; (H) Schoolteachers; (I) School administrators; (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20; (K) Child welfare agency personnel, as that agency is defined pursuant to Code Section 49-5-12; (L) Child-counseling personnel; (M) Child service organization personnel; or
(N) Law enforcement personnel.
(2) If a person is required to report abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as a member of the staff of a hospital, school, social agency, or similar facility, that person shall notify the per son in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code sec tion. A staff member who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection,
(d) Any other person, other than one specified in subsection (c) of this Code section, who has reasonable cause to believe that a child is abused may report or cause reports to be made as provided in this Code section.
{e} (e) An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse; sexual assault, er sexual exploitation is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shall, if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority.
{d} (f) Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of a report or causing a report to be made to a child welfare agency providing protective services or to an appropriate police authority pursuant to this Code section or any other law or participating in any judicial proceed ing or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section or any other law is made in good faith. Any person making a report, whether required by this Code section or not, shall be immune from liability as provided in this subsection.
(g) Suspected child abuse which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to

2784

JOURNAL OF THE HOUSE,

believe such abuse has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law.
{e} (h) Any person or official required by subsection (c) of this Code section to report a suspected case of child abuse who knowingly and willfully fails to do so shall be guilty of a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Smyre of the 92nd moved that the House adopt the report of the Committee of Conference on HB 1316.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis,G Y Davis,M Y Dixon.H Y Dixon,S YDobbs Y Dover Y Dunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover
Y Hamilton Y Banner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 171, nays 0. The motion prevailed.

McKinney.B Y McKinney.C
Y Meadows
YMUam Y Mobley Y Moody YMorton Y Moultrie Y MueUer
Y Oliver.C Y Oliver.M
YOrr YOrrock Y Padgett Y Pannell
YParham YParrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T
Y Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens YStreat YTeper Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs
YVaughan Y Waddle Y Walker.C Y WalkerJ, Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J
YYates Y Yeargin
Murphy,Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitutes to the following Bills of the House:

HB 1742.

By Representative Godbee of the 110th:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Anno tated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.

FRIDAY, MARCH 9, 1990

2785

HB 1280. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to con sider personnel disciplinary actions before the State Personnel Board con cerning records of child abuse and deprivation.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1317.

By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to pro vide for definitions; to provide for the purpose of such registry.

Representative Smyre of the 92nd moved that the House insist on its position in amending the Senate substitute to HB 1317 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smyre of the 92nd, Oliver of the 53rd and Robinson of the 96th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1318.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such commit tees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoe-

Representative Smyre of the 92nd moved that the House insist on its position in amending the Senate substitute to HB 1318 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:

2786

JOURNAL OF THE HOUSE,

Representatives Smyre of the 92nd, Oliver of the 53rd and Robinson of the 96th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1319. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for defi nitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.

Representative Smyre of the 92nd moved that the House insist on its position in amending the Senate substitute to HB 1319 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smyre of the 92nd, Oliver of the 53rd and Robinson of the 96th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commis sion, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

Representative Aiken of the 21st moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1521 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Isakson of the 21st, Green of the 106th and Aiken of the 21st.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

FRIDAY, MARCH 9, 1990

2787

HB 1280. By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to con sider personnel disciplinary actions before the State Personnel Board con cerning records of child abuse and deprivation.

Representative Thomas of the 69th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1280 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 69th, Baker of the 51st and Lawson of the 9th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1763.

By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the juris diction, powers, duties, authority, and control of the Public Service Commis sion shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the con struction and operation of rapid rail passenger service lines generally.

Representative Alford of the 57th moved that the House insist on its position in amending the Senate substitute to HB 1763 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Alford of the 57th, Pettit of the 19th and Watson of the 114th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th, Colwell of the 4th, McDonald of the 12th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of con trolled substances or marijuana; to provide for disposition of such real prop erty.

2788

JOURNAL OF THE HOUSE,

Representative Twiggs of the 4th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1223 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Twiggs of the 4th, Jackson of the 83rd and Groover of the 99th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1742.

By Representative Godbee of the 110th:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Anno tated, relating to the marking of all dentures and other removable prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.

Representative Godbee of the 110th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1742 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Godbee of the 110th, Athon of the 57th and Balkcom of the 140th.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1523.

By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.

The following Senate substitute was read:

A BILL
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new Code Section 15-6-4.1 to read as follows:

FRIDAY, MARCH 9, 1990

2789

"15-6-4.1. Superior court judges shall be elected as provided in this chapter and in Chapter 2 of Title 21."
Section 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended by adding a new Code Section 21-2-138.1 to read as follows:
"21-2-138.1. Superior court judges shall be elected as provided in this chapter and in Chapter 6 of Title 15."
Section 3. This Act shall become effective on June 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House disagree to the Senate sub stitute to HB 1523.
The motion prevailed.

Representative Bishop of the 94th arose to a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 1498.

By Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in which the judgment is $10,000.00 or less shall be taken as provided in such Code section.

The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Peevy of the 48th and Allgood of the 22nd.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1204. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registra tion and election.

The President has appointed on the part of the Senate the following: Senators Baldwin of the 29th, Parker of the 15th and Starr of the 44th.

2790

JOURNAL OP THE HOUSE,

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1350. By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Anno tated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.

The President has appointed on the part of the Senate the following: Senators Taylor of the 12th, Fuller of the 52nd and Peevy of the 48th.

Representative Clark of the 55th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 706. By Senator Langford of the 35th:
A bill to amend Code Section 36-30-3 of the Official Code of Georgia Anno tated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authority of any municipal corpora tion in this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census to autho rize the mayor to execute certain contracts on behalf of such municipal cor poration with public or private entities.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authority of any municipal corporation in this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census; to authorize the mayor to execute certain contracts on behalf of such munici pal corporation with public or private entities to support certificates of participation in a principal amount of not more than $100 million, for periods not exceeding 50 years and for valuable consideration with respect to property or facilities used for criminal justice purposes and located within the downtown development area of such municipal corpora tion; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
"(c) (1) The governing authorities of municipal corporations having a population of not less than 400,000 according to the United States decennial census of 1980 or any future such census may, on behalf of such municipal corporations, authorize the mayor to enter into contracts with private or public entities not involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such pri vate and public entities for periods not exceeding 50 years and for a valuable consider ation, which contracts shall be binding on such municipal corporations and on such

FRIDAY, MARCH 9, 1990

2791

authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, restaurants, or office or other commercial use, or for residential use, or with respect to property or facilities used for nonprofit museum purposes, which property or facilities are located in its downtown develop ment area, as defined in paragraph (3) of Code Section 36-42-3; and to authorize the mayor to include in any such contracts for use of property which is located in a down town development area and is in or contiguous to an urban redevelopment area estab lished pursuant to Chapter 61 of this title or to enter into amendments to any such existing or future contracts for use of property which is located in such areas in order to include terms and conditions which provide for renewals or extensions of the term of such contracts for a period of time not to exceed an additional 50 years. The limita tion involving the incurring of indebtedness by such municipal corporations or security for indebtedness of such private and public entities shall not apply to contracts for the use of property for nonprofit museum purposes, nor shall such limitation apply to contracts for the leasing, subleasing, maintenance, or management of property or facilities which, in addition to being located in a downtown development area, are also located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law.'
(2) The governing authorities of any municipal corporation in this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census may authorize the mayor to execute contracts on behalf of such municipal corporation for periods not exceeding 50 years and for valuable consid eration with public or private entities to support certificates of participation in a prin cipal amount of not more than $100 million, which contracts shall be for the development, construction, leasing, subleasing, maintenance, or management of prop erty or facilities used for criminal justice purposes and located within the downtown development area of such municipal corporation as defined in paragraph (3) of Code Section 36-42-3 and shall be binding on such municipal corporation and such authori ties and their successors."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron
Barnett,B Y Barnett.M Y Bates
Beck Y Benefield
Benn
Birdsong Y Bishop Y Bostick

Y Branch
Y Breedlove Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks
Y Childers
Y Clark,B Y Clark.H
Clark,L Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby

Y Cummings.B
Y Cummings,M Y Davis,C Y Davis,G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin

Y Groover
Y Hamilton Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson
Y Irwin
Y Isakson Y Jackson,J Y Jackson.W
Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston

Y Lane,D
Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy
Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody N Morton

2792

JOURNAL OF THE HOUSE,

Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Y Pettit
Y Pinkston

YPoag
Porter
YPoston Y Powell YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson
Y Royal

YSelman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley YSteele

Y Stephens
Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson Y Thunnond
Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan Y Waddle

Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
Y White Y Wilder Y WiUiams,B
Y WiUiams,J Y Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker announced the House in recess until 1:39 o'clock this afternoon.

FRIDAY, MARCH 9, 1990

2793

AFTERNOON SESSION

The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
SB 519. By Senators Edge of the 28th, Dawkins of the 45th and Howard of the 42nd:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide for the preparation of hazardous waste reduction plans by hazardous waste generators and for annual progress reports in connection therewith.
The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, known as the "Georgia Hazardous Waste Management Act," so as to provide for additional definitions; to provide for the preparation of hazardous waste reduction plans by hazardous waste generators and for biennial progress reports in connection therewith; to provide that out-of-state hazardous waste generators storing, treating, or disposing of hazardous waste within this state shall prepare hazardous waste reduction plans and bien nial progress reports; to provide for certain certifications; to provide for criminal penalties; to provide for applicability; to change the provisions relating to the preemption of other laws and local ordinances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, known as the "Georgia Hazardous Waste Management Act," is amended by adding in Code Section 12-8-62, relating to definitions, new paragraphs (10.2) and (17) to read, respectively, as follows:
"(10.2) 'Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute hazardous waste or 2,200 pounds or more of hazardous waste in one month, as defined in the Rules for Hazardous Waste Management, Chapter 391-3-11 of the Board of Natural Resources."
"(17) 'Waste reduction' means a practice, other than dewatering, dilution, or evapora tion, by an environmental waste generator, including changes in production technology, materials, processes, operations or procedures or use of in-process, in-line, or closed loop recycling according to standard engineering practices, that reduces the environmental and health hazards associated with waste without diluting or concentrating the waste before release, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exits a production or commercial operation. Waste reduction shall not in any way be inferred to promote, include or require:
(A) Waste burning in industrial furnaces, boilers, or cement kilns; (B) Transfer of an environmental waste from one environmental medium to another environmental medium (otherwise known as waste shifting); (C) Conversion of a potential waste into another form for use in a production pro cess or operation without serving any substantial productive function; (D) Off-site waste recycling; or (E) Any other method of end-of-pipe management of environmental wastes."

2794

JOURNAL OF THE HOUSE,

Section 2. Said article is further amended by adding immediately following Code Section 12-8-65 new Code Sections 12-8-65.1, 12-8-65.2, 12-8-65.3, and 12-8-65.4 to read as follows:
"12-8-65.1. (a) By not later than March 1, 1992, large quantity hazardous waste generators shall develop hazardous waste reduction plans and submit such plans to the director. At a minimum, the plans shall include:
(1) A written policy articulating upper management and corporate support for the generator's hazardous waste reduction plan and a commitment to implement plan goals;
(2) The scope and objectives of the plan, including the evaluation of technologies, procedures, and personnel training programs to ensure unnecessary hazardous waste is not generated and specific goals for hazardous waste reduction, based on what is technically and economically practical;
(3) Internal analysis of hazardous waste streams, with periodic hazardous waste reduction assessments, to review individual processes or facilities and other activities where hazardous waste may be generated and identify opportunities to reduce or elim inate hazardous waste generation; such assessments shall evaluate data on the types, amount, and hazardous constituents of hazardous waste generated, where and why that hazardous waste was generated within the production process or other operations, and potential hazardous waste reduction and recycling techniques applicable to those hazardous wastes;
(4) Hazardous waste accounting systems that identify hazardous waste manage ment costs and factor in liability, compliance, and oversight costs to the extent techni cally and economically practical;
(5) Employee awareness and training programs, to involve employees in hazardous waste reduction planning and implementation to the maximum extent feasible;
(6) Institutionalization of the plan to ensure an ongoing effort as demonstrated by incorporation of the plan into management practice and procedures; and
(7) Implementation of technically and economically practical hazardous waste reduction options, including a plan for implementation.
(b) As part of each hazardous waste reduction plan developed under subsection (a) of this Code section, each large quantity hazardous waste generator shall establish spe cific performance goals for the reduction of hazardous waste. Wherever technically and economically practical, the specific performance goals established under this subsection shall be expressed in numeric terms. If the establishment of numeric performance goals is not practical, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as practical. Each large quantity hazardous waste generator shall explain the rationale for each performance goal. The rational for a particular performance goal shall address any impediments to hazardous waste reduction, including but not limited to the following:
(1) The availability of technically practical hazardous waste reduction methods, including any anticipated changes in the future;
(2) Previously implemented reductions of hazardous waste; and
(3) The economic practicability of available hazardous waste reduction methods, including any anticipated changes in the future. (c) Examples of situations where hazardous waste reduction may not be economically
practical as provided for in paragraph (3) of subsection (b) of this Code section include
but are not limited to: (1) For valid reasons of priority, a particular company may choose first to address
other more serious hazardous waste reduction concerns; (2) Necessary steps to reduce hazardous waste are likely to have significant
adverse impacts on product quality; or (3) Legal or existing contractual obligations interfere with the necessary steps that
would lead to hazardous waste reduction.
(d) All large quantity hazardous waste generators shall complete biennially a hazard
ous waste reduction progress report. A biennial progress report shall:

FRIDAY, MARCH 9, 1990

2795

(1) Analyze and quantify progress made, if any, in hazardous waste reduction, rela tive to each performance goal established under subsection (b) of this Code section; and
(2) Set forth amendments to the hazardous waste reduction plan and explain the need for the amendments. (e) The board may adopt and promulgate such rules and regulations as may be nec essary to further define and implement the provisions of this Code section and Code Section 12-8-65.2, provided such rules and regulations are supplemental to and not in conflict with this Code section and Code Section 12-8-65.2.
12-8-65.2. (a) All large quantity hazardous waste generators shall complete and sub mit to the director a hazardous waste reduction plan on or before March 1, 1992. The plans shall be updated and progress reported on a biennial basis thereafter. The first updated biennial report shall be due in 1994 and shall be submitted to the director as prescribed in rules or regulations adopted by the board.
(b) Subject to available funding, the Georgia Institute of Technology shall provide technical assistance, if requested, to hazardous waste generators in reducing the amount and toxicity of hazardous waste generated, in preparing hazardous waste reduction plans, and in preparing biennial progress reports.
(c) The director shall maintain a copy of each hazardous waste reduction plan and biennial progress report received. This information shall be available to the public at the director's or the division's office.
12-8-65.3. (a) For the purposes of this Code section, 'out-of-state generator' means any large quantity hazardous waste generator generating hazardous waste at a location
outside the State of Georgia. (b) As a condition of allowing any out-of-state generator to store, treat, or dispose
of hazardous waste at a hazardous waste disposal facility located within the State of
Georgia, such out-of-state generator shall prepare and submit to the director upon his request a hazardous waste reduction plan and biennial hazardous waste reduction progress reports in substantial compliance with the requirements of Code Sections
12-8-65.1 and 12-8-65.2. (c) No hazardous waste disposal facility shall accept hazardous waste from an out-of-
state generator unless the out-of-state generator presents to the owner or operator of the
hazardous waste facility certification that the out-of-state generator is in compliance with the provisions of subsection (b) of this Code section. Such certification shall be made under oath or affirmation of the person making such certification that the con
tents of such certification are true and shall be made by a corporate officer, partner, or owner of such generator. It shall be unlawful to make a false statement on such certifica tion and the making of a false statement shall be punishable as an act of false swearing
under Code Section 16-10-71. (d) The requirements of Code Sections 12-8-65.1 and 12-8-65.2 and of subsections
(a), (b), and (c) of this Code section shall not apply to any hazardous waste generator which is a generator as a consequence of any remediation or cleanup programs con ducted either voluntarily or through legal actions under either the Resource Conserva
tion and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, or the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (Public Law 96-510), as amended, and shall not apply to a commercial haz ardous waste treatment, storage, or disposal facility upon certification to the director
that because of the nature of its business operation or process such facility cannot meet the waste reduction requirment prescribed under Code Sections 12-8-65.1 and 12-8-65.2
and subsections (a), (b), and (c) of this Code section. Such certification shall be made under oath or affirmation of the person making such certification that the contents of such certification are true and shall be made by a corporate officer, partner, or owner
of such facility. It shall be unlawful to make a false statement on such certification and the making of such false statement shall be punishable as an act of false swearing under Code Section 16-10-71.
12-8-65.4. Nothing contained in Code Sections 12-8-65.1 through 12-8-65.3 or Code
Section 12-8-66 shall require a duplication of reporting requirements under this article as it existed prior to July 1, 1990."

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Section 3. Said article is further amended by striking subsection (h) of Code Section 12-8-66, relating to permits for the construction and operation of hazardous waste facili ties, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows:
"(h) (1) Upon the first receipt of an application for a hazardous waste facility per mit, the director, within 15 days, shall provide to the government of the county in which the facility is located or is proposed to be located, and shall provide to each city government located wholly or partially within that county, and to the government of each county and city having territorial boundaries within two miles of the hazard ous waste facility or proposed hazardous waste facility, a written notice indicating that an application has been received and describing the hazardous waste activities the applicant proposes to conduct. Within a 30 day period after first receipt of such appli cation, the director shall also publish in at least one local newspaper of general circu lation in the county a public notice that an application for a hazardous waste facility permit has been received. A public hearing shall be held if such is requested in writing within 30 days after receipt or publication of notification and is requested by 25 or more persons who claim to be affected by the pending permit application, by a gov ernmental subdivision, or by an association having not fewer than 25 members. If requested, the public hearing shall be conducted at the county seat of the county in which the hazardous waste facility is proposed to be located. At least 45 days prior to the date of the public hearing, the director shall provide written notice to the vari ous local governmental subdivisions and other interested parties in the locality in which the proposed facility may be located that a public hearing has been requested, which written notice shall also include the date, time, location, and purpose of the public hearing. The date, time, location, and purpose of such public hearing shall be advertised in the legal organ of the county in which the facility is proposed at least 45 days in advance of the date set for the hearing. Such public hearings shall be held for the purpose of receiving comments and suggestions concerning the location and requirements for the operation of a hazardous waste facility. The director shall con sider fully all written and oral submissions regarding the proposed facility and the pending application."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken Alford
Y Alien Athon
Y Atkins Bailey
Y Baker Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett.M
Y Bates YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Branch Y Breedlove

Brooks
Brown YBuck
Buford Byrd Y Campbell Carrell
Y Carter Chambless Chance
Y Cheeks Y Childers
Clark.B
Y Clark,H Y Clark.L
Coleman Y Colwell Y Connell
Couch
Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis,C
Davis,G

Y Davis,M
Y Dixon.H
Y Dixon.S Y Dobbs
Dover YDunn
Edwards Y Ehrhart
Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris
Y Hasty Y Heard

Y Herbert
Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson
Ylrwin Isakson
Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford
Lawrence YLawson YLee Y Linder
Long

NLord Y Lucas Y Lupton
Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C
Meadows YMilam Y Mobley
Y Moody Y Morton
Y Moultrie Mueller
Y Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Panned
Parham YParrish

FRIDAY, MARCH 9, 1990

2797

Patten Pettit Pinkston Y Poag
Y Porter YPoston Y Powell
Randall Ransom Ray
Reaves

Redding Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson
Sinkfield Y Smith,L YSmith,P
Smith,T

Y Smith,W Smyre Snow
Y Stancil,F
Y Stancil,S Stanley Steele Stephens
Y Streat Teper
Y Thomas,C

Thomas.M Y Thompson
Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan
Waddle Y Walker.C
Walker,L

Y Wall Y Ware
Watson Watts
White Y Wilder
Williams.B Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 111, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Edwards of the 112th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House, favorably reported by the Committee on Rules, was taken up for consideration:

HR 648. By Representative Murphy of the 18th

A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; to amend HR 3 adopted at the 1989 session; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that HR 3 adopted by the House at the 1989 regular session is amended by striking Section 4-1 and inserting in its place a new Section 4-1 to read as follows:
"Section 4-1. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: the Speaker of the House, the Speaker Pro Ternpore, the Majority Leader, the Minority Leader, the Administration Floor Leader, the Assistant Administration Floor Leaders, the chairman of each standing committee, and the vice chairman of each standing committee. For each such day spent on official busi ness each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader and the vice chairman of each standing committee shall not receive the same for more than 12 days each year."
BE IT FURTHER RESOLVED BY THE HOUSE OF REPRESENTATIVES that the provisions of HR 3 adopted by the House at the 1989 regular session, as amended by this resolution, shall be in effect during the 1990 regular session of the General Assembly of Georgia, during any period of adjournment during the 1990 regular session, during the period following final adjournment of the 1990 regular session until the convening of the 1991 regular session, during any special session prior to the 1991 regular session, and until otherwise provided for by resolution of the House.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE,

A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; to provide for the continuing applicability of HR 3 adopted at the 1989 session; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the provisions of HR 3 adopted by the House of Representatives at the 1989 regular session shall be in effect during the period following final adjournment of the 1990 regular session until the convening of the 1991 regular session, during any special session prior to the 1991 regular session, and until otherwise provided for by resolution of the House of Representatives.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken Alford Y Alien Athon Y Atkins Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Bainett,M Y Bates YBeck
Y Benefield
Benn
Birdsong Y Bishop Y Bostick
Branch Y Breedlove
Brooks Brown
YBuck Buford Byrd
Y Campbell Carrell
Y Carter
Chambless Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C
Davis.G Davis.M Y Dixon.H Y Dixon.S Dobbs Y Dover Dunn Edwards
Y Ehrhart Felton
Y Fennel
Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Linder
Long YLord Y Lucas Y Lupton
Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C
Y Meadows Milam
Y Mobley Moody
Y Morton Y Moultrie
Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Pettit Pinkston YPoag
Y Porter YPoston Y Powell
Randall Ransom Ray
Y Reaves Redding Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith.L Y Smith,P
Smith.T
Y Smith.W Smyre
Snow
Stancil.F Y Stancil,S
Stanley
Y Steele Stephens
Y Streat Teper
Y Thomas.C Thomas.M
Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs
Y Vaughan Waddle
Y Walker.C Walker,L
Y Wall Y Ware
Watson Watts White Y Wilder Williams.B Williams.J
Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, by substitute, the ayes were 115, nays 0. The Resolution was adopted, by substitute.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 728. By Senator Foster of the 50th:
A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Anno tated, relating to the regulation of child labor, so as to authorize the employ ment of certain minors in the care and maintenance of lawns, gardens, and shrubbery if such minor is covered either by an accident and sickness insur ance plan or a workers' compensation insurance plan and if certain other conditions are met.

FRIDAY, MARCH 9, 1990

2799

The following substitute, offered by Representatives Jamieson of the llth and Dover of the llth, was read and adopted:

A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that volunteers of an emergency management or civil defense organization, emergency medical service, or rescue organization and per sons certified as medical first responders may be covered employees under certain condi tions; to provide for construction; to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employ ment of certain minors in the care and maintenance of lawns, gardens, and shrubbery if such minor is covered either by an accident and sickness insurance plan or a workers' com pensation insurance plan and if certain other conditions are met; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relating to the definition of an employee, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as hereinafter provided otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; pro vided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other per sons to whom compensation may be payable pursuant to this chapter. All firemen ad j policemen2 and personnel of emergency management or civil defense agencies, emer gency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all fulltime county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appro priate resolution for inclusion of such volunteer firefighterst There shall afee be included within such term ; any volunteer law enforcement personnel of any county or municipal ity of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; ; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state but only for volunteer services, which are not prohibited by Code Section 38-3-36, rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appro priate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Human Resources or the Composite State Board of Med ical Examiners and registered with any county or municipality of this state as a medical first responder, but only for first responder services rendered to such county or munici pality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing

2800

JOURNAL OF THE HOUSE,

authority of an individual county shall also be included in this definition, if the govern ing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article."
Section 2. Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, is amended by striking Code Section 39-2-11.1, relating to the employment of certain minors during school vacation months for care of lawns, gar dens, and shrubbery, in its entirety and inserting in its place a new Code Section 39-2-11.1 to read as follows:
"39-2-11.1. Notwithstanding any other provision of this chapter or any rule or regula tion of the Commissioner of Labor adopted pursuant to the provisions of Code Section 39-2-2 to the contrary, a minor 14 years of age or over may be employed during the months of vacation from school in the care and maintenance of lawns, gardens, and shrubbery owned or leased by the employer of such minor, including the operation of equipment in connection therewith, provided the minor is covered by an accident and sickness insurance plan or a workers' compensation insurance policy or plan provided by the employer, the minor presents the employer with the certificate required by Code Section 39-2-11, and the minor is permitted by the employer to care for and maintain only those lawns, gardens, and shrubbery owned or leased by the employer. The work authorized by this Code section includes the care and maintenance of lawns, gardens, and shrubbery on the grounds of mills or factories described in Code Section 39-2-1 and on the grounds of any other factory, mill, or business where employment of the minor within the factory, mill, or business might be prohibited by this chapter or by rules and regulations of the Commissioner of Labor."
Section 3. Nothing in Section 1 of this Act shall be construed so as to repeal or mod ify any provision of Articles 1, 2, and 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, the "Georgia Emergency Management Act of 1981," as amended.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken
Y Alford Y Alien
Athon Y Atkins
Bailey
Y Baker Y Balkcom Y Bannister

Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beck Y Benefield
Benn Birdsong
Y Bishop Y Bostick
Branch

Y Breedlove
Brooks Brown Y Buck
Buford Byrd Y CampbeU Carrell Carter
Y Chambless Chance
Y Cheeks

Y Childers
Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford
Y Crosby Cummings,B Cummings,M

Y Davis,C
Davis.G Y Davis,M Y Diion.H
Y Diion,S Dobbs
Y Dover Dunn Edwards
Y Ehrhart Felton
Y Fennel

FRIDAY, MARCH 9, 1990

2801

FloydJ.M
YFloyd,J.W Y Foster YGodbee Y Goodwin Y Green YGreene
Gresham Y Griffin
Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard Y Herbert
Holcomb Y Holland
Holmes Y Hooks YHowren Y Hudson Ylrwin Ylsakson

Y Jackson,J
YJackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Linder
Long Lord Y Lucas
Lupton Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney,B
McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M Y Orr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Pettit Pinkston Y Poag Y Porter Y Poston Y Powell

Randall
Ransom Ray Y Reaves Redding Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W Smyre Snow
Y Stancil,F Y StanciLS
Stanley Y Steele
Stephens Y Streat

Teper
Y Thomas.C Thomas,M
Y Thompson Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Waddle Y Walker.C
Walker,L Y Wall Y Ware Y Watson
Watts White
Y Wilder Williams.B Williams^
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

Representative Twiggs of the 4th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 951 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Twiggs of the 4th, Colwell of the 4th and Holcomb of the 72nd.

Representative Mangum of the 57th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 411 Do Pass, by Substitute

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JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Mangum of the 57th
Chairman

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Anno tated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delin quent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Correc tions.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delinquent child committed to the depart ment is alleged to have committed a certain criminal offense while in the department's custody, the department may petition the court of original jurisdiction to have such child transferred to the superior court and sentenced to the custody of the Department of Cor rections; to provide for a hearing, for a determination as to whether a transfer to the supe rior court is warranted, and for the disposition of the child; to authorize the department under certain conditions to petition a court to issue a warrant for the arrest of a child committed to the department who commits a criminal act; to provide that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction; to provide certain conditions; to provide exceptions; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that a juvenile transferred to superior court according to Code Section 15-11-39 and convicted of any of certain crimes against an employee or resident of a youth development center may be sentenced to the Department of Corrections; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department a certified copy of the order of commit ment and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect to the case. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department.
(2) At any time a delinquent child committed to the department is alleged to have committed the offense of murder, voluntary manslaughter, aggravated assault, or

FRIDAY, MARCH 9, 1990

2803

aggravated battery, as defined in Chapter 5 of Title 16, while a resident at a youth development center, the department may petition the court of original jurisdiction to have such child transferred to the superior court and sentenced to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections. The court, after a hearing, shall determine if transfer to the superior court is warranted and any other appropriate disposition of such child in accordance with Code Section 15-11-39.
(3) At any time a delinquent child committed to the department commits an act which violates any provision of Title 16, the 'Criminal Code of Georgia,' the depart ment may petition any court of competent jurisdiction to issue a warrant for the arrest of such child for such violation."
Section 2. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-39, relating to the transfer of cases from the juvenile court to another court, and inserting in lieu thereof a new Code Section 15-11-39 to read as follows:
"15-11-39. (a) Except as otherwise provided in subsection (b) of this Code section, after After a petition has been filed alleging delinquency based on conduct which is des ignated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hear ing;
(3) The court in its discretion determines there are reasonable grounds to believe that:
(A) The child committed the delinquent act alleged; (B) The child is not committable to an institution for the mentally retarded or mentally ill; and (C) The interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and (4) The child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution. (b) After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits shall transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if: (1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31; (2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hear ing; (3) The court in its discretion determines there are reasonable grounds to believe that the child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16; and (4) The child was at least 15 years of age at the time of the alleged delinquent conduct or the child was .13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution. fb) (c) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition. {e} (d) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section.

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JOURNAL OF THE HOUSE,

fd) (e) Statements made by the child at any hearing under this article are not admissible against him over objection in the criminal proceedings following the trans fer."
Section 3. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedure for sentencing and imposition of punishment generally, is amended by striking in its entirety Code Section 17-10-14, relating to where persons who are under 17 years of age and who have been convicted of felonies are committed, and inserting in lieu thereof a new Code Section 17-10-14 to read as follows:
"17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence in a detention center of such division until such person is 18 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections.
(b) If a juvenile is transferred to superior court according to subsection (b) of Code Section 15-11-39 and convicted of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16, the court may sentence such juvenile to the Department of Corrections."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Colwell of the 4th, was read and adopted:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide a definition of incorrigible child; to provide for the right to counsel of a child who has been determined by the Department of Human Resources to be incorrigible; to provide that the prohibition against the commit ment of a child to a penal institution shall not be construed as prohibiting the transfer of certain children to the custody of the Department of Corrections; to provide that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction; to provide certain conditions; to provide exceptions; to provide for the access of authorized representatives of the Department of Corrections to certain juvenile records and records of the Department of Human Resources; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment generally, so as to provide that a juvenile transferred to superior court according to Code Section 15-11-39 and convicted of any of certain crimes committed while confined to a youth development center may be sentenced to the Department of Corrections; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services adminis tered by the Department of Human Resources, so as to provide that at any time a delin quent child committed to the department is alleged to have committed a certain criminal offense while in the department's custody, the department may petition the court of origi nal jurisdiction to have such child transferred to the superior court and sentenced to the custody of the Department of Corrections; to provide for a hearing, for a determination as to whether a transfer to the superior court is warranted, and for the disposition of the child; to authorize the department under certain conditions to petition a court to issue a warrant for the arrest of a child committed to the department who commits a criminal act; to provide for evaluations of delinquent children; to provide for reevaluations; to provide

FRIDAY, MARCH 9, 1990

2805

for cases in which evaluations or revaluations of a child have not been made by the department; to provide for records and confidentiality of evaluations and reevaluations; to provide that a child who has been determined incorrigible by the Department of Human Resources may be transferred to the custody of the Department of Corrections; to provide for rules and regulations; to provide for judicial proceedings prior to the transfer of a child; to provide for periodic review of children who have been determined to be incorrigi ble; to provide for the discharge of children to the Department of Human Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by adding immediately following para graph (8) of Code Section 15-11-2, relating to definitions used in relation to juvenile proceedings, a new paragraph (8.1) to read as follows:
"(8.1) 'Incorrigible child' means those young offenders who are under the supervision of the Youth Services Division of the Department of Human Resources and who require a special management approach due to one or more of the following factors:
(A) Heinous nature of the crime committed by the child; (B) Assaultive or significantly disruptive behavior on the part of the child; or (C) History of escape or escape attempts."
Section 2. Said Article 1 of Chapter 11 of Title 15 is further amended by striking subsection (b) of Code Section 15-11-30, relating to the right to counsel, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) Except as otherwise provided under this article, a party is entitled to represen tation by legal counsel at all stages of any proceedings alleging delinquency, unruliness, incorrigibility, or deprivation and if, as an indigent person, he is unable to employ coun sel, he is entitled to have the court provide counsel for him. If a party appears without counsel, the court shall ascertain whether he knows of his right to counsel and to be pro vided with counsel by the court if he is an indigent person. The court may continue the proceeding to enable a party to obtain counsel and shall provide counsel for an unrepre sented indigent person upon his request. Counsel must be provided for a child not repre sented by his parent, guardian, or custodian. If the interests of two or more parties conflict, separate counsel shall be provided for each of them."
Section 3. Said Article 1 of Chapter 11 of Title 15 is further amended by striking subsection (c) of Code Section 15-11-38, relating to the nature and effect of adjudication and the prohibition of commitment of a child to a penal institution, in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) A child shall not be committed to a penal institution or other facility used pri marily for the execution of sentences of persons convicted of a crime \ provided, how ever, this subsection shall not be construed as prohibiting the transfer of a child from the custody of the Department of Human Resources to the custody of the Department of Corrections as provided in subparagraph (a)(5)(D) of Code Section 49-5-7 or Code Section 49-5-10.1."
Section 4. Said Article 1 of Chapter 11 of Title 15 is further amended by striking in its entirety Code Section 15-11-39, relating to the transfer of cases from the juvenile court to another court, and inserting in its place a new Code Section 15-11-39 to read as follows:
"15-11-39. (a) Except as otherwise provided in subsection (b) of this Code section, after After a petition has been filed alleging delinquency based on conduct which is des ignated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31;

2806

JOURNAL OF THE HOUSE,

(2) Notice in writing of the time, place, and purpose of the hearing is given to the

child and his parents, guardian, or other custodian at least three days before the hear

ing;

(3) The court in its discretion determines there are reasonable grounds to believe

that:

(A) The child committed the delinquent act alleged;

(B) The child is not committable to an institution for the mentally retarded or

mentally ill; and

(C) The interests of the child and the community require that the child be

placed under legal restraint and the transfer be made; and

(4) The child was at least 15 years of age at the time of the alleged delinquent

conduct or the child was 13 or 14 years of age and committed an act for which the

punishment is loss of life or confinement for life in a penal institution.

(b) After a petition has been filed alleging delinquency based on conduct which is

designated a crime or public offense under the laws, including local ordinances, the court

before hearing the petition on its merits shall transfer the offense for prosecution to the

appropriate court having jurisdiction of the offense if:

(1) A hearing on whether the transfer should be made is held in conformity with

Code Sections 15-11-28, 15-11-30, and 15-11-31;

~ ~~

(2) Notice in writing of the time, place, and purpose of the hearing is given to the

child and his parents, guardian, or other custodian at least three days before the hear

ing;

(3) The court in its discretion determines there are reasonable grounds to believe

that the child while confined to a youth development center committed the offense

of murder, voluntary manslaughter, aggravated assault, or aggravated battery as

defined in Chapter 5 of Title 16; and

(4) The child was at least 14 years of age at the time of the alleged conduct

described in paragraph (3) of this subsection.

{b) (c) The transfer terminates the jurisdiction of the juvenile court over the child

with respect to an adjudication of delinquency as to the delinquent acts alleged in the

petition.

{} (d) No child, either before or after reaching 17 years of age, shall be prosecuted

for an offense previously committed unless the case has been transferred as provided in

this Code section.

{d} (e) Statements made by the child at any hearing under this article are not

admissible against him over objection in the criminal proceedings following the trans

fer."

Section 5. Said Article 1 of Chapter 11 of Title 15 is further amended by striking Code Section 15-11-58, relating to the inspection of juvenile court files and records, in its entirety and inserting in its place a new Code Section 15-11-58 to read as follows:
"15-11-58. Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recog nized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those condi tions. The judge shall permit authorized representatives of the Department of Human ResourceSj the Department of Corrections, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."

Section 6. Said Article 1 of Chapter 11 of Title 15 is further amended by striking subsection (d) of Code Section 15-11-59, relating to the maintenance and inspection of juvenile law enforcement records, in its entirety and inserting in its place a new subsection (d) to read as follows:

FRIDAY, MARCH 9, 1990

2807

"(d) The court shall allow authorized representatives of the Department of Human ResourceSj the Department of Corrections, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on juve niles."
Section 7. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Anno tated, relating to procedure for sentencing and imposition of punishment generally, is amended by striking in its entirety Code Section 17-10-14, relating to where persons who are under 17 years of age and who have been convicted of felonies are committed, and inserting in lieu thereof a new Code Section 17-10-14 to read as follows:
"17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence in a detention center of such division until such person is 18 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections.
(b) If a juvenile is transferred to superior court according to subsection (b) of Code Section 15-11-39 and convicted of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16, the court may sentence such juvenile to the Department of Corrections."

Section 8. Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services administered by the Department of Human Resources, is amended by striking subsections (c) and (d) of Code Section 49-5-10, relating to the commitment of delinquent or unruly children to the Department of Human Resources, in their entirety and inserting in their respective places new subsections (c) and (d) to read as follows:
"(c) (1) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department a certified copy of the order of commit ment and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect to the case. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department.
(2) At any time a delinquent child committed to the department is alleged to have committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery, as defined in Chapter 5 of Title 16, while a resident at a youth development center, the department may petition the court of original jurisdiction to have such child transferred to the superior court and sentenced to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections. The court, after a hearing, shall determine if transfer to the superior court is warranted and any other appropriate disposition of such child in accordance with Code Section 15-11-39.
(3) At any time a delinquent child committed to the department commits an act which violates any provision of Title 16, the 'Criminal Code of Georgia,' the depart ment may petition any court of competent jurisdiction to issue a warrant for the arrest of such child for such violation.
(d) (1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and study evaluate the child and investigate all pertinent circumstances of his life and behavior. Such examination and evaluation of the child shall occur over a period of not more than 15 days and the evaluation shall include, but not be limited to, the education level of the child, skills or talents, social problems, and potential

2808

JOURNAL OF THE HOUSE,

education or job training, including goals. The department shall make periodic reexaminations and reevaluations of all delinquent or unruly children within its control, except those on release under supervision of the department or placed in foster homes by the department. Such reexaminations and reevaluations may be made as frequently as the department considers desirable and shall be made with respect to every child at intervals not exceeding one year. Failure of the department to examine and evalu ate a delinquent or unruly child committed to it or to reexamine or reevaluate him within one year of a previous examination and evaluation shall not of itself entitle the child to discharge from control of the department but shall entitle the child to peti tion the committing court for an order of discharge; and the court shall discharge him unless the department, upon due notice, satisfies the court of the necessity of further control.
(2) The department shall keep written records of all examinations and , evalua tions, reexaminations, and reevaluations of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the department with respect to a delinquent or unruly child committed to the department shall not be public records but shall be privileged records and may be disclosed by direction of the com missioner pursuant to federal law in regard to disseminating juvenile criminal history records only to those persons having a legitimate interest therein and to authorized representatives of the Department of Corrections when such records relate to a child that has been transferred to the custody of the Department of Corrections; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles."
Section 9. Said Article 1 of Chapter 5 of Title 49 is further amended by adding immediately following Code Section 49-5-10, relating to the commitment of delinquent or unruly children, a new Code section, to be designated Code Section 49-5-10.1, to read as follows:
"49-5-10.1. (a) Any child committed to the Department of Human Resources who is determined to be incorrigible may be transferred to the custody of the Department of Corrections to be incarcerated in a specially commissioned institution for the housing and rehabilitation of incorrigible children.
(b) The Board of Human Resources shall promulgate, by rule and regulation, criteria to be utilized in determining whether a child is incorrigible as defined in Code Section 15-11-2. The Board of Human Resources shall be authorized to promulgate any other rules and regulations necessary to carry out the provisions of this Code section.
(c) After the department has made a determination that a child in its custody is incorrigible, the department may file a petition alleging incorrigibility with the juvenile or superior court having jurisdiction and the court shall fix a time for a hearing on the petition. Judicial proceedings under this Code section shall be held in accordance with the applicable procedural provisions of Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings. The court shall determine whether the criteria for transfer to the Department of Corrections have been met and whether transfer to the Department of Corrections is in the best interest of the child and the state. If the court determines that the criteria for transfer have been met and that such transfer is in the best interests of the child and the state, the court may order the transfer of the child to the custody of the Department of Corrections.
(d) The Department of Corrections shall establish, by rule or regulation, criteria for the periodic review of children in its custody and shall periodically review each child transferred to its custody for the purposes of determining whether the child continues to be incorrigible. Should the Department of Corrections determine that a child is no longer incorrigible and there no longer exists a need to incarcerate the child within the Department of Corrections, the child shall be transferred back to the custody of the Department of Human Resources. The Department of Corrections shall be authorized to promulgate any other rules and regulations necessary to carry out the provisions of this Code section.

FRIDAY, MARCH 9, 1990

2809

(e) All children shall be discharged at the appropriate time to the custody of the Department of Human Resources, which shall have responsibility for further intensive supervision or other appropriate aftercare as may be required or authorized by law."
Section 10. This Act shall become effective July'1, 1991.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark.L
Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson
Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas
Y Lupton Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney,B
McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Pinkston
YPoag Y Porter Y Postal Y Powell
Randall
Ransom Ray Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan
Waddle Y Walker.C Y Walker,L Y Wall Y Ware Y Watson
Watts Y White Y Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

HB 502. By Representatives Martin of the 26th, Oliver of the 53rd and Teper of the 46th:
A bill to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Condominium Act," so as to pro vide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condomin ium associations; to prohibit the disproportionate allocation of common expenses.

2810

JOURNAL OF THE HOUSE,

The following Senate amendments were read:

SENATE AMENDMENT No. 1
Amend HB 502 by striking in their entirety lines 1 through 3 on page 1, which read as follows:
"To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, known as the 'Georgia Condominium Act,' so as to provide for the resolution of,
and inserting in lieu thereof the following:
"To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the resolution of.
By adding on line 1 of page 2 between the semicolon and the word "to" the following:
"to change certain definitions relating to time-share projects and programs; to delete references to certain campsite time-share programs and the requirements and procedures relating thereto; to delete references to instruments, statements, and time-share pro grams involving campsites;".
By striking in their entirety lines 4 and 5 of page 2, which read as follows:
"Section 1. Article 3 of Chapter 3 of Title 44, known as the 'Georgia Condominium Act,' is amended by",
and inserting in lieu thereof the following:
"Section 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by".
By striking from line 17 of page 2, line 12 of page 3, line 4 of page 4, line 21 of page 5, line 3 of page 6, line 17 of page 6, line 4 of page 9, line 10 of page 10, line 29 of page 10, line 9 of page 14, line 1 of page 15, line 32 of page 15, line 9 of page 16, and line 30 of page 17 the word "article" and inserting in lieu thereof the word "chapter".
By adding between lines 2 and 3 on page 18 new Sections 16, 17, 18, and 19 to read as follows:
"Section 16. Said chapter is further amended by striking paragraph (25) of Code Sec tion 44-3-162, relating to definitions, and inserting in its place a new paragraph to read as follows:
'(25) "Time-share program" means any arrangement for time-share intervals in a time-share project whereby the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occu pancy, or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one year in duration.'
Section 17. Said chapter is further amended by adding the word 'and' at the end of paragraph (2) of Code Section 44-3-169, relating to contents of instruments creating time-share uses, by striking '; and' at the end of paragraph (3) of that Code section and inserting in its place a period, and by striking in its entirety paragraph (4) of that Code section, which reads as follows:
'(4) In the case of a time-share program in which campsites are included in the units committed to the program for a period determined by availability on a first come, first serve basis, the instrument creating the use shall specify and the program itself shall provide a minimum period, which period shall be at least 30 days per year, during which the units are available by a prearrangement or under a first reserved,

FRIDAY, MARCH 9, 1990

2811

first served priority system, and the minimum period so specified shall be the time the units are committed to the time-share program for purposes of this article, includ ing but not limited to paragraph (2) of this Code section, and for determining the amount of time sold to a purchaser for purposes of subparagraphs (B) and (C) of par agraph (2) of subsection (a) of Code Section 44-3-175.'
Section 18. Said chapter is further amended by striking Code Section 44-3-171, relat ing to sales of time-share intervals in programs organized prior to certain dates, and inserting in its place the following:
'44-3-171. {a} In the event that:
(1) Time-share intervals in a time-share program have been sold in this state to a resident of this state prior to July 1, 1983;
(2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170; and
(3) The developer does not control a sufficient number of votes in the timeshare program to amend the time-share instruments and project instruments to pro vide for the inclusion of the provisions required by Code Sections 44-3-166 through 44-3-170 without the vote of any other time-share interval owners,
then the developer shall include in the public offering statement a listing of those pro visions required by Code Sections 44-3-166 through 44-3-170; but not included in the instruments.'
Section 19. Said chapter is further amended by striking Code Section 44-3-205, relat ing to application of the article to time-share programs created before certain dates, and inserting in its place a new Code section to read as follows:
'44-3-205. {a} The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1983, and 180 days after July 1, 1983, as to any time-share program heretofore created or commenced.'"

By renumbering Section 16 on lines 3 and 4 on page 18 as Section 20.

SENATE AMENDMENT No. 2
Amend HB 502 by adding on line 7 of page 1 immediately following the semicolon the following:
"to provide for conditions with respect to the imposition of certain special assess ments; to prohibit certain increases regarding monthly maintenance fees;".
By adding on line 20 of page 1 immediately following the semicolon the following:
"to provide for the holding of association meetings upon written request of certain unit owners;".
By adding on line 16 of page 3 following the number "(4)" the following:
"and by adding at the end of said Code section a new subsection (g)".
By striking the quotation marks at the end of line 3 on page 4.
By adding between lines 3 and 4 on page 4 the following:
"(g) A condominium instrument recorded on or after July 1^ 1990, shall not authorize the board of directors to impose:

2812

JOURNAL OF THE HOUSE,

(1) Except as provided in subsections (a) and (b) of this Code section and subsec tions (a) and (b) of Code Section 44-3-109, a special assessment fee per unit in excess of an average of $200.00 per fiscal year without the approval of a majority of the unit owners; or
(2) Except for the first year after relinquishment of control of the association by the declarant as defined in Code Section 44-3-101, a monthly maintenance fee increase in excess of a percentage equal to the annual rate of inflation as measured by the Consumer Price Index for All Urban Consumers for the immediately preceding 12 month period without the approval of a majority of the unit owners.'"
By inserting between lines 28 and 29 on page 10 the following:
"Section 10. Said article is further amended by striking Code Section 44-3-102, relat ing to meetings of the association, and inserting in its place a new Code Section 44-3-102 to read as follows:
'44-3-102. Meetings of the members of the association shall be held in accordance with the provisions of the association's bylaws and in any event not less frequently than annually. A condominium instrument recorded on or after July 1^ 1990, shall also provide for the calling of a meeting upon the written request of at least 15 percent of the unit owners. Notice shall be given to each unit owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, post age prepaid, to all unit owners of record at such address or addresses as any of them may have designated or, if no other address has been so designated, at the address of their respective units. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the unit owners.'"
By redesignating Sections 10, 11, 12, 13, 14, 15, and 16 as Sections 11, 12, 13, 14, 15, 16, and 17, respectively.

Representative Martin of the 26th moved that the House agree to the Senate amend ments to HB 502.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Abernathy Y Adams Y Aiken
Y Alford Y Alien
Athon
Y Atkins Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates YBeck Y Benefield
YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck

Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell Y Couch
Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis,C Y Davis.G
Y Davis,M Y Dixon,H Y Dixon,S
Dobbs Dover Y Dunn

Y Edwards Y Ehrhart
Y Felton Y Fennel Y FloydJ.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green
Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Howren Y Hudson Ylrwin Ylsakson

Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D
Y Lane.R Langford
Y Lawrence Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton
Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows YMilam

Y Mobley Moody
Y Morion Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell YRandall
Ransom
Ray Reaves Y Redding Y Richardson Y Ricketson Y Robinson

FRIDAY, MARCH 9, 1990

2813

Y Royal Y Selman Y Simpson
YSinkfield Y Smith,L YSmith,P YSmith,T Y Smith,W

Smyre Y Snow
Stancil.F
Y Stancil.S Y Stanley
Steele Y Stephens Y Streat

Y Teper Y Thomas.C
Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend

On the motion, the ayes were 149, nays 0. The motion prevailed.

Twiggs Y Vaughan
Waddle
Y Walker.C Walker.L
Y Wall Y Ware Y Watson

Watts Y White Y Wilder
Y Williama,B WUliams,J
Y Yates Y Yeargin
Murphy.Spkr

HB 1171.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to provide for certain ran dom drug testing of certain state employees; to provide for definitions.

The following Senate substitute was read:

A BILL
To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject to such testing; to provide for exclusion of certain employees; to provide for powers, duties, and authority of certain state agency or department heads with respect to the foregoing; to provide for powers, duties, and authority of the State Personnel Board and the commis sioner of personnel administration with respect to the foregoing; to provide for the effect of positive test results; to provide for the effect of refusal to provide certain body fluids; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding a new article at the end thereof describing random drug testing, to be designated Article 5, to read as follows:
"ARTICLE 5
45-20-90. As used in this article, the term: (1) 'Employee' means any employee required to be certified under the provisions
of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority and shall include all such certi fied employees whether or not such certified employees are covered by the rules and regulations of the State Personnel Board. 'Employee' shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other pub lic agency.
(2) 'Established drug test' means the collection and testing of bodily fluids admin istered in a manner equivalent to that required by the Mandatory Guidelines for Fed eral Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources.
(3) 'High-risk work' means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public.
(4) 'Illegal drug' means marijuana as defined in paragraph (16) of Code Section 16-13-21, as amended; a controlled substance as defined in paragraph (4) of Code Sec tion 16-13-21, as amended; a dangerous drug as defined in Code Section 16-13-71, as

2814

JOURNAL OF THE HOUSE,

amended; or any other controlled substance or dangerous drug that persons are pro hibited from using. The term 'illegal drug' shall not include any drug when used pur suant to a valid medical prescription or when used as otherwise authorized by state or federal law. 45-20-91. (a) Employees working in high-risk jobs shall be subject to random test ing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority shall determine those positions and groups of positions whose occupants regu larly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employ ees, or the general public. This Code section shall not be construed to include employees who do not regularly perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work. With regard to positions cov ered under the classified service of the State Merit System of Personnel Administration, the department head shall consult with the commissioner of personnel administration before making such determination and shall notify the commissioner of any such deter mination. 45-20-92. (a) For employees in the classified service of the State Merit System of Personnel Administration, the State Personnel Board shall adopt rules to establish:
(1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period;
(2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of
body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported
to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; and
(5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information
and shall adopt such other rules as it may deem appropriate to carry out the purposes of this article. The board may, in its discretion, delegate to the commissioner of person nel administration such authority as appropriate to carry out the purposes of this article.
(b) For all other employees, the department or agency head shall adopt policies to establish:
(1) The portion of employees in the high-risk work group that may be selected at
random for testing at each testing period; (2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of
body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported
to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; and
(5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information
and shall adopt such other policies as such department or agency head may deem appro priate to carry out the purposes of this article.
(c) The commissioner shall establish and maintain a list of those laboratories quali fied to conduct established drug tests and shall determine which illegal drugs will be the subject of testing; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds to its urine testing program a minimum of 10 percent blind test specimens.
45-20-93. (a) Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment.
(b) Any employee who refuses to provide body fluid, when requested to do so in accordance with the random drug testing conducted pursuant to this article and admin istrative rules and regulations promulgated under this article, shall be terminated from his or her employment."

FRIDAY, MARCH 9, 1990

2815

Section 2. This Act shall become effective on July 1, 1990. Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Holmes of the 28th moves to amend the Senate substitute to HB 1171 as follows:
By deleting the word "and" on line 3, page 2 and adding "; and" and line 7, page 4 add a new subsection 6 to read as follows:
"(6) The identification of those persons entitled to the information"
And, by deleting "; and" on line 28 page 4 and adding after the word information "; and add a new subsection 6 to read as follows:
"(6) The identification of those persons entitled to the information".

Representative Holmes of the 28th moved that the House agree to the Senate substi tute, as amended by the House, to HB 1171.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown
YBuck Buford
YByrd Y Campbell
Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Howren
Y Hudson Y Irwin Y Isakson Y Jackson ,J
Y Jackson.W Y Jamieson Y Jenkins
Johnson Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 153, nays 0. The motion prevailed.

McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom
Ray Reaves Y Redding Richardson Y Ricketson Y Robinson Y Royal Selman Y Simpson Y Sinkfield

Smith.L Y Smith,P
Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat Teper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C
Walker.L
Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams,B Williams,J
Y Yates Y Yeargin
Murphy.Spkr

2816

JOURNAL OF THE HOUSE,

HB 1272. By Representatives McDonald of the 12th, Coleman of the 118th, Walker of the 115th and Jackson of the 9th:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Anno tated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimburse ment; to amend Chapter 10 of Title 49 of the Official Code of Georgia Anno tated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimburse ment of travel expenses.

The following Senate amendment was read:

Amend HB 1272 by striking from lines 12 through 14 of page 1 the following:
"to provide that such joint board is authorized to conduct programs to enhance the supply and distribution of physicians in areas of need;".
By striking from lines 3 through 5 of page 5 the following:
"and conduct programs to enhance the supply and distribution of physicians hi areas of need and".

Representative McDonald of the 12th moved that the House agree to the Senate amendment to HB 1272.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates YBeck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis,G Y Davis,M Y Dixon,H
Y Dixon,S Dobbs
Y Dover Dunn
Y Edwards
Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Good win Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
YLane,R Y Langford Y Lawrence Y Lawson
YLee Y Linder
YLong YLord
Lucas Y Lupton
Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 155, nays 0.

McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Moody
Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell YRandall Y Ransom
Ray
Reaves Redding
Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Y Smith.W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan
Y Waddle Y Walker.C
Walker.L YWall Y Ware
Y Watson Y Watts Y White Y Wilder Y WiUiams,B
Williams,J
Yates Y Yeargin
Murphy,Spkr

FRIDAY, MARCH 9, 1990

2817

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1139.

By Representatives Childers of the 15th and Richardson of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties, bond, and bail when fines are imposed for certain criminal offenses.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1139

The Committee of Conference on HB 1139 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1139 be adopted.

Respectfully submitted,

FOR THE SENATE:
Is/ Kenneth C. Fuller Senator, 52nd District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES: //,,,, OUMJ /s/ E- M- <-nders Representative, 15th District
/s/ Bobby E Parham Representative, 105th District

/s/ W. F. Harris Senator, 27th District

/s/ Pete Robinson Representative, 96th District

A BILL
To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to authorize the imposition, assessment, and collection of additional penalties when fines are imposed for certain crimi nal offenses; to provide for legislative construction; to require such additional amounts to be paid into a special county account and be used for drug abuse treatment and education programs; to authorize additional appropriations and expenditures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relat ing to payment and disposition of fines and forfeitures, is amended by adding at the end a new article to read as follows:
"ARTICLE 6
15-21-100. (a) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, or 16-13-31, which offenses relate to certain activities regarding marijuana, controlled substances and noncontrolled substances, there shall be imposed as an addi tional penalty a sum equal to 50 percent of the original fine.
(b) The sums required by subsection (a) of this Code section shall be in addition to the amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annu ity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

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JOURNAL OF THE HOUSE,

15-21-101. (a) The sums provided for in Code Section 15-21-100 shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the 'County Drug Abuse Treatment and Education Fund.'
(b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively for drug abuse treatment and education programs relating to controlled substances and marijuana. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of drug abuse treat ment or education programs."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 15th moved that the House adopt the report of the Committee of Conference on HB 1139.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams
Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop
Bostick
Y Branch Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd
Y Campbell Y Carrell
Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Diwm.S
Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston YLane,D Y Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey

McKinney.B
Y McKinney.C
Y Meadows YMilam
Y Mobley Moody
YMorton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston
Y Powell YRandall Y Ransom
YRay Reaves Redding Richardson
Y Ricketson Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,? Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley YSteele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C
Walker,L YWall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy ,Spkr

On the motion, the ayes were 160, nays 0. . The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration:

FRIDAY, MARCH 9, 1990

2819

SB 696. By Senators Baldwin of the 29th, Edge of the 28th and Howard of the 42nd:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to change the provisions relating to low phosphorus household laundry detergents; to provide for a statement of purpose; to provide for definitions.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, known as the "Georgia Water Quality Control Act," so as to change the provisions relating to low phosphorus household laundry detergents; to provide for a statement of purpose; to provide for definitions; to prohibit the sale at retail, or use of certain cleaning agents containing phosphorus; to provide for exceptions; to provide for enforcement by local governments; to provide for penalties; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, known as the "Georgia Water Quality Control Act," is amended by striking Code Section 12-5-27.1, relating to authority of local government entity to mandate retail sale of low phosphorus household laundry detergents, which reads as follows:
"12-5-27.1. Whenever a local governmental entity is required by the division to reduce phosphorus in its wastewater being discharged into the waters of the state, that local governmental entity is required to consider within its jurisdiction the retail sale of low phosphorus household laundry detergents as a portion of their phosphorus reduction process and when shown to be a cost-effective component of the phosphorus reduction plan the local governmental entity shall mandate the retail sale of low phosphorus household laundry detergent after the division's approval of the local governmental entity plan. Such local governmental entity shall accomplish such a mandate by passing a local ordinance to become effective in six months of the passage of the local ordinance. Such ordinance shall place a limit of 0.5 percent of phosphorus by weight which may be allowed in household laundry detergents.", and inserting in lieu thereof a new Code Section 12-5-27.1 to read as follows:
"12-5-27.1. (a) The General Assembly seeks, through the enactment of this Code section, to set standards limiting the amount of nutrients in various cleaning agents. The General Assembly realizes that the nutrients contained in many of these products serve a valuable purpose in increasing their overall effectiveness, but the General Assembly is also aware that they overstimulate the growth of aquatic life and are causing, and will eventually lead to, an acceleration of the natural eutrophication process of our state's water resources which can result in a lower quality of life and thereby create an undesir able environment in which the citizens of the state would not want to live and do busi ness. Limitations imposed under this Code section should, however, be made taking the following factors into consideration:
(1) The availability of safe, nonpolluting substitutes; and (2) The differing needs of industrial, commercial, and household users of cleaning agents, (b) As used in this Code section, the term: (1) 'Cleaning agent' means a laundry detergent, dishwashing compound, household cleaner, metal cleaner or polish, industrial cleaner, or other substance that is used or intended for use for cleaning purposes. (2) 'Nutrient' means a substance or combination of substances which, if added to waters in sufficient quantities, provides nourishment that promotes growth of aquatic vegetation in densities which:

2820

JOURNAL OF THE HOUSE,

(A) Interfere with use of the waters by humans or by any animal, fish, or plant useful to humans; or
(B) Contribute to degradation or alteration of the quality of the waters to an extent detrimental to their use by humans or by any animal, fish, or plant that is useful to humans. (c) On or after January 1, 1991, it shall be unlawful to sell at retail or use in this state any cleaning agent containing phosphorus, except as otherwise provided in this Code section. (d) This Code section shall not apply to cleaning agents which are used: (1) In agricultural or dairy production; (2) To clean commercial food or beverage processing equipment or containers; (3) As industrial sanitizers, metal brighteners, or acid cleaners, including those containing phosphoric acid or trisodium phosphate; (4) In industrial processes for metal, fabric, or fiber cleaning and conditioning; (5) In hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics; (6) By a commercial laundry or textile rental service company or any other com mercial entity:
(A) To provide laundry service to hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics;
(B) To clean textile products supplied to industrial or commercial users of the products on a rental basis; or
(C) To clean professional, industrial, or commercial work uniforms; (7) In the manufacture of health care or veterinary supplies; (8) In any medical, biological, chemical, engineering, or other such laboratory, including those associated with any academic or research facility; (9) As water softeners, antiscale agents, or corrosion inhibitors, where such use is in a closed system such as a boiler, air conditioner, cooling tower, or hot water heating system; or (10) To clean hard surfaces including windows, sinks, counters, floors, ovens, food preparation surfaces, and plumbing fixtures. (e) This Code section shall not apply to cleaning agents which: (1) Are manufactured, stored, sold, or distributed for uses other than household laundry detergents or household or commercial dishwashing agents; (2) Contain phosphorus in an amount not exceeding 0.5 percent by weight which is incidental to manufacturing; or (3) Contain phosphorus in an amount not exceeding 8.7 percent by weight and which are intended for use in a commercial or household dishwashing machine. (f) This Code section shall not apply to any natural or commercial fertilizers. (g) Local governments shall be responsible for enforcement of the provisions of this Code section within their jurisdictions. (h) Any person violating the provisions of this Code section shall be guilty of a mis demeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abemathy Y Adams Y Aiken
Y Alford Y Alien YAthon

Y Atkins
Y Bailey Y Baker Y Balkcom
Y Bannister N Barfoot YBargeron

Y Barnett.B
Y Barnett.M N Bates
Beck
Y Benefield Benn
Y Birdsong

Y Bishop
N Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Buck

Y Buford
Y Byrd Y Campbell Y Carrell
N Carter Y Chambless Y Chance

FRIDAY, MARCH 9, 1990

2821

Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell Y Couch N Crawford
N Crosby Y Cummings,B Y Cummings.M Y Davis,C N Davis.G Y Davis,M N Diion.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Floyd,J.M Y FIoyd,J.W
Y Foster YGodbee

Y Goodwin
N Green Y Greene Y Gresham N Griffin N Groover Y Hamilton
Y Banner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson,W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
YLane.D

N Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas
Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett

Y Pannell
YParham Y Parrish
N Patten Y Pettit
Pinkston
YPoag Y Porter YPoston N Powell YRandall N Ransom
NRay N Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F

Y Stancil,S
Stanley YSteele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twigga Y Vaughan Y Waddle Y Walker.C Y Walker.L
Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williains.J YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 1161. By Representative Holland of the 136th: A resolution expressing regret at the passing of Mr. John Alien Ewing, Jr.

HR 1162. By Representative Holland of the 136th: A resolution commending Mrs. Cynthia Hunkele.

HR 1163. By Representative Holland of the 136th: A resolution expressing regret at the passing of Mr. Alien Bruce Chapman.

HR 1164. By Representative Holland of the 136th: A resolution commending Katie Davis Hutchinson Kerce.

HR 1165. By Representative Holland of the 136th: A resolution commending posthumously Howard Prentice Kerce.

HR 1166. By Representative Holland of the 136th: A resolution commending Mr. James Trammell.

HR 1167. By Representatives Isakson of the 21st, Howren of the 20th, Vaughan of the 20th, Atkins of the 21st, Thompson of the 20th and others:
A resolution commending Honorable Johnny Gresham.

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JOURNAL OF THE HOUSE,

HR 1168.

By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending the Albany High School and Westover High School boys' basketball teams.

HR 1169. By Representative Birdsong of the 104th:
A resolution commending and congratulating the Wilkinson County Warriors basketball team.

HR 1170. By Representative Birdsong of the 104th:
A resolution commending and congratulating Ms. Carrie T. Meeks, R.N., on the occasion of her upcoming retirement.

HR 1171. By Representatives Martin of the 26th and Lupton of the 25th: A resolution commending Peggy Bronn.

Representative Isakson of the 21st arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 1172. By Representatives Felton of the 22nd, Clark of the 20th, Davis of the 45th, Mueller of the 126th, Campbell of the 23rd and others:
A resolution commending Honorable Johnny Isakson.

HR 1173. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution commending Union General Hospital.

HR 1174. By Representatives Colwell of the 4th, Murphy of the 18th, Watts of the 41st, Dobbs of the 74th, Watson of the 114th and others:
A resolution commending Barbara Ayers Browning.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 622. By Senators Foster of the 50th and Dean of the 31st:
A bill to amend Code Section 20-4-31 of the Official Code of Georgia Anno tated, relating to initial sick and annual leave granted to personnel trans ferred to the Department of Technical and Adult Education, so as to provide that full-time adult education personnel who have previously become or here after become employees of said department shall be granted an amount of initial accrued sick and annual leave.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 20-4-31 of the Official Code of Georgia Annotated, relating to initial sick and annual leave granted to personnel transferred to the Department of

FRIDAY, MARCH 9, 1990

2823

Technical and Adult Education, so as to provide that full-time technical or adult educa tion personnel who have previously become or hereafter become employees of said depart ment and who were employees of local units of administration at the time of becoming employees of said department shall be granted a certain amount of initial accrued sick leave; to provide conditions and requirements and for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-4-31 of the Official Code of Georgia Annotated, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-4-31 to read as follows:
"20-4-31. (a) An employee of a postsecondary technical school governed by the department may be granted an amount of initial accrued sick and annual leave; pro vided, however, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the department; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, any leave granted under this Code section subsection shall be subject to the same limitations as leave accrued while employed by the department, including forfeiture.
(b) An employee of a local unit of administration, as defined in Code Section 20-2-242, who serves as a full-time staff person in technical or adult education and who, without any break in service, has previously become or hereafter becomes an employee of the Department of Technical and Adult Education as a result of this article shall be granted an amount of initial accrued sick leave which shall not exceed 45 days or the amount accrued as of the date of becoming an employee of the department, whichever is less; provided, further, that the employee has not received payment from the former employer for the sick leave; provided, further, that the amount of initial sick leave granted shall not exceed the amount which would have been accrued in the employ of the department; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from the date of becoming an employee of the department; and provided, further, that any sick leave granted under this subsec tion shall be subject to the same limitations as sick leave accrued while employed by the department, including forfeiture."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Hamilton of the 124th, was read and adopted:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to development and dissemination of instructional materials on the effects of alcohol; to change the provisions relating to prescribed courses and provide for allocation of funds; to change certain provisions relating to direct instruc tional costs for the kindergarten and primary grades program; to change the assistance to be provided to member local school systems by regional educational service agencies; to provide that full-time technical or adult education personnel who have previously become

2824

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or hereafter become employees of the Department of Technical and Adult Education and who were employees of local units of administration at the time of becoming employees of said department shall be granted a certain amount of initial accrued sick leave; to pro vide conditions and requirements and for other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-13, relating to development and dissemination of instructional materials on the effects of alcohol, and inserting in its place a new Code section to read as follows:
"20-2-13. {a} The State Board of Education may use and allocate money for educa tional research and preparation and publication of instructional material, and such funds may be paid upon approval of the Governor.
\i&7 l tie iunu3 allocated under suosection \&) er tins v^ode section snail DC used tor trie purpose ef creating and maintaining state educational research services;
(1) For the development, production, and procurement ef curriculum materials and units of instrue11on on the scientific iscts nt record to the influence suet etiect of 8ico~
su^j*ested methods of instruction m wsys of wopKin^ with boys snd girls flnd youn^j people in the various age groups and grade levels ef the public elementary and second-
conduct ef the educational program in the public schools; {2}--Per the publication, procurement, and dissemination ef curriculum materials,
units ef instruction, and suggested methods ef instruction relating te the influence and
tor the schooltcseners snd educstion81 oiiicisls tti the V8.nous iocs! public school sys~ terns ef the state; the Department ef Education, and the various educational institutions of the st&te which 8re engsged tft the educ&110n find trtnning of teo.chers^ &nd
\o)--r~or coopePfitive woi*Kj by tnd between the stftte educfttionfll research service and the public school systems ef the state, the Department ef Education, and the educstion&l institutions of tne st8te which &re engs^cd ift the cduc8.11on 8nd trflining of teachers, through conferences, study groups, demonstrations ef methods and materials ef instruction, and ethef means. \c) l ne stftte oo8.rd is 8utnonzed to expend sucn flmounts fts nifly be necessflry of the moneys allocated te it under subsection {a) ef this Code section fer the employment ef a specialist er specialists er fer contracting fer the services ef specialists in research and in development and production ef curriculum materials and units ef instruction ert tne scientific is,cts m regsrd to tne influence of slconol on num&n ne&ltn ftnd bensvlor and en social and economic conditions, including methods ef instruction; for the employmerit ef secretarial and clerical assistants and other office expenses; fer expenses f en-
study groups, ctnd demonstrstionsj &nd lor &.11 otner expenses necesssry m out tne purposes of tnis Oode section. Tne state board snaH make available uniformly te the public schools ef the state snd the educ&tiondi institutions of the stste en^s^cd m the ed ucstion snd tr&inmg ^f teschers the cufriculum HIstepi&Is, the units of instruction, flnd the su^^ested methods ef instruction which are developed under this Code section."
Section 2. Said title is further amended by striking Code Section 20-2-142, relating to prescribed courses, and inserting in its place a new Code section to read as follows:
"20-2-142. (a) (1) All elementary and secondary schools which receive in any man ner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and munic ipal governments; and

FRIDAY, MARCH 9, 1990

2825

(B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection. (3) Handicapped students who are otherwise eligible for a special education diploma pursuant to subsection (b) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; pro vided, however, that their Individualized Education Programs have not specified that the handicapped students must enroll in and successfully complete both of these courses. (b) (1) The State Board of Education and the Board of Public Safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connec tion with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Board of Public Safety shall make available offi cers or employees of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board.
(2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course pro vided in paragraph (1) of this subsection.
(3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety.
(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall estab lish standards for its administration. The course may shall include instruction concern ing the impact of alcohol, smoking, tobacco, and drug abuse use upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of
study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into con sideration technological enhancements available for utilization of such instructional resources.
(d) The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and maintaining state educational research services for purposes which shall include, but shall not be limited to, the following:
(1) For the development, production, and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alco hol on human health and behavior and on social and economic conditions, including suggested methods of instruction in ways of working with boys and girls and young people in the various age groups and grade levels of the public schools of the state, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools;
(2) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating to the influence and effect of alcohol on human health and behavior and on social and economic conditions for the schoolteachers and educational officials in the various local school systems of

2826

JOURNAL OF THE HOUSE,

the state, the Department of Education, and the various educational institutions of the state which are engaged in the education and training of teachers; and
(3) For cooperative work, by and between the state educational research service and the local school systems of the state, the Department of Education, and the edu cational institutions of the state which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of instruction, and other means. (e) The state board is authorized to expend such amounts as may be necessary of the moneys allocated to it under Code Section 20-2-13 for the employment of a special ist or specialists or for contracting for the services of specialists in research and in devel opment and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction; for the employment of secre tarial and clerical assistants and other office expenses; for expenses of conferences, study groups, and demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section. (f) The state board shall make available uniformly to the public schools of the state and the educational institutions of the state engaged in the education and training of teachers the curriculum materials, the units of instruction, and the suggested methods of instruction which are developed under this Code section."

Section 3. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-167, relating to funding for direct instructional costs, and inserting in its place a new paragraph to read as follows:
"(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instruc tional costs for each program identified in Code Section 20-2-161. 'Direct instructional costs' is defined as those components of the program weights which are specified in sub sections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percent age that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the four instructional programs for handicapped stu dents shall be summed into one amount for special education. T-he direct instructional costs tor ili6 KHicicrjjflrtcn pFO^FQHI ftnd primdry T&d6S pro^rsm sriflil BC~ summctit into one amount for th eariy elementary grades. Of the total funds designated for direct instructional costs for each program, a minimum of 90 percent shall be spent on the direct instructional costs of such program, except as modified in this paragraph. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amount shall be increased by the portion of the midterm adjustment allotment which is applied to the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allo cation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 90 percent amount for direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated full-time equivalent counts and reduce the 90 percent amount for the direct instructional costs of the instructional programs which experienced the lower than anticipated full-time equivalent counts; provided, how ever, that the combined amount of such reductions shall be equal to the combined amount of increases in the 90 percent amount for programs with greater than antici pated full-time equivalent program counts; provided, further, that the 90 percent amount for direct instructional costs for any instructional program which experienced a lower than anticipated full-time equivalent count shall not be reduced below the 90 per cent amount reflected in the midterm calculations. In the event a local school system

FRIDAY, MARCH 9, 1990

2827

does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 per cent amount for direct instructional costs of that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school sys tem for the direct instructional costs of an instructional program specified by Code Sec tion 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other pro grams specified by that Code section."
Section 4. Said title is further amended by striking subsection (a) of Code Section 20-2-270, establishing a state-wide network of regional educational service agencies, and inserting in its place a new subsection to read as follows:
"(a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of providing shared services designed to improve the effectiveness of educational programs and services of local school systems and of providing instructional programs directly to selected public school students in the state. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.' The shared services to member local school systems shall include the following assistance:
(1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements;
(2) Developing and implementing staff development programs; (3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board; (4) Developing and implementing assessment and evaluation programs; and (5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management! and (6) Developing programs, resource materials, and staff development services relat ing to instruction on alcohol and drug abuse. The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272."
Section 5. Said title is further amended by striking Code Section 20-4-31, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, and substituting in its place a new Code section to read as follows:
"20-4-31. (a) An employee of a postsecondary technical school governed by the department may be granted an amount of initial accrued sick and annual leave; pro vided, however, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the department; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, any leave granted under this Code section subsection shall be subject to the same limitations as leave accrued while employed by the department, including forfeiture.
(b) An employee of a local unit of administration, as defined in Code Section 20-2-242, who serves as a full-time staff person in technical or adult education and who,

2828

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without any break in service, has previously become or hereafter becomes an employee of the Department of Technical and Adult Education as a result of this article shall be granted an amount of initial accrued sick leave which shall not exceed 45 days or the amount accrued as of the date of becoming an employee of the department, whichever is less; provided, further, that the employee has not received payment from the former employer for the sick leave; provided, further, that the amount of initial sick leave granted shall not exceed the amount which would have been accrued in the employ of the department; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from the date of becoming an employee of the department; and provided, further, that any sick leave granted under this subsec tion shall be subject to the same limitations as sick leave accrued while employed by the department, including forfeiture."
Section 6. Section 5 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective July 1, 1990.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien
YAthon Y Atkins
Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Beck
Y Benefield Benn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B Y Clark.H Y Clark,L
Coleman Y Colwell
Council
Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M
Y Davis.C Y Davis.G Y Davis.M
Y Dixon.H Dixon,S
YDobbs Y Dover
Dunn Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Godbee
YGoodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Y Manner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston YLane,D YLane.R
Langford Y Lawrence
Y Lawson YLee Y Linder
Long YLord
Y Lucas Y Lupton
Mangum Martin YMcCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow
Y Stancil.F Y Stancil,S Y Stanley YSteele
Stephens Y Streat
YTeper Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan
Waddle Y Walker.C
Walker,L Y Wall YWare Y Watson Y Watts Y White
Y Wilder Y WUliams,B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, MARCH 9, 1990

2829

SB 477. By Senators Olmstead of the 26th, Kidd of the 25th and Walker of the 43rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, joint legal custody, and divided or alternate custody arrangements; to provide for definitions; to provide for independent psychological or medical evaluations.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for joint and sole custody; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by striking subsection (a) of Code Section 19-9-3, relating to the discretion of the court in custody disputes, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother. The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provi sions, in determining to whom custody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion to look to and deter mine solely what is for the best interest of the child or children and what will best pro mote their welfare and happiness and to make its award accordingly. In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he desires to live. The child's selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. Nothing in this Code section shall be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases. Joint custody, as defined by Code Section 19-9-6, may be considered as an alternative form of custody by the court. This provision allows a court at any temporary or permanent hearing to grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate."
Section 2. Said chapter is further amended by adding a new Code Section 19-9-6 immediately following Code Section 19-9-5 to read as follows:
"19-9-6. As used in this article, the term: (1) 'Joint custody' means joint legal custody, joint physical custody, or both joint
legal custody and joint physical custody. In making an order for joint custody, the court may order joint legal custody without ordering joint physical custody.
(2) 'Joint legal custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, and religious training; provided, however, that the court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
(3) 'Joint physical custody' means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents.
(4) 'Sole custody* means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by

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court order, the person awarded sole custody of a child shall have the rights and responsibilities for major decisions concerning the child, including the child's educa tion, health care, and religious training, and the noncustodial parent shall have the right to visitation. A person who has not been awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield
Benn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B Y Clark,H Y Clark,L
Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby
Cummings.B Y Cummings,M
Y Davis,C N Davis,G Y Davis,M Y Dison.H
Dixon,S Dobbs Y Dover
Dunn Y Edwards N Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J
Jackson,W Y Jamieson
Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Langford Y Lawrence Y Lawson
YLee Y Linder
Long YLord
Y Lucas Y Lupton Y Mangum
Martin
Y McCoy Y McDonald
Y McKelvey

McKinney.B Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr YOrrock
Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T Y Smith,W YSmyre
YSnow Y Stancil,F
Y StanciLS Y Stanley YSteele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Waddle Y Walker.C
Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J
Yates Y Yeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 232. By Senators Scott of the 2nd, Allgood of the 22nd and Hammill of the 3rd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportunities without regard to certain factors and conditions; to provide a short title; to provide for legislative intent; to provide for definitions; to pro hibit certain employment related conduct and permit other such conduct.

The following Committee substitute was read and adopted:

FRIDAY, MARCH 9, 1990

2831

A BILL
To amend Code Section 34-8-40 of the Official Code of Georgia Annotated, relating to the definition of employment for purposes of unemployment compensation, so as to pro vide that services performed by certain individuals in the catching or harvesting of fish and similar services shall not be considered as employment; to provide conditions; to pro vide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-8-40 of the Official Code of Georgia Annotated, relating to the definition of employment for purposes of unemployment compensation, is amended by striking the word "or" at the end of paragraph (13) of subsection (o) of said Code sec tion, by striking the period at the end of paragraph (14) of subsection (o) and inserting in its place a semicolon, and by adding two new paragraphs (15) and (16) to read as fol lows:
"(15) Service performed by an individual in or as an officer or member of the crew of a vessel while it is engaged in the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, Crustacea, sponges, seaweeds, or other aquatic forms of ani mal and vegetable life, including service performed by any such individual as an ordi nary incident to any such activity, except:
(A) Service performed in connection with the catching or taking of salmon or halibut for commercial purposes; and
(B) Service performed on or in connection with a vessel of more than ten net tons, which tonnage shall be determined in the manner provided for determining the regis ter tonnage of merchant vessels under the laws of the United States; or (16) Service, other than service performed by a child under the age of 18 in the employ of his father or mother, performed by an individual on a boat engaged in catch ing fish or other forms of aquatic animal life under an arrangement with the owner or operator of such boat pursuant to which:
(A) Such individual does not receive any cash remuneration other than as provided in subparagraph (B) of this paragraph;
(B) Such individual receives a share of the boat's catch or, in the case of fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of such catch; and
(C) The amount of such individual's share depends on the amount of the boat's catch or, in the case of a fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life, but only if the operating crew of such boat or, in the case of a fishing operation involv ing more than one boat, the operating crew of each boat from which the individual receives a share is normally made up of fewer than ten individuals."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
YAbernathy Y Adams Y Aiken Y Alford
Y AUen Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom

Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield
Y Benn Birdsong
Y Bishop

Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown
Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter

Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark,L
Coleman
Y Colwell Connell
Y Couch

Y Crawford
Y Crosby Cummings,B
Y Cumming8,M Y Davis.C
Y Davis,G Y Davis,M Y Dixon.H
Y Dixon,S Dobbs
Y Dover

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Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty
Heard Y Herbert Y Holcomb
Y Holland Y Holmes
Hooks

Y Howren
Y Hudson Ylrwin
Isakson
Y Jackson,J Jackson.W
Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R
Langford Y Lawrence Y Lawson
YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin

YMcCoy Y McDonald
Y McKelvey McKinney,B McKinney.C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell
Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter

YPoston Y Powell
Y Randall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y StanciLS
Y Stanley Steele
Y Stephens

Y Streat YTeper
Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan
Y Waddle Y Walker.C
Walker.L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y WilliamsJB
Williams.J
Yates Y Yeargin
MurphytSpkr

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SR 486. By Senator Ray of the 19th:
A resolution recognizing the year 1990 as the Year of the Airborne Forces in commemoration of June 1, 1990, as the fiftieth anniversary of the Airborne Forces of the United States Army.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Bamett,M Y Bates
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford

YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark,B Y Clark,H Y Clark,L
Coleman Y Colwell
Connell
Y Couch Y Crawford
Crosby Cummings,B Y Cummings.M
Y Davis.C Y Davis,G Y Davis.M Y Diion,H Y Diion.S
Dobbs Y Dover
Dunn Y Edwards YEhrhart

Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Ylrwin
Isakson
Y Jackson,J Jackson.W
Y Jamieson

Jenkins Johnson
Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord
Y Lucas Y Lupton Y Mangum
Martin YMcCoy Y McDonald
Y McKelvey McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie

Y Mueller Y Oliver.C
Y Oliver,M YOrr
Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Porter
YPoston Y Powell
Randall
Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L

FRIDAY, MARCH 9, 1990

2833

Y Smith,P YSmith,T YSmith,W
Smyre YSnow YStancil,F YStancil,S

Y Stanley Steele Stephens Streat
YTeper Y Thomas,C Y Thomas,M

Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan

Y Waddle Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts

Y White Y WUder Y Williams,B
Williams^ Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House were read and adopted:

HR 1175.

By Representatives Lord of the 107th and Coleman of the 118th:
A resolution recognizing the gallantry and sacrifice of the 23 military person nel who lost their lives and the 323 military personnel wounded in the Oper ation "Just Cause" invasion of Panama.

HR 1176. By Representatives Lane of the lllth, Mobley of the 64th, Carrell of the 65th, Fennel of the 155th, Irwin of the 13th and others:
A resolution commending Honorable Barbara H. Couch.

HR 1177. By Representatives Jenkins of the 80th and Ray of the 98th:
A resolution recognizing and commending the Third Annual Wild Turkey Jamboree.

HR 1178. By Representative Holland of the 136th: A resolution expressing condolences at the death of Curtis Wells.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 687. By Senators Scott of the 2nd and Edge of the 28th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to provide that the governing authorities of counties and municipal corporations may sell or grant real and personal property to the State of Georgia.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for sale or disposition of county real property generally, so as to provide that the governing authorities of counties may sell or grant real or personal property to the State of Georgia; to amend Code Section 36-37-6 of the Official Code of Georgia Anno tated, relating to the disposition of municipal property generally, so as to provide that the governing authorities of municipalities may sell or grant real or personal property to the State of Georgia; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

2834

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county property generally, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any county determines that the establishment of a facility of the state or one of its authorities or other instrumentalities would be of benefit to the county, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employment opportunities, or by other means or in other ways, such county may sell or grant any of its real or personal prop erty to the state or to any of its authorities or instrumentalities and, further, may sell or grant such lesser interests, rental agreements, licenses, easements, and other disposi tions as it may determine necessary or convenient. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way."
Section 2. Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any municipal corporation deter mines that the establishment of a facility of the state or one of its authorities or other instrumentalities would be of benefit to the municipal corporation, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employ ment opportunities, or by other means or in other ways, such municipal corporation may sell or grant any of its real or personal property to the state or to any of its authorities or instrumentalities and, further, may sell or grant such lesser interests, rental agree ments, licenses, easements, and other dispositions as it may determine necessary or con venient. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield Y Benn Y Birdsong Y Bishop

Y Bostick
Y Branch Y Breedlove Y Brooks
Y Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Y Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell Y Couch

Y Crawford
Crosby Y Cummings,B Y Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon,H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green

Y Greene
Y Gresham Y Griffin
Groover
Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson
Y Irwin Isakson
Y Jackson,J Jackson, W
Y Jamieson Y Jenkins

Johnson
Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Linder
Long Y Lord Y Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B McKinney.C

FRIDAY, MARCH 9, 1990

2835

Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett Y Pannell YParham

Y Parrish
Y Patten
Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson

Y Ricketson
Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T
Y Smith, W Smyre
YSnow Y Stancil,F Y Stancil,S

Y Stanley Y Steele Y Stephens
Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan

Y Waddle Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Y Williams,B Williams,J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the House, favorably reported by the Committee on Rules, was read:

HR 635. By Representative Aaron of the 56th

A RESOLUTION
Creating the House Parade and Demonstration Cost Containment Study Committee; and for other purposes.
WHEREAS, the state, counties, and municipalities are required to issue to various groups permits for parades and demonstrations and to offer traffic control and police pro tection in connection therewith; and
WHEREAS, many of these groups orally, through the distribution of literature, or otherwise advocate, encourage, or incite hatred, discrimination, or the commission of crimes against other segments of society; and
WHEREAS, the state and local governments are required to expend large sums of public revenues for extraordinary traffic control and police protection to the detriment of certain citizens in need of such programs which could otherwise be financed from such public revenues; and
WHEREAS, groups wishing to parade or demonstrate, especially groups which require extraordinary expenses for traffic control and police protection, should share in the costs of such public safety functions; and
WHEREAS, a study should be undertaken to determine the feasibility of placing limi tations on or further regulating parades and demonstrations and the feasibility of charging parade groups for extraordinary costs relating to traffic control and police protection.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Parade and Demonstration Cost Containment Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform

2836

JOURNAL OF THE HOUSE,

its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 1, 1990.

The following amendment was read and lost:

Representative Orr of the 9th moves to amend HR 635 as follows:
1. By striking lines 16 through 19, page 1.
2. By striking the word "determine" from line 20, page 1, and by further striking lines 21 through 24, page 1, and substituting in lieu thereof the words "consider means of more effectively accomodating parades and demonstrations at less public cost if possible, while fully protecting the constitutional rights of all persons and groups."

The following amendment was read and adopted:

Representatives Pinkston of the 100th and Lee of the 72nd move to amend HR 635 as follows:
By changing the word "ten" on line 20, page 2 to "five".

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon
Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Bamett,B
Y Barnett.M Bates Beck
Y Benefield YBenn
Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Brown
YBuck Y Buford YByrd Y Campbell
Carrell Y Carter
Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark,H
Y Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis,M Y Dixon.H Y Diion,S
Dobbs Y Dover Y Dunn Y Edwards N Ehrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W
Y Foster YGodbee YGoodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Banner

Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Ylsakson
Jackson,J Jackson,W Y Jamieson Y Jenkins Johnson Y Jones Y Kilgore Y Kingston YLane.D Y Lane,R Y Langford Y Lawrence Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMeCoy Y McDonald Y McKelvey

Y McKinney.B
Y McKinney.C Y Meadows
Milam
N Mobley Y Moody N Morion Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M NOrr YOrrock Y Padgett Y Pannell
YParham YParrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom YRay
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P
Smith,T Smith,W
Smyre YSnow Y StanciLF Y StanciLS Y Stanley
YSteele Y Stephens YStreat YTeper Y Thomas,C Y Thomas,M
Y Thompson Y Thurmond N Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle Y Walker.C Y WalkerJ, N Wall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams3
WilliamsJ
Y Yates YYeargin
Murphy.Spkr

FRIDAY, MARCH 9, 1990

2837

On the adoption of the Resolution, as amended, the ayes were 149, nays 6. The Resolution was adopted, as amended.

SB 652. By Senator Dawkins of the 45th:
A bill to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Authority Act," so as to provide for additional members of such authority; to provide for appointment, qualifications, quorums, and terms of office; to provide that the promotion of certain waste minimization shall be a purpose of such authority; to provide for an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Hazardous Waste Management Authority Act," so as to provide for additional members of such authority; to provide for appointment, qualifications, quorums, and terms of office; to provide that the promotion of certain waste minimization shall be a purpose of such authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Hazardous Waste Management Authority Act," is amended by striking Code Section 12-8-102, relating to the creation of the Georgia Hazardous Waste Manage ment Authority, and inserting in its place a new Code Section 12-8-102 to read as follows:
"12-8-102. (a) There is created a body corporate and politic to be known as the Georgia Hazardous Waste Management Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.
(b) The authority shall consist of: (1) The the Governor;; (2) The the Lieutenant Governor; ; (3) An an appointee of the Lieutenant Governor^ ; (4) The the Secretary of State; ; (5) An an appointee of the Governor who is not the Attorney General;; (6) The the state auditor; (7) Two twe appointees of the Speaker of the House of Representatives neither of
whom is the Attorney General; ] (8) The the commissioner of transportation; ] (9) The the Commissioner of Agriculture; ; (10) The the commissioner of industry, trade, and tourism; ; afld (11) The the commissioner of human resources!; and (12) Three appointees from the faculty or staff of the University System of the
State of Georgia, one of whom shall have expertise in hydrogeology, one of whom shall have expertise in chemical process engineering, and one of whom shall have expertise in industrial hygiene and safety. Such appointees shall be selected by the chancellor of the University System of Georgia after consultation with the presidents of the Georgia Institute of Technology, the University of Georgia, the Medical College of Georgia, and such other university system personnel as the chancellor may deem nec essary. (c) The term of office of the appointees of the Speaker of the House of Representa tives, ad the appointee of the Lieutenant Governor, and the appointees of the chancel lor of the University System of Georgia shall be three years. In the event that any

2838

JOURNAL OF THE HOUSE,

appointed member should vacate the office prior to the fulfillment of his term, the appropriate appointing official shall appoint someone to serve out that term.
(d) Immediately upon the passage and approval of this article, the members of the authority shall enter upon their duties. The authority shall elect its own officers. Six Eight members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority.
(e) The members of the authority shall be entitled to and shall be reimbursed for their expenses such mileage and per diem as allowed by law to members of the General Assembly.
(f) The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of any contracts existing under this article."
Section 2. Said article is further amended by striking Code Section 12-8-112.1, relating to state policy regarding the Georgia Hazardous Waste Management Authority, and inserting in its place a new Code Section 12-8-112.1 to read as follows:
"12-8-112.1. It is the policy of the State of Georgia to encourage generators of haz ardous waste to minimize to the greatest extent possible the amount of hazardous waste which requires treatment, storage, or disposal through reuse, recycling, source substitu tion, treatment, and other methods; . aad th The authority shall promote hazardous waste minimization efforts among generators of hazardous waste and shall work with the department to encourage hazardous waste minimization. The authority is authorized to charge for the use of its facilities and its services so as to further this policy."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford

YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark,H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C
Davis,G Y Davis.M Y Dixon,H
Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Ehrhart

Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton Y Hanner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W Y Jamieson

Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee Y Under YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie

Y Mueller Oliver.C
Y Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y SmithJL

FRIDAY, MARCH 9, 1990

2839

Y Smith,P Smith.T
Y Smith, W
Smyre YSnow Y Stancil,F Y Stancil,S

Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas,M

Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan

Y Waddle Y Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts

Y White Y Wilder
Williams.B Williams,J Y Yates Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 1179.

By Representatives McKinney of the 40th, Sinkfield of the 37th, McKinney of the 35th, Hanner of the 131st, Benn of the 38th and others:
A resolution designating March 1 to April 1, 1990, as "Census Month in the State of Georgia".

HR 1180. By Representative Thomas of the 31st: A resolution expressing regret at the passing of Michael Anthony Strickland.

HR 1181. By Representatives Williams of the 48th, Murphy of the 18th, Connell of the 87th, Richardson of the 52nd, Lawrence of the 49th and Isakson of the 21st:
A resolution commending Robert Lavale Turknett.

HR 1182. By Representative Bailey of the 72nd:
A resolution expressing congratulations to Mr. and Mrs. Claude L. Sharp on the occasion of their 50th wedding anniversary.

HR 1183. By Representatives Lawrence of the 49th, Williams of the 48th and Morton of the 47th:
A resolution commending the Tucker High School athletic teams.

HR 1184. By Representatives McKinney of the 40th, Thomas of the 31st, Davis of the 29th, Benn of the 38th, McKinney of the 35th and others:
A resolution commending the Reverend Samuel Leon Harris.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 509. By Senator Howard of the 42nd:
A bill to amend Code Section 15-11-81 of the Official Code of Georgia Anno tated, relating to grounds for the termination of parental rights, so as to pro vide that the court, in determining whether a child is without proper parental care and control, shall consider evidence of past egregious conduct of the parent toward the child or toward another child and evidence of past physical, mental, or emotional neglect of the child or of another child by the parent.

2840

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Adams Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childere
N Clark,B Y Clark,H Y Clark,L Y Coleman
Colwell Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Davis.G Y Davis,M Y Diion.H Diion,S
Dobbs Y Dover YDunn
Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris Y Hasty
Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Under YLong YLord
Y Lucas Y Lupton Y Mangum
Martin YMcCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody YMorton
Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett Y Pannell YParham YParrish Y Patten
Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom YRay
Reaves Y Redding
Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfleld

Y Smith,L Y Smith,P Y Smith.T
Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L YWall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
WiUiams,J YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 147, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its disagreement to the House amendment to the Senate sub stitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bills of the House:

HB 1317. By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to pro vide for definitions; to provide for the purpose of such registry.

The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Johnson of the 47th and Baldwin of the 29th.

FRIDAY, MARCH 9, 1990

2841

HB 1318. By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such commit tees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoe-

The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Johnson of the 47th and Baldwin of the 29th.
HB 1319. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for defi nitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Johnson of the 47th and Baldwin of the 29th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 1223. By Representatives Twiggs of the 4th, Murphy of the 18th, Jackson of the 9th, Colwell of the 4th, McDonald of the 12th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, so as to provide for forfeiture of real property acquired with proceeds from the manufacture, distribution, or sale of con trolled substances or marijuana; to provide for disposition of such real prop erty.
The President has appointed on the part of the Senate the following:
Senators Deal of the 49th, Allgood of the 22nd and Barnes of the 33rd.
The Senate insists on its substitute to the following Bill of the House:
HB 1523. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

2842

JOURNAL OF THE HOUSE,

HB 1763.

By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the juris diction, powers, duties, authority, and control of the Public Service Commis sion shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the con struction and operation of rapid rail passenger service lines generally.

The President has appointed on the part of the Senate the following: Senators Edge of the 28th, Scott of the 2nd and Coleman of the 1st.

The Senate has disagreed to the House amendment to the Senate amendment to the following Bill of the House:

HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to pro hibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circum stances.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 681. By Senator Dawkins of the 45th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to change the composition of the board; to provide for the registration of land survey ing firms, corporations, and other entities; to change the provisions under which registrants may use a seal.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron
N Barnett,B Y Barnett,M
Y Bates YBeck N Benefield

Y Benn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown
Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance
Y Cheeks YChilders
Clark,B

Y Clark.H
Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Crosby
Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M
Dixon,H
Y Dixon.S Dobbs
Y Dover Dunn
Y Edwards

Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster
Godbee Y Goodwin
Y Green Y Greene
Gresham N Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert

N Holcomb
Y Holland Y Holmes Y Hooks
Y Howren N Hudson Y Irwin
Isakson
Y Jackson,J Jackson.W Jamieson
Y Jenkins Johnson
Y Jones
Y Kilgore Y Kingston
Y Lane.D Y Lane.R Y Langford

FRIDAY, MARCH 9, 1990

2843

Y Lawrence Lawson
YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum
Martin Y McCoy
McDonald Y McKelvey
McKinney.B McKinney.C Y Meadows Milam

Y Mobley
Y Moody
Y Morton Moultrie
Y Mueller Y Oliver.C Y Oliver.M
NOrr Orrock
Y Padgett Y Pannell YParham
Y Parrish Y Patten
Pettit Y Pinkston YPoag

Porter
YPoston Y Powell YRandall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith.P

Y Smith.T
Y Smith,W Smyre
YSnow Y Stancil,F Y Stancil.S
Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert

Y Townsend
Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y WiUiams,B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 142, nays 6. The Bill, having received the requisite constitutional majority, was passed.

Representative Lawson of the 9th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 602. By Senators Dawkins of the 45th and Clay of the 37th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide for the offense of sexual battery; to provide for the offense of aggravated sexual battery; to define cer tain terms; to provide penalties for such offenses.

The following amendment was read and adopted:

Representative Pettit of the 19th moves to amend SB 602 by inserting between lines 1 and 3 of page 1 the following:
"change the definition of the offense of sexual assault against persons in custody; to".
By inserting between lines 9 and 10 of page 1 the following:
"amended by striking subsection (b) of Code Section 16-6-5.1, relating to sexual assault against persons in custody, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
'(b) A person commits sexual assault when he engages in sexual contact with another person who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has super visory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years.'
Section 2. Said chapter is further".
By redesignating Section 2 Section 3.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams

Y Aiken Y Alford Y Alien

Y Athon Y Atkins
Bailey

Y Baker Balkcom
Y Bannister

YBarfoot Y Bargeron Y Barnett,B

2844

JOURNAL OF THE HOUSE,

Y Barnett,M Y Bates YBeck
Y Benefield Benn Birdsong
Y BUhop Y Bostick Y Branch
Breedlove Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Chambless Y Chance Y Cheeks Y Childers Clark.B Y Clark.H Y Clark,L Y Coleman Y Colwell Connell Y Couch Y Crawford Y Crosby Cummings,B Y Cummings.M

Y Davis.C Y Davis.G Y Davis.M
Y Dbton.H Dixon,S Dobbs Dover Dunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder YLong YLord Y Lucas
Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody

Y Mortal Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston
Poag Porter Y Poston Y Powell Randall Y Ransom YRay
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith.P
Smith,T

Y Smith.W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C
Y Walker,L Y Wall
Ware Watson Y Watts Y White Y Wilder Y Williams.B Williams,.! Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1523.

By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.

Representative Thomas of the 69th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1523 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thurmond of the 67th, Thomas of the 69th and Groover of the 99th.

The following Resolution of the House, favorably reported by the Committee on Rules, was read:

HR 1015. By Representative Hamilton of the 124th

FRIDAY, MARCH 9, 1990

2845

A RESOLUTION
Creating the House Strategic Planning Study Committee; and for other purposes.
WHEREAS, the Georgia House of Representatives is committed to the pursuit of excellence and legislative modernization; and
WHEREAS, the legislature is a problem-solving institution and is the most responsive institution in the public arena; and
WHEREAS, the issues facing the House of Representatives are becoming increasingly complex and are characterized by rapid change, interdependence, and uncertainty; and
WHEREAS, too often by the time an issue reaches the House of Representatives as well as the legislature, it is already a crisis and is probably more symptomatic of the past, resulting in the legislature being able only to react with short-term temporary solutions; and
WHEREAS, more staff, more information, and longer sessions are not necessarily answers for addressing the complexity and uncertainty of the issues before the House of Representatives and the legislature; and
WHEREAS, developing methods of increasing meaningful public participation in the public policy process is advantageous and necessary; and
WHEREAS, the usual legislative problem-solving tools of public hearings, staff reports, agency studies, and lobbyists' reports are not solely able to cope with the complex and changing sets of interrelated issues; and
WHEREAS, the House of Representatives is presented with a dilemma of how to gain greater control over the future without having to resort to adding and subtracting solutions such as increasing staff and lengthening the session; and
WHEREAS, there is a need to develop proactive strategic approaches as well as reactive approaches in order to deal with these complex issues; and
WHEREAS, examining various strategic planning processes can be beneficial in help ing the House of Representatives develop and encourage innovative proactive solutions.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Strategic Planning Study Committee to be com posed of six members to be appointed by the Speaker of the House of Representatives.
BE IT FURTHER RESOLVED that the Speaker of the House of Representatives shall appoint a chairman and the chairman shall call the first meeting of the committee. The committee shall be authorized to examine approaches to improving legislative effec tiveness, including the review of various examples that other states have attempted as well as methods that the private sector has used to manage change, such as: issues manage ment; interactive planning; search planning process; strategic futures planning; and others. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, per form its duties, and accomplish the objectives and purposes of this resolution. The mem bers of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this res olution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1990. The committee shall stand abolished on December 31, 1990.

The following amendment was read and adopted:

2846

JOURNAL OF THE HOUSE,

Representatives Pinkston of the 100th and Lee of the 72nd move to amend HR 1015 as follows:
By changing the word "ten" on line 14, page 3 to "five".

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Atkins Y Bailey Y Baker Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Bates Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd
Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H
Clark.L Y Coleman
Colwell Connell Y Couch Y Crawford Crosby Cummings,B
Cummings,M Y Davis.C N Davis.G Y Davis.M Y Dixon,H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards
Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Godbee
Y Goodwin
Green Y Greene
Gresham Y Griffm Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston YLane.D
Lane.R Y Langiford Y Lawrence
Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton
Mangum Y Martin
Y McCoy McDonald
Y McKelvey

McKinney,B McKinney.C Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall Y Ransom
YRay Reaves Redding
Y Richardson Ricketson
Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L Smith,P
Y Smith.T Smith,W Smyre
YSnow Y Stancil,F
Y Stancil.S Y Stanley YSteele Y Stephens
Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond
Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B
WiUiams,J Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, as amended, the ayes were 136, nays 1. The Resolution was adopted, as amended.

Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation:
SB 564 Do Pass
Respectfully submitted, /a/ Randall of the 101st
Chairman

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

FRIDAY, MARCH 9, 1990

2847

SB 705. By Senators Barker of the 18th, Kidd of the 25th, Starr of the 44th and oth ers:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children, so as to provide for a consolidation of the delivery of social services to families and children; to provide for legislative findings; to provide for purposes of the article; to pro vide for definitions.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 705 by inserting on line 27 of page 6, between the word "contracting" and the symbol ";" the following:
"if evaluation by other than the Department of Human Resources is available".
By striking from line 3 of page 7 the following: "(g)" and inserting in lieu thereof the following: "(f)".
By inserting immediately following line 4 of page 16 the following:
"(k) Availability of funds to the child welfare fund shall be contingent upon and sub ject to those funds clearly identified and assigned to the respective county or multicounty district. No funds shall be placed in the fund that would have otherwise been budgeted within another county or counties."
By striking the quotes at the end of line 32 of page 21 and inserting immediately fol lowing line 32 of page 21 the following:
"49-5-209. (a) Conflict with federal or General Assembly appropriations: The General Assembly instructs that all efforts undertaken to accomplish the intent of this article by the aforementioned departments shall be performed so as not to cause any department to violate in any way the letter or intent of any 'General Appropriations Act.' Further more, each department shall be required to receive the approval of the Office of Plan ning and Budget and the Legislative Budget Office for any budget action taken to accomplish the actions encouraged and made possible by this article.
(b) Two or more counties or the counties of a judicial circuit may join together to apply for any of the pilot projects and, for each class of pilot projects, up to three projects may be designated.
(c) It is the intent of this article that the funding for evaluations shall come from sources outside the departments operating these pilot projects."'

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken YAlford Y Alien YAthon Y Atkins Y Bailey Y Baker
Balkcom

Y Bannister Y Barfoot Y Bargeron Y Barnett,B YBarnett,M Y Bates YBeck Y Benefield Y Benn
Birdsong Y Bishop

Y Bostick Y Branch Y Breedlove
Brooks Brown Y Buck Y Buford Y Byrd Y Campbell Y Carrell Y Carter

Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch

Y Crawford Y Crosby
Cummings,B Y Cummings.M Y Davis,C Y Davis,G Y Davis,M
Diion,H Y Diion,S Y Dobbs Y Dover

2848

JOURNAL OF THE HOUSE,

Dunn
Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M YFloyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton YHanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes
Y Hooks

Y Howren
Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson, W YJamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder Y Long Y Lord Y Lucas Y Lupton Y Mangum
Y Martin

Y McCoy
McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten Y Pettit Pinkston Poag
Y Porter

Y Poston
Y PoweU Y Randall Y Ransom Y Ray Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L
Smith,P Smith.T Smith,W Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley Y Stecle
Stephens

Y Streat
Y Teper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 669. By Senators Deal of the 49th, Kidd of the 25th, Starr of the 44th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to change the provisions relating to certain duties of the Council of Juvenile Court Judges; to change the pro visions relating to when a child may be taken into custody; to change the provisions relating to places of detention.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to change the definition of the term "desig nated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act which would have consti tuted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult or sale of or possession with intent to distribute marijuana or any controlled substance in Schedule I or Schedule II; to provide for discretion of the judge relative to confinement of certain juveniles; to provide for time periods; to provide for secure detention; to provide that the alleged commission of a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult in cases where the child has been found at separate court appearances to have committed acts which would have constituted the crime of trafficking in cocaine, illegal drugs, or mari juana if done by an adult on three or more previous occasions shall give rise to specified proceedings which may result in the case being transferred to superior court for criminal prosecution; to provide procedures; to provide for the retransfer of such cases to juvenile court under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by striking in its entirety paragraph (2)

FRIDAY, MARCH 9, 1990

2849

of subsection (a) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes:
(A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age;
(B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age;
(C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age;
(D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent at separate court appearances for an act which, if done by an adult, would have been the crime of burglary; er
(E) Trafficking in cocaine, illegal drugs, or marijuana in violation of Code Section 16-13-31;
(F) Sale of or possession with intent to distribute marijuana or any controlled sub stance in Schedule I or Schedule II by a juvenile 13 or more years of age; or
fE) (G) Any other act which, if done by an adult, would be a felony, if the juve nile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies."
Section 2. Said article is further amended by striking in its entirety subsection (d) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the juvenile is found to have committed a desig nated felony act in which: (1) the juvenile inflicted serious physical injury upon another person who is 62 years of age or more; or (2) the juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult; or (3) the juvenile is found to have committed a designated felony act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult and has previously been found to be delinquent because of commission of an act which would have constituted the crime of trafficking in cocaine, illegal drugs, or marijuana if done by an adult."
Section 3. Said article is further amended by striking subparagraph (e)(l)(B) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new subparagraph (e)(l)(B) to read as follows:
"(B) The juvenile shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 18 months; provided, how ever, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compli ance with subsection (f) of this Code section, the juvenile shall initially be confined in a youth development center for 18 months; and provided, further, that if a juvenile has been found to have committed the designated felony act of sale of or possession with intent to distribute marijuana or any controlled substance in Schedule I or Schedule II, the judge shall have the discretion either to order the juvenile to be confined in a youth development center or in a state operated drug treatment program which is certified as secure for a period set by the order but not less than 12 months nor more than 18 months; but upon petition to the committing juvenile court by the drug treatment pro gram, the judge may consider reduction of the length of secure detention previously ordered by the court;".
Section 4. Said article is further amended by striking in its entirety subsection (a) of Code Section 15-11-39.1, relating to the commission of a designated felony act by a

2850

JOURNAL OF THE HOUSE,

child 15 years of age or older, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary if done by an adult on three or more previous occasions or if the desig nated felony act alleged to have been committed would have constituted the crime of trafficking in cocaine, dangerous drugs, or marijuana if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of trafficking in cocaine, dangerous drugs, or marijuana if done by an adult on three or more previous occasions."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Atkins
Y Bailey Y Baker
Balkcom Y Bannister
Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates YBeck Y Benefield
Benn Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Y Clark,B Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis.M Y Dizon.H Y Diion,S Y Dobbs Y Dover
Dunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Hamilton Y Banner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Y Hudson Ylrwin
Ylsakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston Y Lane.D
Lane.R Y Langford Y Lawrence
Y Lawson YLee Y Under YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney,B McKinney.C
Y Meadows Milam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfield

Y Smith.L Smith,P Smith.T Smith,W Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Wuliams,J Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Hamilton of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

FRIDAY, MARCH 9, 1990

2851

SB 586. By Senators Peevy of the 48th and Deal of the 49th:
A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to provide that a protective order issued to prevent disclosure of materials or informa tion related to a personal injury action or action for wrongful death produced in discovery in any cause shall not prohibit an attorney from voluntarily sharing such materials or information with another attorney.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to the renewal of a case after dismissal, so as to apply the privilege of renewal in cases which are originally filed in either a state or federal court which does not have subject matter jurisdiction; to provide for other matters relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to the renewal of a case after dismissal, is amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) The provisions of subsection (a) of this Code section granting a privilege of renewal shall apply if an action is discontinued or dismissed without prejudice for lack of subject matter jurisdiction in either a court of this state or a federal court in this state."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon
Atkins
Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove

Y Brooks
Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby
Cummings,B Y Cummings,M Y Davis.C Y Davis.G

Y Davis,M
Y Dixon.H
Y Dixon,S Dobbs
Y Dover
Dunn Y Edwards YEhrhart
Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
God bee YGoodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Banner Y Harris Y Hasty Y Heard

Y Herbert
Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson
Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
Lee Y Linder YLong

YLord
Lucas Y Lupton
Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B McKinney.C Y Meadows Milam Y Mobley
Y Moody Y Mortal Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham YParrish

2852

JOURNAL OF THE HOUSE,

Y Patten Y Pettit Y Pinkston
YPoag Y Porter YPoston
Powell Y Randall Y Ransom
YRay Y Reaves

Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith,L
Smith.P Y Smith.T

Smith.W Smyre
YSnow Y Stancil,F Y Stancil,S
Stanley YSteele Y Stephens Y Streat
Teper Y Thomas.C

Y Thomas,M Y Thompson Y Thurmond
Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C
Walker,L

Y Wall Ware
Y Watson Y Watts Y White
Wilder Williams.B Williams.J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 671. By Senator Phillips of the 9th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Anno tated, relating to the certifying and classifying of professionals employed in public schools, so as to change the conditions under which the State Board of Education may grant teaching certificates to certain persons.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd
Y Campbell Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon,H Y Diion,S
Dobbs Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee YGoodwin Y Green
Greene Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D
Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith,W Smyre Snow Y Stancil,F Y Stancil,S Y Stanley
YSteele Stephens
Y Streat Teper
Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Townsend Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Yates Y Yeargin
Murphy,Spkr

FRIDAY, MARCH 9, 1990

2853

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative McDonald of the 12th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 545. By Senators Gillis of the 20th, Dawkins of the 45th and English of the 21st:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for mandatory drug testing for certain state officials and employees and candidates for certain state offices; to provide for legislative findings; to provide for definitions; to pro vide for conditions, practices, procedures, and requirements connected with such testing.

The following Committee substitute was read:

A BILL
To amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candi dates, so as to provide for mandatory drug testing for candidates seeking to qualify for nomination or election to certain state offices; to provide for definitions; to provide for cer tification of such testing as a condition of qualification for nomination or election to state office; to provide for payment of testing costs; to provide for filing, maintenance, and inspection of such certifications; to provide for powers, duties, and authority of the Secre tary of State and the commissioner of human resources with respect to the foregoing; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Geor gia Annotated, relating to general provisions regarding the selection and qualification of candidates, is amended by adding at the end thereof a new Code section providing for mandatory drug testing of persons seeking to qualify for nomination or election to state office, to be designated Code Section 21-2-140, to read as follows:
"21-2-140. (a) As used in this Code section, the term: (1) 'Candidate' means any person seeking to qualify for nomination or election to
a state office in this state. (2) 'Established drug test' means the collection and testing of bodily fluids admin
istered in a manner equivalent to that required by the Mandatory Guidelines for Fed eral Workplace Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commis sioner of human resources.
(3) 'Illegal drug' means marijuana or any controlled substance included in Sched ule I or II of Code Section 16-13-25 or 16-13-26 but not when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.
(4) 'State office' includes the office of any of the following: the Governor, Lieuten ant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Jus tices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and members of the Pub lic Service Commission.

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JOURNAL OF THE HOUSE,

(b) Each candidate seeking to qualify for nomination or election to a state office shall as a condition of such qualification be required to certify that such candidate has tested negative for illegal drugs.
(c) At the time a candidate for state office qualifies for nomination or election, each such candidate shall file a certificate with the officer with whom such candidate qualifies stating that such candidate has been tested for illegal drugs as required under this Code section within 30 days prior to qualifying for nomination or election to state office and that the results of such test are negative. Such certificate shall be in a form approved by the Secretary of State from a laboratory listed by the commissioner of human resources under subsection (e) of this Code section. Such tests shall be conducted at the expense of the candidates; provided, however, that upon submission of a valid pauper's affidavit and a valid receipt, a candidate shall be reimbursed by the Secretary of State for the cost of such test in an amount not to exceed $25.00. No candidate shall be allowed to qualify for nomination or election to a state office unless he or she presents such certificate for filing at the time of such qualification.
(d) The certificates required under subsection (c) of this Code section shall be filed with the Secretary of State and shall be available for public inspection. If a candidate qualifies with a political party for nomination or election to a state office, such party shall submit all such certifications to the Secretary of State at such time as such candi dates are certified by the party to the Secretary of State. Such certificates shall be maintained by the Secretary of State for a period of three years.
(e) The commissioner of human resources shall be authorized to establish guidelines governing the administration of drug tests performed pursuant to this Code section and shall maintain a list of those laboratories qualified to conduct established drug tests; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds blind test samples to its testing program equal to or greater than 10 percent of the total number of such tests conducted by such laboratory.
(f) The commissioner of human resources and the Secretary of State shall be autho rized to promulgate rules and regulations to carry out the provisions of this Code sec tion."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Cheeks of the 89th moves to amend the committee substitute to SB 545 by striking in their entirety lines 1 through 3 on page 4, which read as follows:
"blind test samples to its testing program equal to or greater than 10 percent of the total number of such tests conducted by such laboratory.",
and inserting in lieu thereof the following:
"one to three blind test samples per shift to its testing program according to the num ber of tests run in each shift as determined by the laboratory."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron YAbernathy Y Adams

Aiken Y Alford Y Alien

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett,B

FRIDAY, MARCH 9, 1990

2855

Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd
Campbell Carrell Y Carter Y Chambless Y Chance Y Cheeks
Y Childers Y Clark.B Y Clark,H Y Clark.L Y Coleman
Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M

Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dkon,S
Y Dobbs Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee YGoodwin Y Green
Greene Gresham Y Griffin
Y Groover Y Hamilton
Manner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson Ylrwin
Y Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston YLane,D YLane,R Y Langiford Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin YMcCoy
Y McDonald Y McKelvey N McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody

Y Morion Y Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett Y Pannell
YParham Y Parrish Y Patten
Y Pettit Y Pinkston
YPoag Y Porter YPoston Y Powell
YRandall Y Ransom YRay Y Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,? Y Smith.T

Smith,W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Y Streat Teper
Y Thomas,C Thomas.M
Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L YWall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Yates YYeargin
Murphy ,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Oliver of the 121st and Thomas of the 31st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolution of the House, favorably reported by the Committee on Edu cation, was read:

HR 839. By Representatives Thomas of the 69th, Lee of the 72nd, Bailey of the 72nd, Carrell of the 65th, Watson of the 114th and others

A RESOLUTION
Creating the House Public School Child Care Study Committee; and for other pur poses.
WHEREAS, the quality, availability, and affordability of child care in Georgia is criti cal to the children of the state and continuing economic development in our state; and
WHEREAS, the private and public sector initiatives to increase the availability, affordability, and quality of child care must be equally and simultaneously nurtured; and
WHEREAS, the integrity and viability of the private child care community must be maintained in order to preserve and increase available child care for Georgia's children; and
WHEREAS, the children of Georgia deserve equal protection from the state in all forms of out-of-home child care; and

2856

JOURNAL OF THE HOUSE,

WHEREAS, the State of Georgia must concentrate on developing child care options for at-risk children.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Public School Child Care Study Committee to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman shall call all meetings of the com mittee.
BE IT FURTHER RESOLVED that the committee shall be authorized to conduct a thorough and continuing study of after school child care options in Georgia. The commit tee shall also undertake a study of the issues and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolu tion. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provi sions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with sug gestions for proposed legislation, if any, such report shall be made on or before December 1, 1990. The committee shall stand abolished on December 1, 1990.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford
Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Carrell Y Carter
Chambless Chance
Y Cheeks

Y Childers Clark,B
Y Clark,H Y Clark.L Y Coleman
Colwell Y Connell
Y Couch Crawford
Y Crosby Y Cummings,B
Y Cummings,M Y Davis.C Y Davis.G Y Davis,M
Dixon,H
Y Diion,S Y Dobbs Y Dover
YDunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee YGoodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D
Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell
YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

On the adoption of the Resolution, the ayes were 156, nays 0.

Y SmithJL Y Smith,P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat
Teper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J
Y Yates YYeargin
Murphy,Spkr

FRIDAY, MARCH 9, 1990

2857

The Resolution was adopted.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 714. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 12, the "Georgia Water Qual ity Control Act," so as to provide for water quality standards for certain lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to provide for water quality standards for lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply; to provide for certain measurements in connection with water quality standards; to provide for standards for tributary streams; to provide for monitoring of lakes and swimming areas; to provide for comprehensive studies of lakes and for scientific reports in connection therewith; to provide for certain public hearings; to provide for the adoption of lake water quality standards by the Board of Nat ural Resources; to provide for other matters relative to the foregoing; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," is amended by adding a new Code Section 12-5-23.1 immediately following Code Sec tion 12-5-23 to read as follows:
"12-5-23.1. (a) As used in this Code section, the word 'lake' means any publicly owned lake or reservoir located wholly or partially within this state which has a normal pool level surface average of 1,000 or more acres.
(b) The director shall establish water quality standards for each lake which require the lake to be safe and suitable for fishing and swimming and for use as a public water supply, unless a use attainability analysis conducted within requirements of this article demonstrates such standards are unattainable.
(c) (1) For purposes of this subsection, a multiple parameter approach for lake water quality standards shall be adopted. Numerical criteria including, but not limited to, those listed below shall be adopted for each lake:
(A) pH (maximum and minimum); (B) Fecal coliform bacteria; (C) Chlorophyll a for designated areas determined as necessary to protect a spe cific use; (D) Total nitrogen; and (E) Total phosphorus loading for the lake in pounds per acre feet per year. (d) The standards for water quality of each lake shall take into account the geo graphic location of the lake within the state and the location of the lake within its watershed as well as horizontal and vertical variations of hydrological conditions within each lake. The director shall also establish nutrient limits for each of the lakes' major tributary streams, including streams with permitted discharges. Such limits shall be con sistent with the requirements of subsection (b) of this Code section and shall be estab lished on the basis of accepted limnological techniques and as necessary in accordance

2858

JOURNAL OF THE HOUSE,

with the legal and technical principles for total maximum daily loads. The nutrient lim its for tributary streams shall be established at the same time that the lake water qual ity standards are established.
(e) After water quality standards are established for each lake and its tributary streams, the division shall monitor each lake on a regular basis to ensure that the lake reaches and maintains such standards.
(f) The data from such monitoring shall be public information. The director shall have the authority to close a swimming area if data from samplings indicates, in the opinion of the director, that such action is necessary for public safety.
(g) Provided funds are available from any source, there shall be a comprehensive study of each lake prior to adopting lake water quality standards for the lake. Study components and procedures will be established after consultation with local officials and affected organizations. The comprehensive study for Lake Sidney Lanier, Lake Walter F. George, and West Point Lake shall be initiated during 1990. At least three compre hensive studies for remaining lakes shall be initiated in each subsequent year. The dura tion of each study shall not exceed two years. A scientific report on each comprehensive study shall be published within 180 days after the completion of the study. Draft recom mendations for numerical criteria for each of the water quality parameters will be simul taneously published, taking into account the scientific findings. A public notice of the draft recommendations, including a copy of the recommendations, will be made available to the public. Public notice in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be provided for such recommendations. The notice shall be made available at least 30 days prior to board action in a regional public library or county courthouse. The recommendation will be provided to persons submitting a written request. A comment period of not less than 45 days nor more than 60 days will be provided.
(h) The director or the director's designee shall conduct a public hearing within the above-referenced comment period in the vicinity of the lake before the final adoption of lake water quality standards for the lake. The director shall announce the date, time, place, and purpose of the public hearing at least 30 days prior to the hearing. A ten-day period subsequent to the hearing will be allowed for additional public comment.
(i) The Department of Natural Resources will evaluate the comments received during the comment period and during the public hearing and will then develop recommended final standards and criteria for submission to the Board of Natural Resources for consid eration and approval.
(j) The final recommendations of the director for lake water quality standards shall be made to the Board of Natural Resources within 60 days after the close of the com ment period subsequent to the public hearing provided for in subsection (h) of this Code section. The standards, with such modifications as the board may determine, shall be considered for adoption by the Board of Natural Resources within 60 days after receiv ing the recommendations from the director. Such standards shall be published by the department and made available to all interested local government officials and citizens of the area served by the lake.
(k) At the discretion of the director, comment periods and deadlines set forth above may be extended, but in no circumstance shall more than one year elapse between the completion of the lake study and the adoption of the final recommendations."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Colwell of the 4th moves to amend the Committee substitute to SB 714 by inserting in line 13 on page 1 between the word and semicolon "Resources;" and the word "to" the following:

FRIDAY, MARCH 9, 1990

2859

"to prohibit the issuance of a permit for the construction or operation of a sewage or waste-water treatment facility by a municipality outside its corporate limits without a finding that such construction or operation is in the public interest;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively, and by adding a new Section 2 to read as follows:
"Section 2. Said article is further amended by adding a new Code Section 12-5-30.2 to read as follows:
'12-5-30.2. The director shall not issue a permit for the construction or operation of a sewage or waste-water or sewage and waste-water treatment facility by a munici pality outside its corporate limits unless the director, after a review of the findings of an environmental impact assessment, including community impact, finds that the facility is in the public interest.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy
Adams Aiken N Alford Y Alien N Athon
Atkins
Bailey N Baker
Balkcom N Bannister N Barfoot N Bargeron Y Barnett,B N Barnett.M
NBeck Benefield Benn Birdsong
Y Bishop N Bostick N Branch N Breedlove Y Brooks N Brown YBuck N Buford YByrd N Campbell N Carrell N Carter
Chambless Chance Y Cheeks

N Childers
Clark.B N Clark.H
Y Clark.L Y Coleman Y Colwell
Connell N Couch N Crawford
N Crosby Cummings,B
Y Cummings.M Y Davis.C N Davis.G N Davis.M N Dixon.H Y Diion,S N Dobbs Y Dover
Dunn N Edwards NEhrhart
Felton N Fennel N Floyd,J.M
N Floyd,J.W Foster Godbee
Y Goodwin
Green Greene Y Gresham Griffin Groover Hamilton Manner

N Harris
N Hasty N Heard
N Herbert N Holcomb N Holland N Holmes Y Hooks Y Howren N Hudson Ylrwin
Isakson N Jackson,J
Jackson.W Y Jamieson N Jenkins
Johnson N Jones N Kilgore N Kingston Y Lane,D
Lane,R Langford N Lawrence N Lawson Lee N Linder
N Long NLord N Lucas N Lupton N Mangum N Martin N McCoy N McDonald N McKelvey

McKinney,B
Y McKinney.C Meadows Milam
Y Mobley Y Moody YMorton
Moultrie N Mueller
Oliver.C Oliver,M NOrr Orrock Y Padgett N Pannell NParham N Parrish N Patten Pettit Y Pinkston NPoag N Porter YPoston N Powell NRandall N Ransom NRay N Reaves Y Redding Y Richardson N Ricketson Y Robinson N Royal N Selman N Simpson Sinkfield

On the adoption of the amendment, the ayes were 40, nays 89. The amendment was lost.

Smith,L Smith,? Smith.T N Smith.W
Smyre YSnow N Stancil,F
N Stancil,S Y Stanley N Steele N Stephens N Streat
Teper N Thomas.C Y Thomas,M
Thompson Y Thurmond N Titus
Tolbert N Townsend
Twiggs Y Vaughan N Waddle Y Walker.C
Walker.L Y Wall
Ware N Watson N Watts Y White Y Wilder N Williams.B
Williams,J N Yates N Yeargin
Murphy ,Spkr

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

2860
Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

JOURNAL OF THE HOUSE,

Y Childers Clark,B
Y Clark.H
Y Clark.L Y Coleman
Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J
Jackson.W Y Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Lane.R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett YPannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter
Poston Y Powell YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Smith.P Smith.T
Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley
YSteele Y Stephens
Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 417. By Senators Kidd of the 25th, Walker of the 43rd and Shumake of the 39th:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council and the establishment of flexible employee benefit plans, so as to provide that the employee welfare benefits under flexible employee benefit plans may be operated as a self-insured plan in whole or in part or by contract with an authorized company.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Anno tated, relating to the Employee Benefit Plan Council, and the establishment of flexible employee benefit plans, so as to provide that the flexible employee benefit plan may pro vide for deductions or salary deductions for health care or dependent care spending accounts as authorized under certain provisions of the United States Internal Revenue Code of 1986; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Anno tated, relating to the Employee Benefit Plan Council and the establishment of flexible

FRIDAY, MARCH 9, 1990

2861

employee benefit plans, is amended by striking in its entirety Code Section 45-18-52, relat ing to the establishment of flexible employee benefit plans, and inserting in lieu thereof a new Code Section 45-18-52 to read as follows:
"45-18-52. The council is authorized to establish a flexible employee benefit plan for employees of the state and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chap ter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, disability insurance, supplemental health and accident insur ance, health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter. Except as provided in Code Section 45-18-30 and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childers
Clark,B
Clark,H Clark,L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Y Davis,G Y DavisJM Y Dhron.H Y Diion,S
Dobbs Y Dover
YDunn Y Edwards YEhrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Banner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson.J
Jackson,W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston YLane,D Y Lane,R YLangford Y Lawrence Y Lawson YLee
Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit Y Pinkston
YPoag Y Porter YPoston Y Powell YRandall
Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Smith,P
Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley YSteele
Stephens Streat YTeper
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Twiggs
YVaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J YYates YYeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

2862

JOURNAL OF THE HOUSE,

Representative Stephens of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitutes and has appointed a Committee of Conference on the following Bills of the House:

HB 1280.

By Representatives Thomas of the 69th, Pettit of the 19th and Chambless of the 133rd:
A bill to amend Code Section 49-5-41 of the Official Code of Georgia Anno tated, relating to persons and agencies permitted access to records concerning reports of child abuse and deprivation, so as to provide access to such records to the State Personnel Board and its hearing officers in order to con sider personnel disciplinary actions before the State Personnel Board con cerning records of child abuse and deprivation.

The President has appointed on the part of the Senate the following: Senators Langford of the 35th, Barker of the 18th and Parker of the 15th.

HB 1617. By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juve nile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.

The President has appointed on the part of the Senate the following: Senators Langford of the 35th, Barker of the 18th and Parker of the 15th.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Anno tated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size.

The following substitute, offered by Representative Aiken of the 21st, was read:

A BILL
To amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that a physically

FRIDAY, MARCH 9, 1990

2863

disabled person has the right to be accompanied by a service dog in certain places; to pro vide penalties; to amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 years in precincts of a certain size; to amend Code Section 21-3-165 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in municipal elections, so as to require that seating be availa ble for handicapped voters and voters over the age of 65 years in municipal elections in precincts of a certain size; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, is amended by striking Code Sec tion 30-4-1, relating to the right to equal public accommodations and the right to be accompanied by a guide dog, and inserting in lieu thereof a new Code Section 30-4-1 to read as follows:
"30-4-1. (a) Blind persons, visually handicapped persons, and deaf persons, and physically disabled persons are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transporta tion and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
(b) Every totally or partially blind person, and every deaf person, and every physi cally disabled person shall have the right to be accompanied by a guide dog or service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide dog or service dog; provided, however, that he shall be liable for any damage done to the premises or facilities by such dog.
(c) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog in the location of his vending operation provided the guide dog remains 25 feet or more from any food."
Section 2. Said chapter is further amended by striking Code Section 30-4-2, relating to the right to housing accommodations, and inserting in lieu thereof a new Code Section 30-4-2 to read as follows:
"30-4-2. (a) As used in this Code section, the term 'housing accommodations' means any real property or portion thereof which is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings but shall not include any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
(b) Blind persons, visually handicapped persons, and deaf persons, and physically disabled persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons.
(c) Every totally or partially blind person, ad every deaf person, and every physi cally disabled person who has a guide dog or service dog or who obtains a guide dog or service dog shall be entitled to full and equal access to all housing accommodations provided for in this Code section, and he shall not be required to pay extra compensa tion for such guide dog or service dog. However, he shall be liable for any damage done to the premises by such guide dog or service dog.
(d) Nothing in this Code section shall require any person renting, leasing, or other wise providing real property for compensation to modify his property in any way or pro vide a higher degree of care for a blind, visually handicapped, or deaf person, or physically disabled person than for a person who is not so handicapped."

2864

JOURNAL OF THE HOUSE,

Section 3. Said chapter is further amended by striking Code Section 30-4-3, relating to the penalties for denial of or interference with admittance to or enjoyment of facilities or exercise of rights, and inserting in lieu thereof the following:
"30-4-3. Any person, firm, or corporation, or the agent of any person, firm, or corpo ration, who denies or interferes with admittance to or enjoyment of the facilities enu merated in this chapter or otherwise interferes with the rights of a totally or partially blind person, er deaf person, or physically disabled person shall be guilty of a misde meanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00, or by imprisonment for not more than ten days, or by both such fine and imprison ment."
Section 4. Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in general elections and pri maries, is amended by redesignating subsection (b) as subsection (c) and by inserting a new subsection (b) to read as follows:
"(b) In each precinct which contained more than 2,000 electors at the previous gen eral election, the superintendent shall direct the chief manager of the precinct to provide seating in the ratio of one chair per 500 electors at the previous general election to be reserved for the use of handicapped voters or voters over the age of 65 years."
Section 5. Code Section 21-3-165 of the Official Code of Georgia Annotated, relating to the arrangement and storage of equipment at polling places in municipal elections, is amended by redesignating subsection (d) as subsection (e) and by inserting a new subsec tion (d) to read as follows:
"(d) In each precinct which contained more than 2,000 electors at the previous gen eral election, the municipal superintendent shall direct the chief manager of the precinct to provide seating in the ratio of one chair per 500 electors at the previous general elec tion to be reserved for the use of handicapped voters or voters over the age of 65 years."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Thomas of the 69th moves to amend the Floor substitute to SB 177 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to insti tute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct; to change the provisions relating to the selection of a judge to preside over certain cases or contests relating to primaries, elections, election contests, or the recall of elected officials; to provide for the powers and duties of judges presiding over such cases or matters; to provide for compensation and expenses; to provide for practices and procedures; to provide for notices; to provide for orders; to provide for the jurisdiction of superior courts; to provide for venue; to provide for pretrial proceedings; to require that seating be available".
By striking lines 6 through 12 of page 1 and inserting in lieu thereof the following:
"precincts of a certain size; to provide for the review of grounds for recall petitions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes."
By adding between lines 13 and 14 of page 1 the following:
"Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-32, relating to institution of and intervention in court actions regarding the election laws of this state, and inserting in lieu thereof a new Code Section 21-2-32 to read as follows:

FRIDAY, MARCH 9, 1990

2865

'21-2-32. (a) The State Election Board shall have the right to institute or to intervene as a party in any action in any court of this state or of the United States, seeking mandamus, injunction, or other relief, to compel compliance with any election or primary law of the state or with any valid rule or regulation of the board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith, including the right to seek such relief for any anticipatory breach.
(b) Any petition seeking any of the relief authorized in subsection (a) of this Code section shall be filed in the superior court of the county of residence of the superin tendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct. A41 proceedings shall be heart and
HI wnicn sucn county is located, wno is senior m time of service and, m case of dis~ Qualification of sucn judge of tn tnc event or me rciusai ot sucn judge to act, Dy tnat
sougnt, tnc petition may oe presented to sucn judge prior to its tiling tor consideration ef the application for such order.
(c) Upon the filing of such petition, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative dis trict in which the county lies, or the district court administrator, who shall immedi ately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was insti tuted, or a senior judge who is not a resident of the circuit in which the proceeding was instituted, to preside over the proceeding.
(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an adminis trative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. In the event any temporary order is sought, the petition may be presented to the administrative judge prior to its filing for consideration of the application for such order. If the petition upon which tempo rary relief is sought prior to the filing will be filed in any county of the circuit of the administrative judge, then the petition may be presented to the administrative judge of an adjoining district prior to its filing for consideration of the application for such order.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service.
{e} (f) If, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules, and regula tions, the judge may enter such order concerning the conduct of such election or pri mary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Election Board.

2866

JOURNAL OF THE HOUSE,

fd) (g) Upon any action being filed in any court of this state seeking relief affect ing the calling, holding, conduct, determination, result, tabulation, or certification of any election or primary, except those instituted by the State Election Board, a copy of the proceeding shall be served upon such board by mailing a copy of same to the chairman by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or his the plaintiffs attorney.
{e) (h) Any verdict, judgment, decree, order, ruling, or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any appeal has been filed or the record docketed in such cases.'"
By striking lines 14 through 17 of page 1 and inserting in lieu thereof the following:
"Section 2. Said title is further amended by redesignating subsection (b) of Code Section 21-2-267, relating to the arrangement and storage of equipment at polling places in general elections and primaries, as".
By adding between lines 26 of page 1 and line 1 of page 2 the following:
"Section 3. Said title is further amended by striking Code Section 21-2-523, relating to jurisdiction and general pretrial proceedings in the superior court in election contests, and inserting in lieu thereof a new Code Section 21-2-523 to read as follows:
'21-2-523. (a) A contest case governed by this article shall be tried and deter mined by the superior court of the county where the defendant resides. A contest case challenging the eligibility of the two defendants declared as eligible to compete with each other in a run-off primary or election shall be tried and determined by the supe rior court of the county where the defendant who received the highest number of votes resides.
(b) The superior court having jurisdiction of a contest case governed by this article shall be presided over by the judge of the a superior court judge or senior judge, in tfie jucticifll circuit or circuits ftdjoimng tne judicisi circuit or circuits conto.ining tne
of SL superior court but who resides outside of trie judicisl circuit, trie congression8.1 of senstorisl district, o? otner ftre8 involved m tne contest, l JIG superior court jud^e or senior judge who presides over the contest shall be selected as set out in subsection (c) of this Code section.
(c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the judge, described H subsection {fe) ef this
is disqualified of unaDie to serve, tnc clcrlt siiall immediately notity tnc \j ovcrnor of sucn tact; and tnc LJovcrnor snail appoint & disinterested judge ol superior court &f senior jttdge of superior court, residing outside of the judicial circuit, the congressional
sucn judge, oucfi judge Of senior judge snail promptly ocgin presiding over sucn pro

mileage allowance as other state officials ad employees administrative judge for the judicial administrative district in which that county lies, or the district court adminis trator, who shall immediately notify the administrative judge, of the institution of pro ceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest.

FRIDAY, MARCH 9, 1990

2867

(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an adminis trative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service.'"
By striking lines 1 through 4 of page 2 and inserting in lieu thereof the following:
"Section 4. Said title is further amended by redesignating subsection (d) of Code Section 21-3-165, relating to the arrangement and storage of equipment at polling places in municipal elections, as".
By inserting between lines 13 and 14 of page 2 the following:
"Section 5. Said title is further amended by striking Code Section 21-4-6, relating to the review of grounds for a recall petition, and inserting in lieu thereof a new Code Sec tion 21-4-6 to read as follows:
'21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application.
(D) 1 ne superior court navmg jurisdiction of a sufficiency review case governed by this Code section shall fee presided eve* fey the judge ef the superior court in the judi-

ef a superior court bat whe resides outside ef the judicial circuit containing th county in which such petition is filed. The superior court having jurisdiction of a case gov erned by this chapter shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the case shall be selected as set out in subsection (c) of this Code section.
clerk ef th superior court having jurisdiction shall immediately notify the judge, described i subsection {fe} ef this Code section, ef th institution ef proceedings

terested judge of supcfIOF court OF senior judge of superior court, residing outside of the judicial circuit containing tne county tn wnicn sucn petition is tiled, TO serve ~ffi
evr such proceedings in such court aad shall determine same as soon as practicable. lie snail i&e reimoursed lor nis ftctusl expenses tor lood QRd lodging find ne snflfl receive tne same miledge aiiowance ds otner state oiiiciais find employees, upon trie filing of a sufficiency review petition under this Code section, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the

2868

JOURNAL OF THE HOUSE,

judicial administrative district in which that county lies, or the district court adminis trator, who shall immediately notify the administrative judge, of the institution of pro ceedings under this chapter. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest.
(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an adminis trative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly being presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service.
{d} (f) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such alleged fact or facts as to form and not as to truth and shall not include discovery or evidentiary hearings.
{e} |gj If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holidays, and such court shall consider such appeal on an expedited basis.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By striking line 14 of page 2 and inserting in lieu thereof the following:
"Section 7. All laws and parts of laws in conflict".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford

Y Alien Athon
Y Atkins Y Bailey Y Baker

Balkcom Y Bannister N Barfoot Y Bargeron Y Barnett,B

Y Barnett,M Y Bates Y Beck Y Benefield
Benn

Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove

FRIDAY, MARCH 9, 1990

2869

Y Brooks
Y Brown YBuck
Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers
Clark,B Y Clark.H
Clark,L
Y Coleman Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis,C
Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S
Dobbs Y Dover YDunn

Y Edwards
Ehrhart Y Felton Y Fennel N Floyd,J.M Y FloydJ.W
Y Foster YGodbee Y Goodwin Y Green Y Greene Y Gresham Y Griffin
Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W
Jamieaon

Y Jenkins
Johnson Y Jones Y Kilgore
Y Kingston
Y Lane,D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Y Under
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
McCoy
Y McDonald Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C

Y Oliver.M YOrr
Orrock N Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston
YPoag Porter
Poston Y Powell YRandall
Y Ransom YRay Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T Y Smith.W
Smyre

YSnow Y Stancil,F Y Stancil.S Y Stanley YSteele Y Stephens
Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Y Vaughan Y Waddle Y Walker.C Y Walker,L YWall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SB 579. By Senator Bowen of the 13th:
A bill to amend Code Section 24-10-27 of the Official Code of Georgia Anno tated, relating to witness fees for law enforcement officers, correctional offi cers, and similar persons, so as to provide for the payment of such witness fees to any arson investigator of the state fire marshal's office or any member of a local fire department.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck
Y Benefield YBenn Y Birdsong

Y Bishop
Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance N Cheeks
Y Childers Clark,B
Y Clark.H CIark,L
Y Coleman Colwell

Connell Y Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G
Y Davis,M Y Dixon,H Y Dizon,S
Dobbs Y Dover YDunn
Edwards Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster

YGodbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin
Y Groover
Y Hamilton Hanner
Y Harris Hasty
Y Heard
Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Y Isakson

Y Jackson,J Y Jackson.W
Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston YLane,D
YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton
Mangum Y Martin

2870

JOURNAL OF THE HOUSE,

Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Milam Y Mobley Y Moody Y Morton Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr

Y Orrock
Y Padgett Y Pannell
Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Porter Postal
Y Powell Randall
Y Ransom YRay

Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield
Y Smith,L Y Smith.P
Smith.T
Y Smith.W Smyre
YSnow

Y Stancil,F
Y Stancil,S Y Stanley
Y Steele Y Stephens Y Streat YTeper
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend

Y Vaughan Y Waddle Y Walker.C
Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams^ Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 152, nays 1. The Bill, having received the requisite constitutional majority, was passed.

SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Anno tated, relating to buildings presenting special hazards to persons and prop erty and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings protected by approved automatic sprinkler systems.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide certain requirements for corridor smoke detector systems and single station smoke detectors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and requirements as to construction and maintenance generally, is amended by striking subsection (d) in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) The Commissioner is directed to investigate and examine construction and engi neering techniques; properties of construction materials, fixtures, facilities, and appli ances used in, upon, or in connection with buildings and structures; and fire prevention and protective techniques, including, but not limited to, the codes and standards adopted, recommended, or issued from time to time by the National Fire Protection Association (National Fire Code and National Electric Code), the American Insurance Association (National Building Code), the successor to the National Board of Fire Underwriters, the American Standards Association, and the Standard Building Code Congress (Southern Standard Building Code). Based upon such investigation, the Com missioner is authorized to determine and by rule to provide what reasonable and practi cal protection must be afforded property and persons with respect to: exits; fire walls and internal partitions adequate to resist fire and to retard the spread of fire, smoke, heat, and gases; electrical wiring, electrical appliances, and electrical installations; safety and protective devices, including, but not limited to, fire escapes, fire prevention equip ment, sprinkler systems, fire extinguishers, panic hardware, fire alarm and detection sys tems, exit lights, emergency auxiliary lights, and other similar safety devices; flameproofing; motion picture equipment and projection booths; and similar facilities;

FRIDAY, MARCH 9, 1990

2871

provided, however, that en and after January ^ 1989, any building described in subparagraph () ef paragraph 4i) ef subsection {b) (b)(l)(C) of this Code section which was constructed prior to 1076 shall be required to have a smoke or products of combustion detector listed by a nationally recognized testing laboratory; and, regardless of the man ufacturer's instructions, such detectors in these buildings shall be located in all interior corridors, halls, and basements no more than 30 feet apart or more than 15 feet from any wall; where there are no interior halls or corridors, the detectors shall be installed in each sleeping room. Required corridor smoke detector systems shall be electrically interconnected to the fire alarm, if a fire alarm is required. If a fire alarm is not required, the detectors at a minimum shall be approved single station detectors powered from the building electrical service."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Y Alien Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
YBeck Benefield Benn
Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck
Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Clark.L
Y Coleman
Colwell Connell
Y Couch Y Crawford Y Crosby Y Cummings.B
Y Cummings,M Y Davis.C
Davis.G Y Davis.M Y Dixon,H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W N Foster
Godbee Y Goodwin Y Green
Y Greene Y Gresham
N Griffin Y Groover Y Hamilton
Hanner

Y Harris Y Hasty
Heard Y Herbert N Holcomb
Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin
YIsakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Y Lucas Y Lupton Y Mangum
Y Martin YMcCoy
McDonald
Y McKelvey

McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett
Pannell YParham
Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter
Poston
Y Powell Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F Y Stancil.S
Y Stanley Steele
Y Stephens
Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts
Y White Wilder
Y Williams,B Williams,J
YYates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

2872

JOURNAL OF THE HOUSE,

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commis sion, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

The President has appointed on the part of the Senate the following: Senators Edge of the 28th, Peevy of the 48th and Deal of the 49th.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate amendment thereto:

HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to pro hibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circum stances.

Representative Ricketson of the 82nd moved that the House insist on its position in amending the Senate amendment to HB 402 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Ricketson of the 82nd, Parrish of the 109th and Green of the 106th.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:

SB 204. By Senators Phillips of the 9th, Peevy of the 48th and Edge of the 28th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled sub stances and marijuana, so as to create a new criminal offense of possessing, manufacturing, delivering, distributing, dispensing, administering, selling, or possessing a controlled substance or marijuana while on or in proximity to school property or a school bus stop.

The following Senate amendment to the House substitute was read:

FRIDAY, MARCH 9, 1990

2873

Amend the House substitute to SB 204 by inserting on line 12 of page 1 after "prose cution;" the following:
"to amend Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of the driver's license of persons convicted of possession of controlled sub stances or marijuana, as enacted by HB 1200 passed at the 1990 session of the General Assembly, so as to authorize persons 16 years of age to attend juvenile court sponsored DUI alcohol or drug use risk reduction programs;".
By inserting after line 34 of page 2 the following:
"Section 1.5. Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of the driver's license of persons convicted of possession of controlled sub stances or marijuana, as enacted by HB 1200 passed at the 1990 session of the General Assembly, is amended by adding at the end a new subsection (h) to read as follows:
'(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an assessment component and an education/intervention component or intensive intervention component of a DUI alco hol or drug use risk reduction program operated by or under contract with the juve nile court in lieu of a program as prescribed by the Department of Human Resources.'"
By striking from line 2 of page 4 the following:
"shall apply to criminal offenses committed on or after that date",
and inserting in lieu thereof the following:
"Section 1 of this Act shall apply to criminal offenses committed on or after that date and Section 1.5 shall apply to all adjudications on or after that date".

Representative Thomas of the 69th moved that the House agree to the Senate amend ment to the House substitute to SB 204.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron V Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Bostick
Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd

Y Campbell Y Carrell
Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark,H
Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis,C Y Davis.G Y Davis.M
Y Dixon.H Y Dixon,S
Dobbs Y Dover YDunn Y Edwards
Y Ehrhart Y Felton Y Fennel

Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Good win
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones

Y Kilgore Y Kingston Y Lane,D
YLane,R Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
YMcCoy McDonald
Y McKelvey McKinney,B
Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr

Orrock Y Padgett Y Pannell YParham YParrish
Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal
Y Selman Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith,T
Y Smith.W Smyre
YSnow

2874

JOURNAL OP THE HOUSE,

Stancil,F
YStancil,S Y Stanley Y Steele Y Stephens YStreat

Y Teper
Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Titus

Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C

On the motion, the ayes were 154, nays 0. The motion prevailed.

Y Walker.L
Y Wall Y Ware Y Watson Y Watts Y White

Y Wilder
Y Williams.B Williams^
Y Yates Y Yeargin
Murphy,Spkr

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1254. By Representatives White of the 132nd, Mangum of the 57th, Adams of the 79th, Barnett of the 59th, Hamilton of the 124th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to strike, revise, and reenact Article 3 of Chapter 3 of Title 20, "The Postsecondary Educational Authori zation Act of 1978," so as to provide for the regulation of proprietary schools and postsecondary educational institutions under that article; to change the short title.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1254

The Committee of Conference on HB 1254 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1254 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st David Scott
Senator, 36th District
Is/ John C. Foster Senator, 50th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Whlte Representative, 132nd District
/s/ Karen Osborne Irwin Representative, 13th District

/s/ Walter S. Ray Senator, 19th District

/s/ Mike Barnett Representative, 59th District

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the "Nonpublic Postsecondary Educational Institutions Act of 1990"; to provide for definitions; to provide for the regulation of proprietary schools and postsecondary educational institutions; to provide for exemptions; to establish the Nonpublic Postsecondary Education Commission; to provide for the selection, terms, qualifications, compensation, and expenses of members of the commission; to provide for the commission's organization, meetings, and vacancies; to establish the commission as a separate division of the Georgia Student Finance Com mission; to assign the commission to the Georgia Student Finance Commission for admin istrative purposes only; to provide that the commission shall be a budget unit of the executive branch of state government; to provide for the commission's duties and powers;

FRIDAY, MARCH 9, 1990

2875

to provide that the executive director of the Georgia Student Finance Commission shall be the executive director of the commission; to provide for the powers, duties, and respon sibilities of the executive director; to provide for minimum and alternative standards for nonpublic postsecondary educational institutions; to prohibit certain conduct relating to nonpublic postsecondary educational institutions and postsecondary activities; to provide that certain contracts will be unenforceable; to provide for applications and forms; to pro vide for authorization for branch facilities; to provide for grants and denials of authoriza tion to operate and the contents, terms, and conditions thereof; to provide for renewals of authorizations to operate; to require approval prior to making certain course offerings; to provide for the regulation of agents; to provide for agents' permits, applications, and terms and renewal of permits; to provide for bonding requirements; to provide for fees; to provide for payment of costs of evaluation committees; to provide for denial of applica tions for authorization to operate and for agents' permits; to provide for denial of renewals and revocation of authorization to operate and agents' permits; to provide for conditional permits and authorizations; to provide for administrative and judicial review of decisions of the commission and the executive director; to provide for complaints against nonpublic postsecondary educational institutions and their agents and for cease and desist orders, restitution, and other disciplinary actions; to provide for preservation of records when cer tain operations may be discontinued; to provide for enforcement and injunctive actions; to provide situations in which nonpublic postsecondary educational institutions become sub ject to jurisdiction of the courts of this state and provide for service of summons; to pro vide for funds and appropriations; to provide for civil penalties and fines; to prohibit certain conduct and provide criminal penalties therefor; to continue in effect certain certif icates of authorization and provide for transition; to provide for transfer of records, files, accounts, and related items to the newly created commission; to provide for the status of the executive director and other employees of the commission relative to the state merit system; to provide for retirement system membership; to provide for statutory construc tion; to repeal specifically Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Postsecondary Educational Authorization Act of 1978," and Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Proprietary School Act"; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (3) of subsection (c) of Code Section 15-18-22, relating to use by district attorneys of law students, and inserting in its place a new paragraph to read as follows:
"(3) 'Law school' means a law school within this state which is approved by the American Bar Association or which is authorized to operate by tfee State Board ef Edu cation under Code Section 20-3-106 20-3-250.8 or which was chartered and began opera tion in this state prior to February 10, 1937, and continued in operation in this state on July 1, 1970."
Section 2. Said title is further amended by striking paragraph (3) of Code Section 15-20-3, relating to definitions regarding law school legal aid clinics, and inserting in its place a new paragraph to read as follows:
"(3) 'Law school' means a law school in this state which is approved by the American Bar Association or which is authorized to operate by the State Beard ef Education under Code Section 20-3-106 20-3-250.8, or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on March 28, 1967."
Section 3. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding between Parts 1 and 2 of Article 7, relating to scholarships, loans, and grants, a new Part 1A to read as follows:

2876

JOURNAL OF THE HOUSE,

"Part 1A
20-3-250.1. This part shall be known and may be cited as the 'Nonpublic Postsecondary Educational Institutions Act of 1990.'
20-3-250.2. As used in this part, the term: (1) 'Agent' means any person owning any interest in, employed by, or representing
for remuneration a nonpublic postsecondary educational institution within or outside this state who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education offered by such institution, or who offers to award educational credentials, for remuneration, on behalf of any such institution, or who holds himself out to residents of this state as representing a nonpublic postsecondary educational institution for any such purpose.
(2) 'Agent's permit' means a nontransferable written authorization issued to a nat ural person by the executive director which allows that person to solicit or enroll any resident of this state for education in a nonpublic postsecondary educational institu tion.
(3) 'Authorization to operate,' or like term, means authorization by the commission to operate or to contract to operate a nonpublic postsecondary educational institution in this state or to conduct nonpublic postsecondary activities.
(4) 'Certificate' means a diploma or similar document indicating satisfactory com pletion of training in a course offered by a proprietary school.
(5) 'Commission' means the Nonpublic Postsecondary Education Commission pro vided for in Code Section 20-3-250.4.
(6) 'Course' means any plan or program of instruction, whether conducted in per son, by mail, or by any other method.
(7) 'Date of notice' means the date the notice is mailed by the executive director. (8) 'Education' or 'educational services,' or like term, means, but is not limited to, any class, course, or program of training, instruction, or study. (9) 'Educational credentials' means certificates, degrees, transcripts, reports, docu ments or letters of designation, marks, appellations, series of letters, numbers, or words which signify, purport, or are generally taken to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for education at a nonpublic postsecondary educational institution. (10) 'Executive director' means the executive director of the Georgia Student Finance Commission. (11) 'Entity' means, but is not limited to, any company, firm, society, association, partnership, corporation, or trust. (12) 'Nonpublic' means a private postsecondary educational institution not estab lished, operated, or governed by the State of Georgia, or any public or private postsecondary institution legally operating in another state or nation that conducts postsecondary activities in Georgia or offers postsecondary instruction leading to a postsecondary degree or certificate granted to Georgia residents from a location out side Georgia by correspondence or any telecommunications or electronic media tech nology. (13) 'Notice to the postsecondary educational institutions' means written correspon dence sent to the address of record for legal service contained in the application for a certificate of authorization as provided for in this part. (14) 'Owner' of a postsecondary educational institution means:
(A) In the case of a postsecondary educational institution owned by an individ ual, that individual;
(B) In the case of a postsecondary educational institution owned by a partner ship, all full, silent, and limited partners; and
(C) In the case of a postsecondary educational institution owned by a corpora tion, the corporation and each shareholder owning shares of issued and outstanding stock aggregating at least 10 percent of the total of the issued and outstanding shares. (15) 'Person' means any individual, firm, partnership, association, corporation, or other private entity.

FRIDAY, MARCH 9, 1990

2877

(16) 'Postsecondary degree' means a credential conferring on the recipient thereof the title of 'Associate,' 'Bachelor,' 'Master,' or 'Doctor,' or an equivalent title, signify ing educational attainment based on:
(A) Study; (B) A substitute for study in the form of equivalent experience or achievement testing; or (C) A combination of the foregoing, provided that, 'postsecondary degree' shall not include any honorary degree or other so-called 'unearned' degree. (17) 'Postsecondary activity' means awarding a postsecondary degree or certificate or conducting or offering study, experience, or testing for an individual, or certifying prior successful completion by an individual of study, experience, or testing under the representation that the individual successfully completing the study, experience, or testing will be awarded therefor, at least in part, a postsecondary degree or certificate.
(18) 'Postsecondary educational institution' means a postsecondary degree-granting nonpublic college or university or a proprietary school, offering instruction or educa tional services primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance or any sole proprietorship, group, partnership, venture, society, company, corporation, school, or consortium of colleges and universities that engages in, purports to engage in, or
intends to engage in any type of postsecondary activity. (19) 'Proprietary school' or 'school' means any business enterprise operated for a
profit or on a nonprofit basis which maintains a place of business within this state or solicits business within this state and which is not specifically exempted by Code
Section 20-3-250.3, and: (A) Which offers or maintains a course or courses of instruction or study; and (B) At which place of business such a course or courses of instruction or study
are available through classroom instruction or correspondence, or both, to a person or persons for the purpose of training such person for work in a business, trade, or
technical or industrial occupation. (20) 'School employee' means any person, other than any 'owner' as defined in par agraph (14) of this Code section, who directly or indirectly receives compensation from
a postsecondary educational institution for services rendered. (21) 'Student' means any person who contracts to pay for and be the recipient of
any course defined in paragraph (6) of this Code section. (22) 'Support' or 'supported' means the primary source or having as the primary
source from which a school derives revenue to perform its operation.
(23) 'Telecommunications or electronic media technology' means a delivery mode which utilizes but is not limited to television, video cassette or disc, film, radio, com puter, or other supportive devices which build upon the audio-video format.
(24) 'To grant' means awarding, selling, conferring, bestowing, or giving. (25) 'To offer' means, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform
the act described. (26) 'To operate' an educational institution, or like term, means to establish, keep,
or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted and
includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary activities within this state or from a location outside of this
state by correspondence or by any telecommunications or electronic media technology. 20-3-250.3. (a) The following education and postsecondary educational institutions
are exempted from this part: (1) Institutions exclusively offering instruction at any or all levels from preschool
through the twelfth grade; (2) Education sponsored by a bona fide trade, business, professional, or fraternal
organization, so recognized by the commission, solely for that organization's member
ship or offered on a no-fee basis, not granting degrees; (3) Education solely avocational or recreational in nature, as determined by the
commission, and institutions, not granting degrees, offering such education exclusively;

2878

JOURNAL OF THE HOUSE,

(4) Postsecondary educational institutions established, operated, and governed by this state, its agencies, or its political subdivisions, as determined by the commission;
(5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration;
(6) Nonpublic, nonprofit, postsecondary educational institutions which demon strate to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, ministerial training, or training for other church related work, provided such institutions do not charge stu dent fees or tuition exceeding $250.00 per student per academic quarter or the equiva lent or grant postsecondary degrees of a nonreligious nature;
(7) Nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools;
(8) Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their dependents, or Department of Defense employees and other civilian employees of that installation;
(9) A school where the total instructional program is review or preparation for a specific examination and where the student's occupational training already makes the student eligible to sit for the examination;
(10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic, nonprofit college or university granting baccalaureate degrees whose princi pal office and campus are located in this state and its related graduate and profes sional programs, which have been in existence ten or more years as a nonpublic, nonprofit college or university prior to July 1, 1989, and is accredited by a national or regional accrediting agency recognized by the United States Department of Educa tion;
(11) A school regulated pursuant to the provisions of Title 43 shall be exempt only from the provisions of paragraph (2) of subsection (b) of Code Section 20-3-250.5, Code Section 20-3-250.6, and Code Section 20-3-250.11;
(12) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any liberal arts college or university whose principal office and campus are located in this
state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is accredited by a regional or national accrediting agency recognized by the United States Department of Education; and
(13) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $400.00, provided that the total charges incurred by any stu dent for all instruction, other than instruction which is solely avocational or recrea tional in nature as provided in paragraph (3) of this subsection, do not exceed $400.00 in any one calendar year.
(b) Except as otherwise provided in subsection (a) of this Code section, any nonpub lic postsecondary educational institution whose students participate in either state or federally funded student financial aid programs is specifically covered by this part.
20-3-250.4. (a) There is established the Nonpublic Postsecondary Education Com mission consisting of 12 members who shall be appointed by the Governor and con firmed by the Senate. One member shall be appointed from each congressional district and the remaining members shall be appointed as at-large members. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified.

FRIDAY, MARCH 9, 1990

2879

Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms.
(b) Two members of the commission shall be appointed to represent nonpublic postsecondary educational institutions and two members shall be appointed to represent nonpublic proprietary schools. The remaining members shall not be employed by or oth erwise represent or have an interest in any nonpublic postsecondary educational institu tion or nonpublic proprietary school.
(c) The commission shall elect from its members a chairperson, a vice chairperson, and such other officers as are considered necessary, each to serve for a one-year term. Officers may be elected to succeed themselves.
(d) Vacancies on the commission, except those caused by expiration of term, shall be filled by the Governor's appointing a successor who meets the requirement for the vacated position and who shall be confirmed by the Senate to serve for the remainder of the unexpired term of office.
(e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of at least six members of the commission.
(f) The members of the commission shall serve without compensation, but on presen tation of a voucher authorized by the chairperson of the commission and approved by the executive director, each member shall be entitled to receive for each day's expenses incurred while carrying out official commission business the same daily expense allow ance and travel or mileage allowance as that authorized for members of the General Assembly.
(g) A majority of the commission shall constitute a quorum for the conduct of busi ness, but not less than six voting members must concur in order for the commission to take official action.
(h) Any person appointed to the commission when the Senate is not in session may serve on the commission without Senate confirmation until the Senate acts on that appointment.
20-3-250.5. (a) The commission shall be a separate division of the Georgia Student Finance Commission and is assigned to the Georgia Student Finance Commission for administrative purposes only. The commission shall be a budget unit of the executive branch of the state government.
(b) The commission shall have the following powers and duties: (1) To establish and promulgate standards, rules, regulations, and policies for car
rying out the provisions of this part and for the orderly operation of the commission. To effectuate the purposes of this part, the commission may request from any depart ment, division, board, bureau, commission, or other agency of the state, and such agency shall provide such information as will enable the commission to exercise prop erly its powers and perform its duties under this part;
(2) To establish minimum criteria in conformity with Code Section 20-3-250.6, including quality of education, ethical and business practices, health and safety, and fiscal responsibility which applicants for authorization to operate or for an agent's per mit shall meet before such authorization or permit may be issued, and to continue such authorization or permit in effect. The criteria to be developed under this para
graph shall be such as will effectuate the purposes of this part but will not unreason
ably hinder legitimate educational innovation; (3) To negotiate and enter into interstate reciprocity agreements with similar agen
cies in other states if, in the judgment of the commission, such agreements are or will be helpful in effectuating the purposes of this part; but nothing contained in any such
reciprocity agreement shall be construed as limiting the commission's or the executive director's powers, duties, and responsibilities with respect to investigating indepen
dently or acting upon any application for authorization to operate or for renewal of such authorization to operate a nonpublic postsecondary educational institution, or
upon an application for issuance or renewal of any agent's permit, or with respect to
the enforcement of any provision of this part, or of any of the rules or regulations
promulgated under this part;

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(4) To promulgate rules, regulations, and procedures necessary or appropriate for the conduct of its work and the implementation of this part, and to hold such hear ings as it may deem advisable or as required by law in developing such rules, regula tions, and procedures, or in aid of any investigation or inquiry;
(5) To delegate to the executive director such administrative powers and duties, in addition to those powers and duties of the executive director otherwise specified in this part, as may be reasonably necessary to carry out effectively this part and to establish such administrative organization and procedures as may be reasonably neces sary to carry out this part;
(6) To exercise other powers and duties implied but not enumerated in this sub section but in conformity with this part which, in the judgment of the commission, are necessary in order to carry out this part;
(7) To submit annually to the House University System of Georgia Committee, to the House and Senate Education Committees, and to the Senate Higher Education Committee an annual written report summarizing the activities of the commission in regard to its responsibilities, activities, and administration of this part;
(8) To receive and hold title to property, equipment, money, and materials; and (9) To contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of services or activi ties the commission deems necessary.
(c) The executive director of the Georgia Student Finance Commission shall be the executive director of the commission. The executive director shall administer the provi sions of this part as provided in this subsection and as provided by rules, regulations, and policies of the commission. The executive director shall have the following powers and duties:
(1) To employ such personnel as may be necessary to carry out the provisions of this part and in connection therewith to develop job descriptions for such personnel;
(2) To receive, investigate as he may deem necessary, and act upon applications for authorization to operate nonpublic postsecondary educational institutions and upon applications for agents' permits;
(3) To maintain a list of nonpublic postsecondary educational institutions and agents authorized to operate in this state under this part. Such list shall be available for the information of the public;
(4) To receive and cause to be maintained as a permanent file copies of academic records in conformity with Code Section 20-3-250.17;
(5) To investigate as he may deem necessary on his own initiative or in response to any complaint lodged with him any person, group, or entity subject to, or reason ably believed by him to be subject to, the jurisdiction of this part; and, in connection therewith, to subpoena any persons, books, records, or documents pertaining to such investigation, which subpoenas shall be enforceable by any court of this state; to require answers in writing under oath to questions propounded by him; and to admin ister an oath or affirmation to any person in connection with any investigation; and
(6) To administer compliance with this part in accordance with standards, rules, regulations, and policies of the commission. 20-3-250.6. (a) In establishing the criteria required by paragraph (2) of subsection (b) of Code Section 20-3-250.5, the commission shall observe and shall require compli
ance with the following minimum standards:
(1) A nonpublic postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be main
tained and operated in compliance with the following minimum standards: (A) That the quality and content of each course or program of instruction, train
ing, or study are such as may reasonably and adequately achieve the stated objec tive for which the course or program is offered;
(B) That the institution has adequate space, equipment, library and physical
facilities, instructional materials, and personnel to provide education of good qual ity;

FRIDAY, MARCH 9, 1990

2881

(C) That the education and experience qualifications of directors, administra tors, supervisors, and instructors are such as may reasonably ensure that the stu dents will receive education consistent with the objectives of the course or program of study and that each instructor shall satisfactorily meet educational qualifications and other requirements established by the commission;
(D) That the institution provides students and other interested persons with a catalog or other written description containing information describing the programs offered; program objectives; length of program; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancel lation and refund policies; prior year's enrollment, graduation, and job placement rates; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the executive director or defined in the rules and regulations of the commission; and that such information is provided to prospective students prior to enrollment;
(E) That upon satisfactory completion of training, the student is given appropri ate educational credentials by such institution indicating that such course or courses of instruction or study have been satisfactorily completed by said student;
(F) That adequate records are maintained by the institution to show attendance, progress, or grades and that satisfactory standards are enforced relating to attend ance, progress, and performance;
(G) That the institution is maintained and operated in compliance with all perti nent ordinances and laws including rules and regulations, relative to the safety and health of all persons upon the premises;
(H) That the institution is financially sound and capable of fulfilling its commit ments to students;
(I) That neither the institution nor its agents engage in advertising, sales, collec tion, credit, or other practices of any type which are false, deceptive, misleading, or unfair;
(J) That the chief executive officer, trustees, directors, owners, administrators, supervisors, staff, and instructors are of good reputation and character and that each institution has an education director who meets the requirements established by the commission for such position which requirements shall be substantially related to the predominant course offerings at that institution;
(K) That the student housing owned, maintained, or approved by the institu tion, if any, is appropriate, safe, and adequate and meets all local fire, safety, and health codes;
(L) That the institution has and maintains a reasonable and proper policy for the refund of the unused portion of tuition, fees, housing or dormitory fees, and any other charges in the event a student enrolled by the school fails to begin a course
or withdraws or is discontinued therefrom at any time prior to completion, which policy shall take into account those costs to the school that are not diminished by
the failure of the student to enter or complete the course of instruction; (M) That the institution maintains a policy of allowing any student a minimum
of 72 hours from the date of the contract or agreement to cancel any contract or
rescind any agreement to become a student at the institution and that in the event of any such cancellation or rescission, the student shall receive a refund of the total tuition and fees, if any, paid to the institution at the time of or in connection with
the execution of the contract or agreement and that such policy shall be a clearly stated part of any written contract or agreement required of students attending the
institution; and (N) That the institution posts continuously in a conspicuous place a notice, in
such form as required by the commission, which sets forth the procedures for filing a complaint with the commission for any alleged violation of this part.
(2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a nonpublic postsecondary educational institu
tion or institutions which meet the minimum standards established in this Code sec tion and the criteria established under paragraph (2) of subsection (b) of Code Section
20-3-250.5.

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(b) In lieu of the criteria set forth in subsection (a) of this Code section, or in addi tion thereto, the executive director, for good cause shown and with the advice of the commission, may amend, modify, substitute, or alter the terms of such criteria as neces sary and advisable because of the specialized nature and objective of the operation of the postsecondary educational institution.
(c) Institutions otherwise exempt from the provisions of this part under paragraphs (10) and (12) of subsection (a) of Code Section 20-3-250.3 shall be required to meet the standards of financial soundness and being capable of fulfilling commitments to students as provided in subparagraph (a)(l)(H) of this Code section, and because of such require ment, each such institution shall provide the commission with an annual audit per formed by an independent certified public accountant. In addition thereto, institutions otherwise exempt from the provisions of this part under paragraph (10) of subsection (a) of Code Section 20-3-250.3 shall be subject to the requirements of Code Sections 20-3-250.8 and 20-3-250.10. The commission shall issue an annual report to the Governor and to the General Assembly summarizing its findings from its review of annual audits required by this subsection.
20-3-250.7. (a) No person, agent, group, or entity of whatever kind, alone or in con cert with others, shall:
(1) Operate in this state a nonpublic postsecondary educational institution, con duct postsecondary activities in this state, or offer postsecondary instruction leading to a postsecondary degree or certificate to Georgia residents from a location outside the state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization;
(2) Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from this part, whether such institution is within or outside this state, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this part; or accept contracts or enrollment applications from an agent who does not have a current permit as required by this part; but the commission may promulgate rules and regulations to permit the rendering of legitimate public information services without such permit;
(3) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, agent, group, or entity is located within or outside this state, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in Code Section 20-3-250.6, the criteria established by the commission pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and the rules and regula tions adopted by the commission;
(4) Use the term 'university' or 'college' without authorization to do so from the commission; or
(5) Grant, or offer to grant, postsecondary degrees, diplomas, certificates, or honor ary or unearned degrees without authorization to do so from the commission. (b) No person, firm, or institution shall sell, barter, or exchange for any considera tion or attempt to sell, barter, or exchange for any consideration any postsecondary degree, diploma, or certificate. (c) No person, firm, or institution shall use, or attempt to use, in connection with any business, trade, profession, or occupation any postsecondary certificate, degree, or certification of degree or degree credit including, but not limited to, a transcript of course work, which the person, firm, or institution knows was fraudulently issued, obtained, forged, or materially altered. (d) Any contract entered into with any person for any course of instruction by or on behalf of any owner, school employee, or representative of a nonpublic postsecondary educational institution subject to this part to which a certificate of authorization has not been issued shall be unenforceable in any action brought thereon. 20-3-250.8. (a) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the

FRIDAY, MARCH 9, 1990

2883

commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be pub lished, by the institution, containing the information specified in subparagraph (a)(l)(D) of Code Section 20-3-250.6, including information required by rules and regulations of the commission. Such application shall also be accompanied by evidence of a surety bond as required by Code Section 20-3-250.10 and payment of the fees specified in Code Section 20-3-250.11, except that those schools exempt from certain provisions of this part pursuant to the provisions of paragraph (11) of subsection (a) of Code Section 20-3-250.3 shall be required to submit only evidence of a surety bond or bonds as required by Code Section 20-3-250.10 when making application to the commission for authorization to operate.
(b) A nonpublic postsecondary educational institution shall not operate or conduct postsecondary activities in any building in which that institution did not previously operate or conduct postsecondary activities unless the institution obtains authorization to operate or conduct those activities in that building as a branch facility. An applica tion for authorization to operate any branch facility shall be accompanied by catalogs, other written documents, evidence of bond, and payment of fees as required for an ini tial application pursuant to subsection (a) of this Code section.
(c) Following review of such application and any further information submitted by the applicant or required by the executive director, an on-site inspection of the physical facility at which the institution will be operating, if located in this state, and such inves tigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny authorization to operate to the appli cant. A grant of authorization to operate may be on such terms and conditions as the executive director may specify.
(d) The authorization to operate shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information:
(1) The date of issuance, effective date, and term of authorization; (2) The correct name and address of the institution so authorized; (3) The authority for authorization and conditions thereof; (4) Any limitation of the authorization, as deemed necessary by the executive director; (5) The signature of the executive director or such person as may have been desig nated by the executive director; and (6) Any other fair and reasonable representations consistent with this part and deemed necessary by the executive director. (e) The term for which authorization is given shall not extend for more than one year and may be issued for a lesser period of time. (f) The authorization to operate shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change in own ership of the institution, a new owner or governing body must, within ten days after the change in ownership, apply for a new authorization to operate; and in the event of fail ure to do so, the institution's authorization to operate shall terminate. Application for a new authorization to operate by reason of change in ownership of the institution shall, for purposes of subsection (b) of Code Section 20-3-250.12, be deemed an application for renewal of the institution's authorization to operate. (g) At least 90 days prior to the expiration of an authorization to operate, the insti tution shall complete and file with the executive director an application form for renewal of its authorization to operate. Such renewal application shall be reviewed and acted upon as provided in subsections (c) through (f) of this Code section. (h) An institution not yet in operation when its application for authorization to oper ate is filed may not begin operation or conduct any postsecondary activities until receipt of authorization. (i) Each nonpublic postsecondary educational institution which has been granted an authorization to operate or conduct postsecondary activities in this state shall obtain approval from the executive director before it offers any course not offered by the insti tution at the time its initial authorization was granted or upon July 1, 1991, whichever

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is later. The commission by regulation shall establish procedures and standards for

approval of such additional course offerings.

20-3-250.9. (a) Each person desiring to solicit or perform the services of an agent

in this state shall make application to the executive director upon forms to be provided

by the commission. Such application shall be accompanied by evidence of the good repu

tation and character of the applicant in a form to be prescribed by the commission and

shall state the institution or institutions which the applicant intends to represent. An

agent representing more than one institution must obtain a separate agent's permit for

each institution represented, but when an agent represents institutions having a common

ownership, only one agent's permit shall be required with respect to such institutions.

In the event any institution which the applicant intends to represent does not have

authorization to operate in this state, such application shall be accompanied by the

information required of institutions making application for such authorization. Such

application for an agent's permit shall also be accompanied by evidence of a surety bond

as required by Code Section 20-3-250.10 and payment of the fees specified by Code Sec

tion 20-3-250.11.

(b) Following review of such application and any further information submitted by

the applicant or required by the executive director and such investigation of the appli

cant as the executive director may deem necessary or appropriate, the executive director

shall either grant or deny an agent's permit to the applicant.

(c) The agent's permit shall be in a form approved by the commission and shall state

in a clear and conspicuous manner at least the following information:

(1) The date of issuance, effective date, and term;

(2) The correct name and address of the agent; and

(3) The institution or institutions which such agent is authorized to represent.

(d) The term for which an agent's permit is issued shall not extend for more than

one year and may be issued for a lesser period of time.

(e) At least 60 days prior to the expiration of an agent's permit, the agent shall com

plete and file with the executive director an application form for renewal of the permit.

Such renewal application shall be reviewed and acted upon as provided in subsections

(b) through (d) of this Code section.

20-3-250.10. (a) At the time an initial application or application for a branch facil

ity is made for authorization to operate, the executive director shall require the nonpub-

lic postsecondary educational institution making such application to file with the

executive director a good and sufficient surety bond in such sum as determined by sub

section (b) of this Code section. Such bond shall be executed by the applicant as princi

pal and by a surety company qualified and authorized to do business in this state. The

bond shall be conditioned to provide indemnification to any student or enrollee or that

person's parent or guardian or class thereof determined to have suffered loss or damage

as a result of any act or practice which is a violation of this part or of rules and regula

tions promulgated pursuant thereto by such nonpublic postsecondary educational insti

tution and that the bonding company shall pay any final, nonappealable judgment

rendered by the commission or any court of this state having jurisdiction, upon receipt

of written notification thereof. Regardless of the number of years that such bond is in

force, the aggregate liability of the surety thereon shall in no event exceed the penal sum

of the bond. The bond may be continuous.

(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the mini

mum amount of the bond required by subsection (a) of this Code section shall be

based on the total maximum head count enrollment of the nonpublic postsecondary

educational institution during the previous year or on the estimated head count enroll

ment for the current year, whichever is larger, and shall be as follows:

Maximum Enrollment

Minimum Bond

0-50........................................................................................................................$ 20,000.00

51-100...................................................................................................................... 30,000.00

101-200...................................................................................................................... 50,000.00

201-300...................................................................................................................... 75,000.00

301-400........................................................................................................................ 100,000.00

401 and over............................................................................................................... 150,000.00

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2885

(2) As an alternative to the amount of the bond determined under paragraph (1) of this subsection, the nonpublic postsecondary educational institution shall have the option of filing a bond in an amount equal to total tuition collected by the institution during the previous year or the estimated total tuition for the current year, whichever is larger; provided, however, the amount so determined shall be rounded off to the next highest $1,000.00.
(c) An application for an agent's permit shall be accompanied by a good and suffi cient surety bond in a penal sum of $5,000.00. Such bond shall be executed by the appli cant as principal and by a surety company qualified and authorized to do business in this state. The bond may be in blanket form to cover more than one agent for a postsecondary educational institution, but it shall cover each agent for such institution in a penal sum of $5,000.00. The bond shall be conditioned to provide indemnification to any student or enrollee or that person's parent or guardian or class thereof deter mined to have suffered loss or damage as a result of any act or practice which is a viola tion of this part or of rules and regulations promulgated pursuant thereto by said agent and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written
notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous.
(d) If the bond filed with the initial application to operate remains in effect, it shall be sufficient when an application is made for the renewal of authorization to operate,
unless the amount of the bond must be increased because of increased enrollment to comply with requirements of subsection (b) of this Code section.
(e) The surety bond to be filed under this Code section shall cover the period of the authorization to operate or the agent's permit, as appropriate, except when a surety shall
be released as provided in this Code section. A surety on any bond filed under this Code section may be released therefrom after such surety shall serve written notice thereof
on the executive director at least 30 days prior to such release; but such release shall not discharge or otherwise affect any claim theretofore or thereafter filed by a student
or enrollee or that person's parent or guardian or class thereof for loss or damage result ing from any act or practice which is a violation of this part or of rules and regulations
promulgated pursuant thereto alleged to have occurred while such bond was in effect or from an institution's ceasing operations during the term for which tuition has been paid while such bond was in force.
(f) Authorization for an institution to operate and an agent's permit shall be sus pended by operation of law when such institution or agent is no longer covered by a
surety bond as required by this Code section, but the executive director shall cause such institution or agent, or both, to receive at least 30 days' written notice prior to the release of the surety to the effect that such authorization or permit shall be suspended by operation of law until another surety bond shall be filed in the same manner and
like amount as the bond being terminated. (g) In lieu of the surety bond provided for in subsections (a) and (b) of this Code
section, the commission by rule or regulation may authorize the director to accept a property bond when a principal of the nonpublic postsecondary educational institution
owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section.
20-3-250.11. (a) Fees shall be collected by the executive director in such amounts as shall be established by the commission so that the total amount of those fees charged
in each fiscal year of the commission shall approximate the total of the direct and indi rect costs to the state of the operation of the commission for the immediately preceding
fiscal year. The commission shall establish separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educa
tional institutions based upon the commission's actual or projected costs to perform its duties and responsibilities with regard to those categories of institutions and, within
those categories, based upon actual or projected enrollment of those institutions. The commission shall also establish initial and renewal fees for agents' permits. All fees col
lected pursuant to this part shall be deposited in the state treasury to the credit of the

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general fund, and no fees collected under this part shall be subject to refund. The fees to be collected by the commission under this part shall accompany an application for authorization to operate or an agent's permit.
(b) The commission will pay all costs for evaluation committees that may be neces sary to implement this part.
20-3-250.12. (a) If the executive director, upon review and consideration of an application for authorization to operate or for an agent's permit or for renewal thereof, shall determine that the applicant fails to meet the criteria established as provided in this part, the executive director shall so notify the applicant, setting forth the reasons therefor in writing, and shall deny the application.
(b) The executive director may grant to an applicant for renewal an extension of time of reasonable duration in which the applicant may eliminate the reason or reasons for denial contained in the statement of denial, if the applicant has demonstrated to the satisfaction of the executive director its or his desire to meet the requirements of Code Section 20-3-250.6 and the criteria established pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and if in the judgment of the executive director it would be reasonably possible for the applicant to meet such requirements and criteria within
such time. (c) In the event the executive director denies an application for an agent's permit or
for renewal thereof, he shall notify the institution or institutions which such agent repre sented or proposed to represent, according to the records of the commission, including the reasons therefor.
20-3-250.13. (a) An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the executive director has reasonable cause to believe that the holder of such authorization or permit has violated or is violating this part or any rules and regulations promulgated pursuant thereto. Prior to such revocation or imposition of condition, the executive director shall notify the holder of the authori zation or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder of a permit that if a hearing is requested, in writing, within ten days of receipt of such notice, the executive director shall set a time and place for a hearing at which the holder of the authorization or per mit may be heard in response to the allegation of noncompliance with this part or rules and regulations promulgated pursuant to this part.
(b) If a hearing is requested as provided in subsection (a) of this Code section, such hearing shall be conducted as provided in subsection (d) of Code Section 20-3-250.15, and the holder of the authorization or permit shall have the rights set forth in that Code section. The decision of the commission shall be made as provided in subsection (e) of Code Section 20-3-250.15 and shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. In the event an agent's permit is revoked or a condition is imposed thereon, the executive director shall notify the institu tion or institutions which such agent was permitted to represent, as shown in the records of the commission, in addition to the notice required to be given to the agent and any other parties to the hearing.
20-3-250.14. (a) Any person claiming damage or loss as a result of any act or prac tice by a nonpublic postsecondary educational institution or its agent, or both, which is a violation of this part or of the rules and regulations promulgated pursuant thereto may file with the executive director a verified complaint against such institution or against its agent, or both. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the executive director by the commission's representatives or by the Attor ney General. A complainant may also file with the executive director as a representative of a class of complainants.
(b) The executive director shall investigate any such complaint and may, at his dis cretion, attempt to effectuate a settlement by persuasion and conciliation. The executive director may consider a complaint after ten days' written notice sent by registered or certified mail, return receipt requested, to such institution or to such agent, or both, as appropriate, giving notice of a time and place for hearing thereon. Such hearing shall

FRIDAY, MARCH 9, 1990

2887

be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(c) If, based upon all the evidence at a hearing, the executive director shall find that a nonpublic postsecondary educational institution or its agent, or both, have engaged in or are engaging in any act or practice which violates this part or the rules and regula tions promulgated pursuant thereto, the executive director shall issue and cause to be served upon such institution or agent, or both, an order requiring such institution or agent, or both, to cease and desist from such act or practice. Additionally, if the execu tive director shall find that the complainant or class of complainants has suffered loss or damage as a result of such act or practice, the executive director may, at his discre tion, award the complainant or class of complainants full or partial restitution for such damage or loss and may impose the penalties provided for in Code Section 20-3-250.21. The executive director may also, as appropriate, based on his own investigation or the evidence adduced at such hearing or on the basis of such investigation and evidence, commence an action to revoke an institution's authorization to operate or revoke an agent's permit.
20-3-250.15. (a) Any person aggrieved by a decision of the executive director respecting denial of an authorization to operate or of an agent's permit or the placing of conditions thereon, whether on initial application or on application for renewal, or by a decision of the executive director revoking an institution's authorization to operate or an agent's permit and any person aggrieved by the imposition of a penalty by the execu tive director under Code Section 20-3-250.21 shall have the right to a hearing and review of such decision by the commission as provided in this Code section.
(b) If, upon written notification of any such action taken by the executive director, the aggrieved party desires a hearing and review, such party shall notify the executive director, in writing, within ten days after the giving of notice of such action; otherwise such action shall be deemed final.
(c) Upon receiving such notice from the aggrieved party, the executive director, after consultation with the commission, shall fix the time and place for a hearing by the com mission within 30 days and shall notify the aggrieved party thereof.
(d) At such hearing the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition or in extenuation. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any member of the commission may preside except where a clear conflict of interest may be demonstrated.
(e) A decision of the commission following a hearing, or on expiration of the time for demand of a hearing if no such demand is filed, shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. All matters pre sented by hearing as provided in this Code section shall be acted upon promptly by the commission, and the commission shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof.
20-3-250.16. (a) Any person aggrieved or adversely affected by any final action of the commission may obtain judicial review of such action as provided in this Code sec tion.
(b) An action for judicial review may be commenced in any court of competent juris diction within 30 days after the commission's action becomes effective.
(c) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review, or the reviewing court, upon application therefor and upon such terms and upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.
(d) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the commission and the decision, findings, and

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action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.
(e) If the court finds no error, it shall affirm the commission's action. If it finds that such action was:
(1) Arbitrary or capricious;
(2) A denial of a statutory right;
(3) Contrary to constitutional right, power, privilege, or immunity; (4) In excess of statutory jurisdiction, authority, purposes, or limitation;
(5) Not in accord with the procedures or procedural limitations of this part or oth erwise required by law;
(6) An abuse or clearly unwarranted exercise of discretion, unsupported by sub stantial evidence when the record is considered as a whole; or
(7) Otherwise contrary to law,
then the court shall hold unlawful and set aside the commission's action and afford such relief as may be appropriate.
(f) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.
20-3-250.17. In the event any nonpublic postsecondary educational institution now or hereafter operating in this state proposes to discontinue its operations, the chief admin istrative officer, by whatever title designated, of such institution shall cause to be filed with the executive director the original or legible true copies of all such academic records of such institution as may be specified by the executive director. Such records shall include, at a minimum, such information as is customarily required by colleges or proprietary schools when considering students for transfer or advanced study and, as a
separate document, the academic record of each former student. In the event it appears to the executive director that any such records of an institution discontinuing its opera
tions are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the executive director, the executive director may, with court order, seize and take
possession of such records, subject to the confidentiality accorded normal school records. The executive director shall maintain or cause to be maintained a permanent file of such
records coming into his possession. 20-3-250.18. (a) The Attorney General of this state or the district attorney of any
judicial circuit in which a nonpublic postsecondary educational institution or an agent
thereof is found, at the request of the executive director or on his own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the
enforcement of this part. (b) Whenever it shall appear to the executive director that any person, agent, group,
or entity is about to violate or has been violating any of the provisions of this part or any of the lawful rules, regulations, or orders of the executive director, the executive
director may, on his own motion or on the written complaint of any person, file a peti tion for injunction in the name of the commission in any court of competent jurisdiction in this state against such person, group, or entity for the purpose of enjoining such viola tion or for an order directing compliance with this part and all rules, regulations, and
orders issued pursuant thereto. It shall not be necessary that the executive director allege or prove that he has no adequate remedy at law. The right of injunction provided
in this Code section shall be in addition to any other legal remedy which the executive director has and shall be in addition to any right of criminal prosecution provided by law, but the executive director shall not obtain a temporary restraining order without
notice to the person, group, or entity affected. The existence of an action of the execu tive director with respect to alleged violations of this part shall not operate as a bar to
an action for injunctive relief pursuant to this Code section. 20-3-250.19. Any nonpublic postsecondary educational institution not exempt from
this part, whether or not a resident of or having a place of business in this state, which conducts postsecondary activities or which instructs or educates or offers to instruct or
educate, enrolls or offers to enroll, or contracts or offers to contract to provide instruc tional or educational services in this state, whether such instruction or services are pro
vided in person or by correspondence or by telecommunications or electronic media

FRIDAY, MARCH 9, 1990

2889

technology, to a resident of this state or which offers to award or awards any educational credentials to a resident of this state submits such institution and, if a natural person, his personal representative to the jurisdiction of the courts of this state concerning any cause of action arising therefrom and for the purpose of enforcement of this part by injunction pursuant to Code Section 20-3-250.18. Service of process upon any such insti tution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' with the same force and effect as if the summons had been personally served within this state. Nothing con tained in this Code section shall limit or affect the right to serve any process as pre scribed by Chapter 11 of Title 9.
20-3-250.20. The commission, through the executive director, shall request funds for the administration of this part, and the General Assembly shall appropriate such funds as deemed adequate and necessary.
20-3-250.21. Any person, group, or entity or any owner, officer, agent, or employee thereof who shall willfully violate Code Section 20-3-250.7 or who shall fail or refuse to deposit with the executive director the records required by Code Section 20-3-250.17 shall be subject to a civil penalty not to exceed $1,000.00 for each violation. Each day's failure to comply with such Code sections shall be a separate violation. Such fine may be imposed by the executive director in an administrative proceeding or by any court of competent jurisdiction. The commission shall adopt a schedule of regularly imposed fines for violations of this part and shall have such schedule published by the executive director.
20-3-250.22. (a) No person shall: (1) Operate a nonpublic postsecondary educational institution without a certificate
of authorization issued by the executive director or use the words 'college' or 'univer sity' in the name of such institution located in Georgia unless it was doing so prior to July 1, 1985, or is otherwise authorized to do so under this part;
(2) Solicit prospective students without being bonded as required in Code Section 20-3-250.10;
(3) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering or publicizing of a course, if such person knows or reasonably should have known the statement or representation to be false, decep tive, substantially inaccurate, or misleading;
(4) Promise or guarantee employment utilizing information, training, or skill pur ported to be provided or otherwise enhanced by a course, unless the promiser or guar antor offers the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a specified period of time in a business or other enterprise regularly conducted by him and if such information, training, or skill is a normal condition of employment; or
(5) Do any act constituting part of the conduct or administration of a course or the obtaining of students thereof, if such person knows or reasonably should know that any phase or incident of the conduct or administration of the course is being car ried on by the use of fraud, deception, or other misrepresentation or by any person soliciting students without a permit.
(b) Any person, group, or entity or any owner, officer, agent, or employee thereof who willfully violates Code Section 20-3-250.7 or subsection (a) of this Code section, or who willfully fails or refuses to deposit with the executive director the records required by Code Section 20-3-250.17 shall be guilty of a misdemeanor. Each day's failure to com ply with such Code sections shall be a separate violation. Such criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the Attorney General or a district attorney pursuant to Code Section 20-3-250.18.
20-3-250.23. All certificates of authorization previously issued under either Article 3 of this chapter, the 'Postsecondary Educational Authorization Act of 1978,' or Article 4 of Chapter 4 of this title, the 'Georgia Proprietary School Act,' as such articles and pro visions existed immediately prior to July 1, 1991, shall remain valid until their expira tion date or until such certificate can be renewed in accordance with the terms of this

2890

JOURNAL OF THE HOUSE,

part and the rules, regulations, and standards of the commission. The commission is authorized to adopt interim rules and regulations to allow for the transition to this part for institutions regulated under the aforementioned articles.
20-3-250.24. All employees of the commission shall be subject to and covered by Arti cle 1 of Chapter 20 of Title 45, but the position of executive director and such other employee positions as may be determined by the commission to be exempt from the classified service pursuant to that article shall be exempt unclassified positions, and the commission shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions. All full-time employees of the commission shall be members of the Employees' Retirement System of Georgia, except for members of the Teachers Retirement System of Georgia who, without any break in service, become full-time employees of the commission. Such employees shall continue as members of the Teachers Retirement System of Georgia.
20-3-250.25. All records, files, accounts, and related items utilized in the administra tion of the 'Georgia Proprietary School Act,' or the 'Postsecondary Educational Authori zation Act of 1978,' are transferred from the State Board of Education to the commission and executive director.
20-3-250.26. Nothing in this part shall be construed to limit a state examining board's authority, as granted by Title 43, to regulate and govern the curriculum, course requirements, instructor qualifications, and other educational activities of nonpublic postsecondary educational institutions."
Section 4. Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, the "Postsecondary Educational Authorization Act of 1978" is repealed in its entirety and the following is substituted in lieu of said repealed article:
"ARTICLE 3 RESERVED".
Section 5. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Anno tated, the "Georgia Proprietary School Act," is repealed in its entirety and the following is substituted in lieu of said repealed article:
"ARTICLE 4 RESERVED".
Section 6. This Act shall become effective on July 1, 1991, except that this Act shall be effective on July 1, 1990, for the purpose of allowing the Governor to screen and select persons for appointment to the Nonpublic Postsecondary Education Commission on July 1, 1991, and for the purpose of beginning the transfer of records, files, and accounts as specified in Code Section 20-3-250.25 and for other administrative purposes as necessary to prepare for the implementation of this Act on July 1, 1991.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative White of the 132nd moved that the House adopt the report of the Committee of Conference on HB 1254.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams Aiken
Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron

Y Barnett.B Y Barnett.M
Y Bates YBeck
Y Benefield YBenn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck

Y Buford
YByrd
Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Claik.L Y Coleman Y Colwell

Connell Y Couch
Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis,M Y Dixon.H
Y Dixon,S Dobbs
Y Dover YDunn

Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster
YGodbee YGoodwin Y Green Y Greene Y Gresham Y Griffin Y Groover

FRIDAY, MARCH 9, 1990

2891

Y Hamilton Hanner
Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston

Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston
YPoag Y Porter Y Poston Y Powell
Randall Y Ransom YRay
Reaves

On the motion, the ayes were 155, nays 0. The motion prevailed.

Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal Y Selman Y Simpson
Sinkfield Y Smith,L Y Smith,P
Smith,T Y Smith.W
Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Steele Y Stephens Y Streat Y Teper
Y Thomas.C

Y Thomas,M
Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Y Walker.C Y Walker,L Y WaU
Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:

SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to create the Georgia Educa tion Trust to assist students and their parents in financing postsecondary education; to provide a short title; to provide for declaration of purpose and policies; to define certain terms.

The following Senate amendment was read:

Amend the House substitute to SB 597 by inserting between "to" and "create" on line 3 of page 1 the following:
"enact the 'College Opportunity Act'; to".
By striking '"Georgia Education Trust Act.'" from line 18 of page 2 and inserting in its place '"College Opportunity Act.'"

Representative Mangum of the 57th moved that the House agree to the Senate amendment to the House substitute to SB 597.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove Brooks
Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H
Y Clark.L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings.M

Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

2892

JOURNAL OF THE HOUSE,

Y Floyd,J.M Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green
Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner
Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson

Y Jackson,J
Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence
Y Lawson YLee Y Under
YLong YLord Y Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

McKinney.B
Y McKinney.C
Y Meadows Milam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten
Y Pettit Pinkston
YPoag Y Porter YPoston Y Powell

YRandall
Y Ransom
YRay Reaves
Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield Y Smith.L Y Smith.P
Smith,T Y Smith, W
Smyre YSnow Y Stancil,F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Streat

On the motion, the ayes were 157, nays 0. The motion prevailed.

Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Williams,B Williams,J
Y Yates Y Yeargin
Murphy.Spkr

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1710.

By Representatives Ware of the 77th, Groover of the 99th, Jones of the 71st, Ricketson of the 82nd, Griffin of the 6th and others:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Anno tated, relating to the Georgia Life and Health Insurance Guaranty Associa tion, so as to revise provisions relative to assessments against insurers which are members of such association; to provide for classes of assessments and the method of computing such assessments.

The following Senate amendment was read:

Amend HB 1710 by inserting "or contracts" between "policies" and "covered" on line 2 of page 3.

Representative Kingston of the 125th moved that the House agree to the Senate amendment to HB 1710.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M

Y Bates YBeck
Y Benefield YBenn
Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck
Y Buford YByrd Y Campbell Y Carrell

Y Carter Y Chambless
Y Chance Y Cheeks Y Childers
Clark.B Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell
Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings.M

Y Davis,C Y Davis,G
Y Davis,M Y Dixon,H Y Diion,S
Dobbs Y Dover
Dunn Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee

Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks

FRIDAY, MARCH 9, 1990

YHowren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston
Y Lane.D YLane,R YLangford
Y Lawrence YLawson YLee Y Linder Y Long

Y Lord Y Lucas Y Lupton
Y Mangum Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Milam
Y Mobley Y Moody Y Morton
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr

Orrock Y Padgett Y Pannell
Y Parham Y Parrish
Patten Y Pettit
Pinkston Y Poag
Y Porter Y Poston Y Powell
Y Randall Y Ransom Y Ray
Reaves Y Redding Y Richardson Y Ricketson Y Robinson

Y Royal Y Selman Y Simpson
Y Sinkfield Smith,L
Y Smith,P Smith,T
Y Smith,W Smyre
Y Snow Y Stancil,F Y Stancil.S
Y Stanley Y Steele Y Stephens
Y Streat Y Teper Y Thomas.C Y Thomas,M Y Thompson

On the motion, the ayes were 159, nays 0. The motion prevailed.

2893
Y Thurmond Y Titus Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
WUliams,J Y Yates Y Yeargin
Murphy,Spkr

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:

SB 553. By Senator Deal of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to provide for mandatory arbitration of certain obstetrical medical mal practice claims involving obstetrics, anesthesiology, pediatrics, and neonatalogy; to provide for legislative findings; to provide for definitions.
The following Senate amendment was read:
Amend the House substitute to SB 553 by striking on page 2 line 8 the following:
", provided that in making these" and inserting in lieu thereof the following symbol ";" and by striking on page 2 lines 9-14 in their entirety.
Representative Chambless of the 133rd moved that the House agree to the Senate amendment to the House substitute to SB 553.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron YAbernathy
Y Adams Aiken
YAlford Y Alien YAthon Y Atkins Y Bailey Y Baker
YBalkcom Y Bannister YBarfoot YBargeron Y Barnett,B YBarnett,M
Y Bates YBeck YBenefield

Y Benn Y Birdsong
Y Bishop Y Bostick Y Branch YBreedlove Y Brooks Y Brown Y Buck Y Buford
Y Byrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance
Y Cheeks YChilders
Clark,B

Y Clark,H Y Clark.L
Y Coleman Y Colwell
Connell Y Couch
Crawford Y Crosby Y Cummings,B Y Cummings.M
Y Davis.C Y Davis,G Y Davis.M Y Diion.H Y Diion,S
Dobbs
Y Dover Dunn
Y Edwards

Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Y Gresham Y Griffin Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert

Y Holcomb Y Holland
Y Holmes Y Hooks YHowren Y Hudson Y Irwin
Isakson Y JacksonJ Y Jackson,W
Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D Y Lane,R YLangford

2894

JOURNAL OF THE HOUSE,

Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Milam

Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Pannell YParham
Y Parrish Patten
Y Pettit Pinkston
YPoag

Porter
Y Poston Y Powell
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
Y Selman Y Simpson N Sinkfield Y Smith.L Y Smith,?

Smith,T
Y Smith.W Smyre
YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Steele Y Stephens
Y Streat YTeper Y Thomas.C
Y Thomas.M Y Thompson Y Thurmond
Titus Y Tolbert

On the motion, the ayes were 157, nays 1. The motion prevailed.

Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Y Williams,B WiUiams,J
Y Yates Y Yeargin
Murphy,Spkr

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1752.

By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

Representative Groover of the 99th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1752 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Dunn of the 73rd, Groover of the 99th and Griffin of the 6th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 1505.

By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.

FRIDAY, MARCH 9, 1990

2895

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate substitute thereto:

HB 1505.

By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.

Representative Orrock of the 30th moved that the House recede from its position in amending the Senate substitute to HB 1505, and that the Senate substitute be agreed to.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1435.

By Representatives Twiggs of the 4th and Coleman of the 118th:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Anno tated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant cer tain law enforcement jurisdiction over highway safety rest areas to the Uni form Division.

The following Senate amendment was read:

Amend HB 1435 by inserting on lines 5, 18, and 25 of page 1 and on line 2 of page 2 after the words "rest areas" the following:
"and welcome centers".

Representative Twiggs of the 4th moved that the House agree to the Senate amend ment to HB 1435.
On the motion, the ayes were 115, nays 0.
The motion prevailed.

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between tel ephones of different telephone companies operating in the same county.

The following report of the Committee of Conference was read:

2896

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON SB 524

The Committee of Conference on SB 524 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 524 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ C. Donald Johnson
Senator, 47th District
/s/ Albert J. Scott Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ James M- Beck Representative, 148th District
/s/ George F. Green, M.D. Representative, 106th District

/s/ James W. Tysinger Senator, 41st District

/s/ Roy H. Watson, Jr Representative, 114th District

A BILL
To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which authorize long-distance charges for telephone calls between two phones within the same county except under certain conditions; to provide for toll free calls between telephones of different telephone companies operating in the same county; to provide for the amend ment of the existing rate schedules; to provide for rate schedule criteria; to provide for dis tribution of costs and rate schedule modification; to provide for plans to implement county-wide local calling; to provide for the method of funding such county-wide local call ing; to provide that the Public Service Commission shall not mandate any plan that requires the transfer of funds to implement county-wide local calling from one telephone company to another; to authorize under certain conditions the recovery by a telephone company of any portion of its expenses or lost toll revenues resulting from the implemen tation of such county-wide local calling plan; to provide for the methodology and source of recovery for any telephone company seeking recovery of any portion of expenses or lost toll revenues; to authorize the Public Service Commission to consider and adopt alterna tive forms of regulation for telephone companies; to provide for the consideration of cer tain factors; to provide for applicability with respect to another Code section; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the Public Service Commission, is amended by adding a new Code section immediately following Code Section 46-2-25, to be designated Code Section 46-2-25.1, to read as follows:
"46-2-25.1. (a) Except as provided in subsection (b) of this Code section, on and after July 1, 1990, the commission shall not approve any rate schedule which authorizes a long-distance charge for calls between two telephones within the same county. Where two or more telephone companies operate in the same county, each company shall pro vide county-wide local calling to and from telephones within the area served by the other company or companies in the county. Rate schedules approved prior to July 1, 1990, shall be amended to comply with this Code section by not later than July 1, 1991.
(b) All rate schedules approved pursuant to this Code section may be modified at the discretion of the commission upon a good and sufficient showing of geographic, eco nomic, or technological infeasibility by a telephone company.

FRIDAY, MARCH 9, 1990

2897

(c) All rate schedules approved pursuant to this Code section shall take into account the following:
(1) The reasonable cost of providing such service to customers of the telephone company throughout the entire service area of such telephone company and the increased value resulting from such expanded calling areas;
(2) The average annual contributions made by such telephone company to the intra-LATA toll pool if such pool exists; and
(3) The reasonable rate of return on investment authorized in the rate schedule approved by the commission for such telephone company. (d) The commission shall, on or before December 31, 1990, implement a plan whereby all telephone companies subject to its jurisdiction will provide to each tele phone subscriber, in addition to its present service arrangements and the intracounty service mandated under the provisions of this Code section, expanded community of interest toll free calling beyond county boundary lines and/or a reduction in intra-LATA toll rates to a level comparable to present inter-LATA toll rates. (e) Any plan to implement county-wide local calling shall be subject to the approval of the commission. In developing a plan, the commission shall require telephone compa nies to enter into negotiations to provide for county-wide local calling throughout their service areas. If the companies are unable to reach an agreement within a time frame consistent with the requirements of this Code section and the instructions of the com mission, the commission may impose its own plan. The commission shall have the authority to determine the method of funding this service. In determining the method of funding this service, the commission shall first utilize any available earnings of the telephone companies in excess of those authorized in their respective tariffs; provided, however, that the commission shall not mandate any plan that requires the transfer of funds to implement county-wide local calling from one telephone company to another unless or until all other remedies are exhausted. Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the implementa tion of such county-wide local calling plan shall demonstrate its financial hardship to the commission before such recovery shall be allowed. It shall be within the discretion of the commission to determine the methodology and source of recovery for any such affected telephone company. Such methodology and source may include, but not be lim ited to, increases in the affected telephone company's rates and charges, sharing of lost revenues and increased expenses by any other telephone company included in the plan under review, and any other methodology which has as its goal the maintenance of rea sonable telephone rates for all subscribers in the state. (f) The commission shall be authorized to consider and adopt alternative forms of regulation for telephone companies which may include, but will not be limited to, estab lishing plans which require the sharing with its subscribers of telephone company earn ings above preestablished levels or regulating the maximum prices of basic local exchange services for which there are no readily available substitutes. In determining what actions, if any, are to be taken under this subsection, the commission shall consider the factors contained in subsection (c) of Code Section 46-2-23. (g) Nothing in this Code section shall be interpreted as amending, modifying, or repealing Code Section 46-2-23, relating to the rate-making power of the commission generally and special provisions concerning telecommunications companies."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

2898

JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Beck of the 148th moved that the House adopt the report of the Com mittee of Conference on SB 524.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien
Y Athon Y Atkins
Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck
Benefield YBenn
Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks
Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings.B
Cummings,M Y Davis.C Y Davis,G Y Davis.M Y Dizon.H
Y Diion,S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Banner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Y Linder
Long YLord
Lucas
Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 158, nays 0. The motion prevailed.

McKinney.B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody
Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten
Y Pettit Pinkston
YPoag Y Porter YPoston
Powell
Randall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketaon Y Robinson Y Royal YSelman Y Simpson
Y Sinkfield

Y Smith,L
Y Smith,P Smith,T
Y Smith.W Smyre
YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L
YWall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Yates
Y Yeargin Murphy,Spkr

HB 1219. By Representatives Robinson of the 96th and Buck of the 95th:
A bill to amend Code Section 33-24-6 of the Official Code of Georgia Anno tated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain per sons insured under life or accident and sickness insurance contracts.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1219

The Committee of Conference on HB 1219 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1219 be adopted.
Respectfully submitted,

FRIDAY, MARCH 9, 1990

2899

FOR THE SENATE:
As/ TSeednaJto. rL, a1n6dth District
Isl Stumbaugh Senator, 55th District
Is/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Sanford D. Bishop, Jr. Representative, 94th District
/s/ Thomas B. Buck Representative, 95th District
Is/ Pete Robinson Representative, 96th District

A BILL
To amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, is amended by redesignating subsection (b) as subsection (c) and by inserting immediately following subsection (a) a new subsection (b) to read as follows:
"(b) If a contract of life insurance is issued as authorized in paragraph (1), (2), or (3) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with this subsection. At the time of the issu ance or delivery of the contract of insurance, notice of the issuance of the policy shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the home, business, or other address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or obtain such other evidence of mail ing as prescribed or accepted by the United States Postal Service. The insurer shall not be required to provide the notice set forth in this subsection with respect to any applica tion for credit life insurance; any insured who is older than the age of majority and who has signed or otherwise acknowledged the application in writing; any application for insurance covering the life of a minor; or any application for a contract of life insurance with a face amount of less than $10,000.00."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Robinson of the 96th moved that the House adopt the report of the Committee of Conference on HB 1219.

On the motion, the ayes were 91, nays 0. The motion prevailed.

HB 738. By Representatives Bailey of the 72nd, Benefield of the 72nd, Davis of the 72nd, Sinkfield of the 37th, Aaron of the 56th and others:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits and allowances under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment.

The following report of the Committee of Conference was read:

2900

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 738

The Committee of Conference on HB 738 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 738 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Jimmy Hodge Timmons
Senator, llth District
/s/ Paul C. Broun Senator, 46th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Larry Pamsh Representative, 109th District
/s/ Thurbert E. Baker Representative, 51st District

/s/ J. Tom Coleman, Jr. Senator, 1st District

J. Max Davis Representative, 45th District

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to authorize boards of trustees of certain retirement or pension systems to increase benefits of persons receiving benefits on a certain date to offset or partially offset the tax ation of such benefits under Georgia income tax laws; to provide for definitions; to provide that such authority is in addition to any other powers possessed by boards of trustees pur suant to the provisions of any other laws; to provide for other matters relative to the fore going; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Chapter 1, relating to general provisions applicable to retirement, a new Article 3 to read as follows:
"ARTICLE 3
47-1-30. (a) As used in this Code section, the term: (1) 'Board of trustees' means the board of trustees or other fiscal authority or gov
erning body, by whatever name designated, of a retirement system. (2) 'Retirement system" means a retirement or pension system or fund created by
or pursuant to the authority of Georgia law which was listed in paragraph (4) of sub section (a) of Code Section 48-7-27 on January 1, 1989. (b) The board of trustees of a retirement system is authorized to increase benefits being paid to persons receiving benefits under the retirement system on July 1, 1990, to offset, wholly or partially, the taxation of retirement benefits pursuant to the provi sions of Chapter 7 of Title 48, relating to Georgia income taxes, provided that any increase in benefits granted pursuant to the authority of this subsection:
(1) Shall not apply to any portion of a benefit which exceeds $37,500.00 on the date the benefit increase is granted; and
(2) Shall be consistent with maintaining the actuarial soundness of the retirement system in conformity with minimum funding requirements of Code Section 47-20-10. (c) The provisions of this Code section are in addition to any powers possessed by a board of trustees pursuant to the provisions of any other law."
Section 2. This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise,

FRIDAY, MARCH 9, 1990

2901

this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Parrish of the 109th moved that the House adopt the report of the Committee of Conference on HB 738.
On the motion, the ayes were 109, nays 3.

Representative Davis of the 45th stated that he would like to be recorded as voting "nay" on HB 738.

HB 1208. By Representatives Pinkston of the 100th, Redding of the 50th, Beck of the 148th and Thompson of the 20th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to provide for licensed cashers of checks; to provide for definitions; to provide for the requirements for licensure.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1208

The Committee of Conference on HB 1208 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1208 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Loyce W. Turner Senator, 8th District
/s/ Hildred W. Shumake Senator, 39th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Frank C- P'nkston Representative, 100th District
/s/ James M Beck Representative, 148th District

/s/ Gene Walker Senator, 43rd District

/s/ Frank Redding Representative, 50th District

A BILL
To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the regulation and licensing of cashers of checks; to provide for definitions; to provide for the requirements for licensure; to provide for investigations of applicants for licensure; to provide for fees for licensure; to provide for rules and regulations; to provide for renewal, denial, suspension, and revocation of licenses; to provide for examinations and fees; to provide for posting of licenses; to provide for the maintenance of records by licensees; to provide for procedures for licensees; to pro hibit certain conduct and charges for cashing checks in excess of certain amounts; to pro vide for penalties; to provide exceptions from licensure; to provide for registration of persons claiming to be exempt from licensure; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

2902

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding between Article 4 and Article 5 a new Arti cle 4A to read as follows:
"ARTICLE 4A
7-1-700. As used in this article, the term: (1) 'Licensed casher of checks' means any individual, partnership, association, or
corporation duly licensed by the Department of Banking and Finance to engage in business pursuant to the provisions of this article.
(2) 'Licensee' means a licensed casher of checks, drafts, or money orders. 7-1-701. (a) No person, partnership, association, or corporation shall engage in the business of cashing checks, drafts, or money orders for a consideration without first obtaining a license under this article. The term 'consideration' shall include any pre mium charged for the sale of goods in excess of the cash price of such goods. (b) Each application for a license shall be in writing and under oath to the depart ment, in such form as the department may prescribe, and shall include the following:
(1) The legal name, residence, and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof;
(2) The location where the initial registered office of the applicant will be located in this state;
(3) The complete address of any other locations at which the applicant proposes to engage in cashing checks; and
(4) Such other data, financial statements, and pertinent information as the depart ment may require with respect to the applicant, its directors, trustees, officers, mem bers, or agents. (c) The application shall be filed together with an investigation and supervision fee established by regulation which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof. 7-1-702. (a) The department shall conduct an investigation of every applicant to determine the financial responsibility, experience, character, and general fitness of the applicant. If the department determines to its general satisfaction:
(1) That the applicant is financially responsible and appears to be able to conduct the business of cashing checks in an honest, fair, and efficient manner and with the confidence and trust of the community; and
(2) That the granting of such application will promote the convenience and advan tage of the area in which the business is to be conducted, the department shall issue the applicant a license to engage in the business of cashing checks. (b) The department shall not issue such a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, has been convicted of a felony involving moral turpitude in any juris diction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspen sion thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the

FRIDAY, MARCH 9, 1990

2903

executive law to remove the disability under this article because of such conviction. The term 'substantial stockholder,' as used in this subsection, shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder.
(c) Such license shall be kept conspicuously posted in the place of business of the licensee. Such license shall not be transferable or assignable.
(d) A license issued pursuant to this article shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surren dered, suspended, or revoked pursuant to this article.
7-1-703. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-683 with such modifications as the department may specify and as may be necessary. Such renewal application shall be filed on or after June 1 of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee
shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January 1. If a renewal application
is filed with the department before July 1 of any year, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such
renewal license. The annual license fee established by the department pursuant to this Code section for any licensee which cashes checks, drafts, or money orders incidental to the retail sale of goods and services shall not exceed $250.00.
7-1-704. (a) Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article.
(b) To assure compliance with the provisions of this article and in consideration of
any application to renew a license pursuant to the provisions of Code Section 7-1-703,
the department may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee
shall pay an examination fee as established by regulations of the department to cover the cost of such examination.
7-1-705. (a) In every location licensed under this article, there shall be conspicu
ously posted and at all times displayed a notice stating the charges for cashing checks. (b) Each licensee shall keep and use in its business such books, accounts, and records
as the department may require to carry into effect the provisions of this article and the rules and regulations. Every licensee shall preserve such books, accounts, and records for at least two years.
(c) Before a licensee shall deposit with any bank a check, draft, or money order cashed by such licensee, the same must be endorsed with the actual name under which such licensee is doing business.
(d) (1) No licensee shall receive any check, draft, or money order with payment
deferred pending collection. Payment shall be made immediately in cash for every check, draft, or money order accepted by the licensee.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, drafts may
be accepted for collection with payment deferred where the licensee has posted a surety bond in the same manner as prescribed for check sales licensees under Code
Section 7-1-683. The amount of the surety bond shall be $10,000.00 for each location operated by the licensee, but in no event in excess of $100,000.00 for all such loca tions.
(e) No licensee shall cash a check, draft, or money order made payable to a payee other than a natural person unless such licensee has previously obtained appropriate documentation from the executive entity of such payee clearly indicating the authority
of the natural person or persons cashing the check, draft, or money order on behalf of the payee.
(f) No licensee shall indicate through advertising, signs, billhead, or otherwise that checks may be cashed without identification of the bearer of such check, and any person

2904

JOURNAL OF THE HOUSE,

seeking to cash a check shall be required to submit such reasonable identification as shall be prescribed by the department; provided, however, the provisions of this subsec tion shall not prohibit a licensee from cashing a check simultaneously with the verifica tion and establishment of the identity of the presenter by means other than the presentation of identification.
(g) Within five business days after being advised by the payor financial institution that a check, draft, or money order has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents the proceeds of illegal activity, the licensee shall notify the department and the district attorney for the judicial circuit in which the check was received. In the event a check, draft, or money order is returned to the licensee by the payor financial institution for any of the aforementioned reasons, the licensee may not release the check, draft, or money order without the consent of the district attorney or other investigating law enforcement authority.
7-1-706. No licensed casher of checks shall: (1) Charge check cashing fees, except as otherwise provided in this Code section,
in excess of 5 percent of the face amount of the check or draft or $5.00, whichever is greater;
(2) Charge check cashing fees in excess of 3 percent of the face amount of the check or draft or $5.00, whichever is greater, if such check or draft is the payment of any kind of state public assistance or federal social security benefit payable to the bearer of such check or draft; or
(3) Charge check cashing fees for personal checks or money orders in excess of 10 percent of the face amount of the personal check or money order or $5.00, whichever is greater. 7-1-707. (a) The department may suspend or revoke any licenses or license issued pursuant to this article if, after notice and a hearing:
(1) It shall find that the licensee: (A) Has committed any fraud, engaged in any dishonest activities, or made any
misrepresentation; (B) Has violated any provisions of the banking law or any regulation issued pur
suant thereto, or has violated any other law in the course of its or his dealings as a licensed casher of checks;
(C) Has made a false statement in the application for such license or failed to give a true reply to a question in such application;
(D) Has demonstrated his or its incompetency or untrustworthiness to act as a licensed casher of checks; or
(E) Has charged check cashing fees, exclusive of direct costs of verification, in unconscionable amounts which do not adequately reflect:
(i) The level of risk associated with the cashing of checks of a particular class using ordinary prudence and commercially reasonable standards of identification
and acceptance;
(ii) The cost of funds necessary to operate a check cashing business; and
(iii) The extraordinary costs for security safeguards associated with the busi ness location of the licensee; or (2) It shall find that any ground or grounds exist which would require or warrant the refusal of an application for the issuance of the license if such an application were then before it.
(b) No application for a license under this article shall be denied and no license granted under this article shall be suspended or revoked unless the applicant or licensee is given a reasonable opportunity to be heard by the department. For this purpose, the department shall give the applicant or licensee at least 20 days' written notice of the time and place of such hearing by registered or certified mail addressed to the principal place of business of such applicant or licensee. A copy of such notice of hearing shall be mailed to any association of licensees registered with the department for the purpose of receiving such notices, and such association shall be permitted to participate in the hearing, either on behalf of the applicant or in opposition to the application. Any order

FRIDAY, MARCH 9, 1990

2905

of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall not be effective for 20 days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant or licensee.
(c) A decision of the department denying a license, original or renewal, shall be con clusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155.
7-1-708. Any person, partnership, association, or corporation and the several mem bers, officers, directors, agents, and employees thereof, who shall violate any of the pro visions of this article, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than one year or by a fine of not more than $500.00, or by both such fine and imprisonment.
7-1-709. (a) This article shall not apply to any bank, trust company, credit union, building and loan association, or savings and loan association which is chartered under the laws of this state or under federal law and domiciled in this state.
(b) The provisions of Code Sections 7-1-701, 7-1-702, 7-1-703, and 7-1-707 shall not apply to persons, partnerships, associations, or corporations engaged in the business of cashing checks, drafts, or money orders:
(1) Incidental to the retail sale of goods or services for a consideration of not more than $1.00 per check, draft, or money order; or
(2) Where the aggregate gross income received by such person, partnership, associ ation, or corporation as consideration for the cashing of checks, drafts, or money orders does not exceed the lesser of $12,000.00 for each location at which checks are cashed or 5 percent of the total gross income from the retail sale of goods or services by such person, partnership, association, or corporation during its most recently com pleted fiscal year. In all other respects, such persons, partnerships, associations, or corporations shall be deemed to be licensees under this article. (c) Persons, partnerships, associations, or corporations claiming exemption under paragraph (2) of subsection (b) of this Code section shall register with the department on or before June 1 of each year certifying as to the basis for such exemption. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person, partnership, association, or corporation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Pinkston of the 100th moved that the House adopt the report of the Committee of Conference on HB 1208.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy
Y Adams YAiken Y Alford Y Alien YAthon Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
YBarfbot YBargeron YBarnett,B Y Barnett.M Y Bates Y Beck

Y Benefield
Benn
Y Birdsong Y Bishop Y Bostick Y Branch YBreedlove Y Brooks N Brown Y Buck Y Buford Y Byrd
Y Campbell Y Carrell Y Carter Y Chambless
Chance N Cheeks

Y Childers
Clark,B
Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M
Y Davis.C Y Davis.G N Davis,M Y Dkon,H Y Dixon.S
Dobbs

Y Dover
Y Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin
Green
Y Greene Y Gresham Y Griffin
Groover Y Hamilton
Hanner

Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin Y Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones

2906
Y Kilgore Y Kingston Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson Y Lee YLinder
Long Lord Y Lucas Lupton Y Mangum Y Martin YMcCoy McDonald Y McKelvey

JOURNAL OF THE HOUSE,

McKinney,B Y McKinney.C Y Meadows
Y Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
YOliver.C YOliver,M Y Orr Y Orrock
Padgett Y Pannell YParham Y Parrish
Patten

Y Pettit Y Pinkston Y Poag
Y Porter Y Poston Y Powell
RandaU Y Ransom
Ray
Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Smith,W Smyre Snow Y Stancil,F Y Stancil.S Y Stanley
Y Steele Y Stephens Y Streat
Teper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus

On the motion, the ayes were 147, nays 5. The motion prevailed.

Y Tolbert Townsend
Y Twiggs
Y Vaughan Y Waddle N Walker.C Y Walker,L Y WaU Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
WiUiams,J N Yates Y Yeargin
Murphy,Spkr

Representative Hasty of the 8th arose to a point of personal privilege and addressed the House.

Representative Redding of the 50th arose to a point of personal privilege and addressed the House.

Representative Jackson of the 83rd arose to a point of personal privilege and addressed the House.

Representative Gresham of the 21st arose to a point of personal privilege and addressed the House.

Representative Benn of the 38th arose to a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

SB 477. By Senators Olmstead of the 26th, Kidd of the 25th and Walker of the 43rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, joint legal custody, and divided or alternate custody arrangements; to provide for definitions; to provide for independent psychological or medical evaluations.

The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

FRIDAY, MARCH 9, 1990

2907

SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Anno tated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delin quent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Correc tions.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 1317. By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to pro vide for definitions; to provide for the purpose of such registry.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1317

The Committee of Conference on HB 1317 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1317 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ A. Quillian Baldwin, Jr. Senator, 29th District
J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES: //,,,, ^ TM/s/ Marv Margaret Oliver Representative, 53rd District
/s/ Pete Robinson Representative, 96th District

/s/ C. Donald Johnson Senator, 47th District

/s/ Calvin Smyre Representative, 92nd District

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to provide for definitions; to provide for the purpose of such registry; to provide the conditions under which reports must be made for purposes of inclusion in such registry and the contents thereof; to provide for classifica tions; to provide for expunging information from the registry; to provide for access to information in the registry; to provide for statistical analyses; to provide for the confiden tial nature of information in the registry and restrict its public use; to prohibit providing, obtaining, communicating, or using such information and certain attempts relating thereto; to provide for penalties; to provide for immunity from liability, to repeal conflicting laws; and for other purposes.

2908

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end a new article to read as follows:
"ARTICLE 8
49-5-180. As used in this article, the term: (1) 'Abuse investigator' means the department, any local department of family and
children services, law enforcement agency, or district attorney or designee thereof. (2) 'Abuse registry' means the central child abuse registry required to be estab
lished by Code Section 49-5-181. (3) 'Abused' means subjected to child abuse. (4) 'Child' means any person under 18 years of age. (5) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means, and this shall be deemed to be physical abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; (C) Sexual assault of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; and (D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183. (6) 'Confirmed' means that an investigation by an abuse investigator has revealed
that there is substantial credible evidence that child abuse occurred. (7) 'Division' means the Division of Family and Children Services of the Depart
ment of Human Resources. (8) 'Out-of-state abuse investigator' means a public child protective agency or law
enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article.
(9) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (10) 'Unconfirmed' means that an abuse investigator has been unable to locate the child allegedly abused or has determined by an investigation that there is not substan tial credible evidence that child abuse occurred. (11) 'Under investigation' means that an investigation by an abuse investigator has not been completed but shall not extend beyond 180 days from the date the investiga tion began. (12) 'Unfounded' means that an investigation by an abuse investigator has deter mined that there is no credible evidence that child abuse occurred. 49-5-181. The division shall establish and maintain a central child abuse registry which shall receive all information regarding suspected cases of child abuse reported to the division pursuant to Code Section 49-5-183. In addition the division shall notify any individual whose name appears in the registry and provide, in writing, the procedure for expungement. 49-5-182. The abuse registry shall be operated in such a manner as to enable abuse investigators to:

FRIDAY, MARCH 9, 1990

2909

(1) Immediately identify and locate prior reports of child abuse; and (2) Maintain and produce aggregate statistical data of reported cases of child abuse. 49-5-183. (a) All reports of alleged child abuse received by any abuse investigator pursuant to Code Section 19-7-5 and all cases in which an abuse investigator indepen dently makes a determination that there is reasonable cause to believe a child has been abused shall be reported to the division upon the earlier of: (1) The completion of the investigation; or (2) Within 30 days after the report pursuant to Code Section 19-7-5 is made or the independent determination by the investigator is made. (b) If, within the 30 days specified in paragraph (2) of subsection (a) of this Code section, the investigation by an abuse investigator: (1) Is completed, that investigator shall classify the alleged abuse as 'unfounded,' 'confirmed,' or 'unconfirmed' and, if classified as:
(A) 'Unfounded,' the abuse investigator shall not make a report to the division, notwithstanding subsection (a) of this Code section; or
(B) 'Confirmed' or 'unconfirmed,' the abuse investigator shall make a report to the division and include such classification; or (2) Is not completed, that abuse investigator shall make to the division a report which classifies the alleged abuse as 'under investigation.' (c) The report to the division pursuant to this Code section shall also include the following: (1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the child's par ents, custodian, or caretaker, if known; (3) Name, age, sex, race, social security number, and birthdate of the person alleged to have committed child abuse, if known; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (5) of Code Section 49-5-180 as either sexual abuse, physical abuse, child neglect, or a combination
thereof. (d) Upon completion of its investigation of a case reported to the division and classi fied as 'under investigation,' the abuse investigator shall:
(1) Classify such case as 'confirmed,' 'unconfirmed,' or 'unfounded,'; and
(2) If the case is classified as 'confirmed' or 'unconfirmed' report such classification to the abuse registry.
49-5-184. (a) The division shall include in the abuse registry the information reported to it pursuant to Code Section 49-5-183 within ten days after receipt thereof.
(b) All identifying information in the abuse registry of cases classified as 'unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified. If at any time a case becomes reclassified as 'unfounded' it shall be immediately expunged from the abuse registry.
(c) Any individual whose name appears in the abuse registry may petition the juve nile court of the county in which the report was made for expungement at any time. The juvenile court, after conducting a hearing at which the division has been served with notice and is given a reasonable opportunity to be heard, shall order expungement upon a finding that there is no reasonable basis for the petitioning individual's name to be maintained in the abuse registry for the statutorily prescribed period.
49-5-185. (a) Only an abuse investigator, medical examiner, coroner, or out-of-state abuse investigator which has investigated, or is investigating, a case of possible child abuse shall be provided any information from the abuse registry and shall only be pro vided information relating to that case for purposes of using that information in such investigation, except as provided in subsection (b) of Code Section 49-5-186.
(b) The department shall provide the Governor's office, the General Assembly, dis trict attorneys, and law enforcement agencies with a statistical analysis of reported cases from the abuse registry at the end of each calendar year. This analysis shall not include

2910

JOURNAL OF THE HOUSE,

the names of any children, parents, or persons alleged to have committed child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confi dential information.
49-5-186. (a) Information in the abuse registry shall be confidential and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of Chapter 5 of Title 49.
(b) Information obtained from the abuse registry may not be made a part of any record which is open to the public except that a district attorney may use and make public that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse.
(c) Any person who knowingly provides from the abuse registry any information to a person not authorized to be provided that information under this article, shall be guilty of a misdemeanor.
(d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the abuse registry except as authorized in this article shall be guilty of a misdemeanor.
49-5-187. The department and employees thereof providing information from the abuse registry as authorized by this article and any person who uses such information from the abuse registry as authorized by this article shall have no civil or criminal liabil ity therefor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Smyre of the 92nd moved that the House adopt the report of the Committee of Conference on HB 1317.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Y Balkcom
Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
YBuck Y Buford
YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Clark,B
Clark,H Y Clark.L Y Coleman
Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M
Y Davis.C Davis.G
Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Y Ehrhart Felton
Y Fennel Y Flovd,J.M Y Floyd,J.W Y Foster
Godbee Y Goodwin Y Green
Y Greene Gresham
Griffin
Groover Y Hamilton
Y Hanner

Y Harris
Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin
Isakson
Y Jackson,J Jackson.W
Y Jamieson Jenkins Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee Y Under
Long YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy McDonald
Y McKelvey

On the motion, the ayes were 147, nays 0.

McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley
Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham YParrish
Patten Y Pettit Y Pinkston YPoag Y Porter YPoston
Y Powell Randall Ransom
YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith,L Y Smith.P Y Smith.T
Smith,W
Y Smyre YSnow Y Stancil,F Y StanciLS
Stanley YSteele Y Stephens Y Street YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Tolbert
Y Townsend YTwiggs Y Vaughan
Waddle Walker.C Walker,L
Y Wall Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B
WffliamsJ Y Yates Y Yeargin
Murphy,Spkr

FRIDAY, MARCH 9, 1990

2911

The motion prevailed.

HB 1318.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such commit tees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoe nas.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1318

The Committee of Conference on HB 1318 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1318 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/AS.enQautoilrl,ia2n9tBhaDldiwstirni,ctJr.
J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Mafy Margaret Oliver Representative, 53rd District
/s/ pete Robinson Representative, 96th District

/s/ C. Donald Johnson Senator, 47th District

/s/ Calvin Smyre Representative, 92nd District

A BILL
To amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such committees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoenas; to provide for transmitting reports of these committees and conditions relating thereto; to create the State-wide Child Fatality Review Panel and provide for its selection, membership, organization, meetings, duties, and powers; to provide for terms of panel members and for vacancies on the panel; to provide for compensation, expenses, and allow ances of the panel; to provide for reports and procedures; to provide for the privileged and confidential nature of certain information and meetings; to prohibit certain disclosures and provide for criminal penalties; to provide for immunity from liability; to provide for statu tory construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, is amended by striking that chapter and inserting in its place a new chapter to read as follows:
"CHAPTER 1
19-1-1. As used in this chapter, the term:

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JOURNAL OF THE HOUSE,

(1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age.
(3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker
thereof by other than accidental means; provided, however, physical forms of disci pline may be used as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof;
(C) Sexual assault of a child; or (D) Sexual exploitation of a child.
(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, schoolteacher, school administrator, or school counselor or who is employed to render services to chil dren by the Department of Human Resources or any county board of health or county department of family and children services.
(5) 'Committee' means a child abuse protocol committee established Code Section 19-1-2.
(6) 'Panel' means the State-wide Child Fatality Review Panel created by Code Sec tion 19-1-4.
(7) 'Report' means a report prepared by a committee pursuant to subsection (b) of Code Section 19-1-3.
(8) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or
(B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. 10-1-1. 19-1-2. (a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall
establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meet ing. Thus established, the committee shall thereafter elect a chairperson from its mem bership.
(c) (1) Each of the following agencies of the county shall designate a representative
to serve on the committee: (A) The office of the sheriff; (B) The county department of family and children children's services;
(C) The office of the district attorney; (D) The juvenile court;
(E) The magistrate court; (F) The county board of education;
(G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county
police department; and (I) The office of the chief of police of the largest municipality in the county; ;
(J) The county board of health, which shall designate a physician to serve on the
committee; and (K) The office of the coroner or county medical examiner.
(2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a repre
sentative from a local citizen or advocacy group which focuses on child abuse aware ness and prevention.
(d) The chief superior court judge or, after the first meeting, the child abuse protocol committee thus established may appoint such additional members as necessary and
proper to accomplish the purposes of the committee. (e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which
shall be filed with the Division of Family and Children Services of the Department of Human Resources, a copy of which shall be furnished to each agency in the county han
dling the cases of abused children. The protocol shall be a written document outlining

FRIDAY, MARCH 9, 1990

2913

in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child.
(f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused
child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child.
(g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and may meet from time to time for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same.
19-1-3. (a) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investiga tion pursuant to Code Section 45-16-25, that medical examiner at the same time shall also transmit a copy of that report to the committee of the county in which such child resided at the time of death.
(b) A committee which receives a report pursuant to subsection (a) of this Code sec tion shall meet and review the report within ten days after receipt and conduct its own investigation into the death of the child named in that report. The committee may obtain from any superior court judge of the county for which the committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the com mittee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. The committee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The committee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the committee held after the committee received the medical examiner's report. The committee's report shall:
(1) State the circumstances leading up to death and cause of death; (2) Detail any agency involvement prior to death, including the beginning and end ing dates and kinds of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities; (3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death; (4) State whether -court intervention had ever been sought; (5) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; and (6) Make recommendations for possible prevention of future deaths of similar inci dents for children who are at risk for such deaths. (c) The committee shall transmit a copy of its report within 15 days following its completion to the Department of Human Resources and to the panel. The committee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was created if the report con cluded that the child named therein died as a result of: (1) Sudden Infant Death Syndrome when no autopsy was performed to confirm the diagnosis; (2) Accidental death when it appears that the death could have been prevented through intervention or supervision;
(3) Any sexually transmitted disease;
(4) Medical causes which could have been prevented through intervention by an agency or by seeking medical treatment;
(5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious;
(6) Suspected or confirmed child abuse;
(7) Trauma to the head or body; or

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JOURNAL OF THE HOUSE,

(8) Homicide. 19-1-4. (a) There is created the State-wide Child Fatality Review Panel which shall be composed as follows:
(1) One district attorney; (2) One juvenile court judge; (3) One citizen member who is not employed by or an officer of the state or any
political subdivision thereof; (4) One forensic pathologist; (5) The chairman of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Depart
ment of Human Resources; and (7) The director of the Georgia Bureau of Investigation.
(b) Members of the panel specified in paragraphs (1) through (4) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin July 1^ 1990, and expire June 30, 1992, and until their respective successors are appointed and qualified. Thereafter, successors to such members whose terms of office are to expire shall be appointed for terms beginning on July 1 of the year in which such terms expire and shall serve for terms of two years and until their respective successors are appointed and qualified. Vacancies in the membership of the panel so appointed shall be filled in the same manner as the original appointment for the unexpired term of office. Members of the panel specified in paragraphs (5) through (7) of subsection (a) of this Code section shall serve during the time such persons hold the offices or position specified therein.
(c) Those members of the panel described in paragraphs (4) through (7) of subsec tion (a) of this Code section shall receive no additional compensation for their services on the panel but shall receive the same daily expense and travel or mileage allowance authorized for members of the General Assembly for service on interim study commit tees, which shall be payable from the department or agency of which such member js an employee or officer. The remaining members of the panel shall receive from state funds no compensation, expenses, or allowances for such services on the panel.
(d) The chairman of the Board of Human Resources shall serve as chairman of the panel. The panel shall meet yearly to review the reports of committees and shall meet when requested to do so by the Governor. The chairman shall review each report sub mitted to the panel by a committee and may call a special meeting of the panel to review any report when the chairman has concluded the report warrants expedited review and has been requested by the submitting committee to make such expedited review.
At the end of each calendar year, the panel shall submit a report to the Governor _____ the prevalence and circumstances of child fatalities in the state, recommend measures to reduce such fatalities caused by other than natural causes, and shall address in the report the following issues:
(1) Whether the deaths could have been prevented; (2) Whether the children were known to any state or local agency; (3) Whether agency intervention could have prevented their deaths;
(4) Whether policy, regulatory, or statutory changes are called for as a result of these findings; and
(5) Whether any referral should have been made to a law enforcement agency which was not made.
(f) The panel shall also establish procedures for the conduct of investigations by committees into deaths of children and may obtain the assistance of child protection professionals in establishing such procedures.
19-1-5. Meetings and proceedings of:
(1) A committee in the exercise of its duties shall be closed to the public and shall not be subject to Chapter 14 of Title 50, relating to open meetings;
(2) The panel shall be open to the public as long as information identifying a deceased child, any family member of the child, or alleged or suspected perpetrator of abuse upon the child is not disclosed during such meetings or proceedings, but the

FRIDAY, MARCH 9, 1990

2915

panel is authorized to close such meeting to the public when such identifying informa tion is required to be disclosed to members of the panel in order for the panel to carry out its duties. 19-1-6. (a) Records and other documents which are made public records pursuant to any other provisions of law shall remain public records notwithstanding their being obtained, considered, or both, by either a committee or the panel. (b) Notwithstanding any other provision of law to the contrary, reports of a commit tee made pursuant to Code Section 19-1-3 and reports of the panel made pursuant to Code Section 19-1-4 shall be public records and shall be released to any person making a request therefor but the panel or committee having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse. (c) Statistical compilations of data by a committee or the panel based upon informa tion received thereby and containing no information which would permit the identifica tion of any person shall be public records. (d) Members of a committee or of the panel shall not disclose what transpires at any meeting other than one made public by Code Section 19-1-5 nor disclose any informa tion the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter. Any person who knowingly violates this subsection shall be guilty of a misdemeanor. (e) A person who presents information to a committee or the panel or who is a mem ber of either body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential information obtained by such person as a result of serving as a member of either body. This subsection shall not be construed to prohibit any person from testifying regarding information obtained independently of a committee or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge. (f) Except as otherwise provided in this Code section, information acquired by and records of a committee or the panel shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal pro ceeding. (g) A member of a committee or the panel shall not be civilly or criminally liable for any disclosure of information made by such member as authorized by this Code sec tion."
Section 2. Nothing in this Act shall be construed to authorize or require the inspec tion of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state.
Section 3. Those provisions of this Act relating to and necessary for purposes of appointing members of the child abuse protocol committees and the State-wide Child Fatality Review Panel shall become effective when this Act is approved by the Governor or becomes law without such approval. The remaining provisions of this Act shall become effective July 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Smyre of the 92nd moved that the House adopt the report of the Committee of Conference on HB 1318.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams

Y Aiken
Y Alford Y Alien

Athon
Y Atkins Y Bailey

Y Baker
Y Balkcom Y Bannister

Y Barfoot
Bargeron Y Barnett.B

2916

JOURNAL OF THE HOUSE,

Y Barnett.M
Bates Beck Y Benefield Benn Y Birdsong Y Bishop Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers Clark,B Clark.H Clark,L Y Coleman Colwell Y Connell
Y Couch Y Crawford
Y Crosby Y Cummings.B Y Cummings,M

Y Davis.C
Davis.G Y Davis,M Y Dixon,H Y Dixon.S YDobbs
Y Dover Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson
Ylrwin Isakson
Y Jackson,J Y Jackson,W Y Jamieson
Jenkins Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Under Long YLord Lucas Y Lupton Mangum Y Martin YMcCoy Y McDonald Y McKelvey McKinney,B Y McKinney.C Y Meadows YMilam Y Mobley Y Moody

Y Mortem Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett YPannell Y Parham Y Parrish
Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall Ransom YRay
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSehnan Y Simpson Y Sinkfield Y Smith,L Y Smith.P Y Smith,T

On the motion, the ayes were 148, nays 0. The motion prevailed.

Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley
YSteele Y Stephens Y Streat YTeper
Y Thomas.C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Waddle Walker.C Y Walker,L Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy,Spkr

HB 1319. By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for defi nitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1319

The Committee of Conference on HB 1319 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1319 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ A. Quillian Baldwin, Jr. Senator, 29th District
J. Nathan Deal Senator, 49th District
/&/ C. Donald Johnson Senator, 47th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Mary Margaret Oliver Representative, 53rd District
/s/ Pete Robinson Representative, 96th District
/s/ Calvin Smyre Representative, 92nd District

FRIDAY, MARCH 9, 1990

2917

A BILL
To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to child abuse records, so as to provide for definitions; to change the per sons having access to such records and information contained therein and provide conditions for certain disclosures; to prohibit certain conduct relating to such records and information contained therein and provide penalties therefor; to provide immunity for cer tain disclosures; to prohibit certain information from being made a part of records which are open to the public and provide an exception; to limit certain inspections of records or release of information which would result in loss of federal funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to child abuse records, is amended by striking Code Section 49-5-40, declar ing certain records to be confidential, and inserting in its place a new Code section to read as follows:
"49-5-40 (a) As used in this article, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of disci pline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child. (4) 'Sexual exploitation' means conduct by a child's parent or caretaker who
allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print
medium depicting such conduct, as defined in Code Section 16-12-100. (b) Each and every record concerning reports of child abuse and neglect and child controlled substance or marijuana abuse which is in the custody of the department or other state or local agency is declared to be confidential, and access thereto is prohibited except as provided in Code Section 49-5-41 and Code Section 49-5-41.1."
Section 2. Said article is further amended by striking Code Section 49-5-41, relating to persons permitted access to child abuse records, and inserting in its place the following:
"49-5-41. (a) Notwithstanding Code Section 49-5-40, the following persons or agen cies shall have reasonable access to such records concerning reports of child abuse ad deprivation:
(1) A legally mandated, public or private, child protective agency of this state or any other state bound by similar confidentiality provisions and requirements which is investigating a report of known or suspected child abuse ef deprivation or treating a child or family which is the subject of a report or record;
(2) A court, by subpoena, upon its finding that access to such records may be nec essary for determination of an issue before such court; provided, however, that the court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence;
(3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; ad
(4) A district attorney of any judicial circuit in this state or any assistant district attorney who may seek such access in connection with official duty- -,
(5) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child con cerning whom the report was made, shall disclose only whether the investigation by

2918

JOURNAL OF THE HOUSE,

the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report;
(6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding a deceased child when such per son specifies the identity of the child, but such access shall be limited to a disclosure regarding whether there is such an ongoing or completed investigation of such death and, if completed, whether child abuse was confirmed or unconfirmed; and
(7) The State Personnel Board, by administrative subpoena, upon a finding by a State Personnel Board administrative hearing officer that access to such records may be necessary for a determination of an issue involving departmental personnel, pro vided that only those parts of the record relevant to the personnel action shall be dis closed. The name of any complainant or client shall not be identified nor entered into the record. (b) (1) Notwithstanding Code Section 49-5-40, the juvenile court in the county in which are located any department or county board records concerning reports of child abuse, after application for inspection and a hearing on the issue, shall permit inspec tion of such records by or release of information from such records to individuals or entities who are engaged in legitimate research for educational, scientific, or public purposes and who comply with the provisions of this subsection. When those records are located in more than one county, the application may be made to the juvenile court of any one such county. A copy of any application authorized by this subsection shall be served on the nearest office of the department. In cases where the location of the records is unknown to the applicant, the application may be made to the Juve nile Court of Fulton County.
(2) The juvenile court to which an application is made pursuant to paragraph (1) of this subsection shall not grant the application unless:
(A) The application includes a description of the proposed research project, including a specific statement of the information required, the purpose for which the project requires that information, and a methodology to assure the information is not arbitrarily sought;
(B) The applicant carries the burden of showing the legitimacy of the research project; and
(C) The applicant agrees, and the court so orders the applicant, not to disclose: (i) The name, address, or other identifier of a child; (ii) Information which would identify individuals who were investigated but
not charged with or prosecuted for a crime or who were reporters of child abuse; or
(iii) Information which would prove personally embarrassing to individuals who were not targets of any investigation unless the juvenile court determines that exceptional interests militate in favor of disclosure but any agreement order pursuant to this subparagraph shall not apply to informa tion obtained from other than the records to which the applicant is afforded access under this subsection. (3) If an applicant fails to conduct a research project in accordance with the research application submitted pursuant to this subsection or fails to comply with subparagraph (C) of paragraph (2) of this subsection, the court issuing the order under that paragraph (2) may terminate access, impose other restrictions, hold the applicant in contempt of court, or impose any combination of such sanctions. (4) Notwithstanding the provisions of this subsection, access to the child abuse registry created pursuant to Article 8 of this chapter shall not be permitted except as allowed by Article 8 of this chapter. (b) (c) The department or a county or other state or local agency may permit access to such records concerning reports of child abuse and deprivation and may release infor mation from such records to the following persons or agencies when deemed appropriate by such department: (1) A physician who has before him a child whom he reasonably suspects may be abused er deprived;

FRIDAY, MARCH 9, 1990

2919

(2) Police or any other law enforcement agency of this state or any other state or 3Y. medical examiner or coroner investigating a report of known or suspected child abuse er deprivation;
(3) A person legally authorized to place a child in protective custody when such person has before him a child he reasonably suspects may be abused er deprived and such person requires the information in the record or report in order to determine whether to place the child in protective custody; and
(4) An agency or person^ other than a child's parent or guardian, having the legal custody, responsibility, or authorization to care for, treat, or supervise the child who is the subject of a report or record; ;
(5) An agency, facility, or person having responsibility or authorization to assist in making a judicial determination for the child who is the subject of the report or record of child abuse, including but not limited to members of officially recognized cit izen review panels, court appointed guardians ad litem, certified Court Appointed Spe cial Advocate (CASA) volunteers who are appointed by a judge of a juvenile court to act as advocates for the best interest of a child in a juvenile proceeding, and members of a county child abuse protocol committee or task force;
(6) A legally mandated public child protective agency or law enforcement agency of another state bound by similar confidentiality provisions and requirements when, during or following the department's investigation of a report of child abuse, the alleged abuser has left this state;
(7) A child welfare agency, as defined in Code Section 49-5-12, or a school where the department has investigated allegations of child abuse made against any employee of such agency or school and any child remains at risk from exposure to that employee;
(8) An employee of a school or employee of a child welfare agency, as defined in Code Section 49-5-12, against whom allegations of child abuse have been made, when the department has been unable to determine the extent of the employee's involve ment in alleged child abuse against any child in the care of that school or agency. In those instances, upon receiving a request and signed release from the employee, the department may report its findings to the employer; and
(9) Any person who has an ongoing relationship with the child named in the record or report of child abuse any part of which is to be disclosed to such person but only if that person is required to report suspected abuse of that child pursuant to subsection (b) of Code Section 19-7-5, as that subsection existed on January 1^ 1990."
Section 3. Said article is further amended by striking Code Section 49-5-44, relating to penalties for allowing unauthorized access to certain records, and inserting in its place a new Code section to read as follows:
"49-5-44. (a) Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse and deprivation declared confidential by Code Section 49-5-40 shall be guilty of a misde meanor.
(b) Any person who knowingly and under false pretense obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized in this article or Code Section 19-7-5 shall be guilty of a misdemeanor.
(c) Records made confidential by Code Section 49-5-40 and information obtained from such records may not be made a part of any record which is open to the public except that a district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse."
Section 4. Said article is further amended by adding at the end a new Code section to read as follows:
"49-5-46. The department or any agency and employees of either providing access to or disclosure of records or information as authorized by Code Section 49-5-41 shall have no civil or criminal liability therefor."

2920

JOURNAL OF THE HOUSE,

Section 5. This Act shall not authorize or require the inspection of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Smyre of the 92nd moved that the House adopt the report of the Committee of Conference on HB 1319.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett,M Y Bates
Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B
Y Clark,H Y Clark,L Y Coleman
Colwell
Y Connell Y Couch Y Crawford Y Crosby Y Cummings.B Y Cummings,M
Y Davis,C Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover
Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Banner

Y Harris
Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson
Y Jackson.J Y Jackson, W Y Jamieson Y Jenkins
Johnson Y Jones
Y Kilgore Y Kingston
Y Lane.D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee Y Linder
Long YLord Y Lucas
Y Lupton Mangum
Y Martin Y McCoy Y McDonald , Y McKelvey

On the motion, the ayes were 157, nays 0. The motion prevailed.

McKinney,B Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall Ransom YRay Y Reaves Redding Y Richardson Y Rickehum Y Robinson Y Royal Selman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P
Y Smith.T Y Smith, W
Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle
Walker.C
Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White
Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy ,Spkr

Due to mechanical malfunction, the vote of Representative Smyre of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1523. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.

FRIDAY, MARCH 9, 1990

2921

The President has appointed on the part of the Senate the following: Senators Deal of the 49th, Collins of the 17th and Johnson of the 47th.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 9, 1990
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 9, 1990, by adding the following:
SB 411 QBE; Certain Schools to Receive Sparsity Grants SB 412 Gambling; Certain Games or Devices; Exceptions (Recon.) SB 716 Aboveground Storage Tanks; Diesel Fuel; No Prohibition
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /s/ Lee of the 72nd
Chairman

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration:

SB 412. By Senator Fuller of the 52nd:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to cer tain games or devices; to provide for requirements in connection therewith; to provide for penalties.

The following amendment was read and adopted:

Representative Watson of the 114th moves to amend SB 412 by striking all matter appearing in lines 4 through 8 on page 3 and inserting in lieu thereof the following:
"(f) Any person owning or possessing an amusement game or device described in subsection (d) or (e) of this Code section or any person employed by or acting on behalf of any such person who gives to any other person money for a noncash prize, toy, or novelty received as a reward in playing any such amusement game or device shall be guilty of a misdemeanor.'"

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy N Adams Y Aiken Y Alford Y Alien

Y Athon
Y Atkins Y Bailey Y Baker
Balkcom Y Bannister

N Barfoot
Bargeron Y Barnett,B Y Barnett,M
Bates Beck

Y Benefield
Y Benn N Birdsong Y Bishop
Bostick N Branch'

Y Breedlove
Y Brooks N Brown Y Buck N Buford N Byrd

2922

JOURNAL OF THE HOUSE,

Y CampbeU Y Carrell N Carter Y Chambless Y Chance N Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L Y Coleman
Colwell Y Connell N Couch Y Crawford
Y Crosby Cummings.B
Y Cummings,M Y Davis,C Y Davis.G N Davis.M Y Dixon.H
Dixon,S Dobbs N Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel

N Floyd,J.M
Y Floyd,J.W Y Foster
YGodbee Y Goodwin Y Green N Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner Harris Y Hasty Heard N Herbert N Holcomb N Holland Y Holmes Y Hooks Howren
N Hudson Ylrwin Y Isakson Y Jackson,J N Jackson, W
N Jamieson N Jenkins Y Johnson Y Jones

Kilgore
Y Kingston N Lane.D
Y Lane,R Y Langford N Lawrence Y Lawson NLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin
Y McCoy Y McDonald N McKelvey
McKinney,B Y McKinney.C Y Meadows
YMilam N Mobley N Moody NMorton N Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr

YOrrock
N Padgett Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston
YPoag N Porter YPoston Y Powell YRandall N Ransom NRay
Reaves Redding Y Richardson N Ricketson Y Robinson N Royal
YSelman Y Simpson Y Sinkfield Y Smith,L N Smith,P N Smith,T
Smith,W YSmyre YSnow

Y Stancil,F Y Stancil,S
Stanley
Y Steele Y Stephens Y Streat YTeper
N Thomas,C Y Thomas,M
Y Thompson Y Thurmond N Titus Y Tolbert Y Townsend YTwiggs Y Vaughan N Waddle
Walker.C Y Walker.L Y Wall Y Ware
Y Watson N Watts Y White Y Wilder N Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 110, nays 42.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Richardson of the 52nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 836

The Committee of Conference on HR 836 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 836 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Hugh M. Gillis Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Dover Representative, llth District

/s/ Lewis H. McKenzie Senator, 14th District

/s/ John Godbee Representative, 110th District

/s/ Loyce W. Turner Senator, 8th District

/s/ A. Richard Royal Representative, 144th District

FRIDAY, MARCH 9, 1990

2923

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly by general law shall encourage the preservation, conservation, and protection of bona fide conservation use property (including agricultural and timber land) and bona fide residential transitional property through different methods of assessment and taxation of such property and shall provide for standing timber to be assessed only once after sale or harvest at an increased level of assessment; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as fol lows:
"(a) All taxes shall be levied and collected under general laws and for public pur poses only. Except as otherwise provided in subparagraphs (c), and (d), and (e), all taxa tion shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax."
Section 2. Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (e) and inserting in its place new subparagraphs (e) and (f) to read as follows:
"(e) The General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to
include a formula based on current use, annual productivity, and real property sales data, oft 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following con ditions:
(A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and
(B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed per centage of value fixed by law for other real property taxed under the uniformity provi sions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. {} (f) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c). Of (d), or (e)."
Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the General Assembly by general law shall encourage the preservation, conservation,
( ) NO

2924

JOURNAL OF THE HOUSE,

and protection of bona fide conservation use property (including agricul tural and timber land) and bona fide residential transitional property through different methods of assessment and taxation of such property and shall provide for standing timber to be assessed only once after sale or harvest at an increased level of assessment?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Representative Royal of the 144th moved that the House adopt the report of the Committee of Conference on HR 836.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford N Alien
Athon Y Atkins N Bailey Y Baker Y Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeck N Benefield
Benn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
Brooks N Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark.L
Coleman Y Colwell Y Connell N Couch Y Crawford
Y Crosby Y Cummings,B N Cummings.M N Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee N Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris Y Hasty
Heard Y Herbert N Holcomb Y Holland N Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson.W N Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D
YLane.R Y Langford Y Lawrence Y Lawson NLee N Linder
Long YLord
Lucas Y Lupton
Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 145, nays 17. The motion prevailed.

McKinney.B
N McKinney.C Y Meadows Y Milam Y Mobley Y Moody N Morton Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson N Sinkfield

Y Smith.L Y Smith,? Y Smith.T N Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Y Steele Y Stephens
Y Streat YTeper Y Thomas.C
Thomas.M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

The Speaker Pro Tern assumed the Chair.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendments to the House substitute thereto:

FRIDAY, MARCH 9, 1990

2925

SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Anno tated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delin quent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Correc tions.

The following Senate amendment was read:

SENATE AMENDMENT No. 1
Amend the House substitute to SB 484 by striking lines 10 and 11 on page 3 and sub stituting:
"(B) Repeated assaultive behavior on the part of the child; or".

Representative Parham of the 105th moved that the House agree to the Senate amendment No. 1 to the House substitute to SB 484.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Aiken Alford Alien Y Athon
Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Y Barfoot Bargeron Barnett.B
Y Barnett.M Y Bates YBeck Y Benefield
Benn Y Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless
Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford
Y Crosby Y Cummings.B
Cummings,M
Y Davis,C Davis.G
Y Davis,M
Y Diion.H Y Diion,S
Dobbs Y Dover Y Dunn Y Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee YGoodwin
Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Holmes Y Hooks
Howren Hudson Ylrwin Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D
YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long
YLord Lucas
Y Lupton Y Mangum Y Martin YMcCoy
McDonald Y McKelvey

On the motion, the ayes were 141, nays 0. The motion prevailed.

McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver,M YOrr
Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit
Pinks ton
YPoag Y Porter YPoston Y Powell YRandall Y Ransom
YRay Y Reaves
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L Y Smith,P Y Smith,T
Smith.W
YSmyre Snow
Y Stancil,F Y Stancil,S Y Stanley
YSteele Y Stephens Y Streat YTeper
Y Thomas,C Y Thomas,M
Thompson Y Thurmond
Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware
Y Watson Y Watts Y White
Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy,Spkr

The following Senate amendment was read:

2926

JOURNAL OF THE HOUSE,

SENATE AMENDMENT No. 2
Amend the House substitute to SB 484 as follows:
By adding on page 12, after line 32 the following:
"Section 10. This statue shall become effective on July 1, 1991, or upon the construc tion of the youth development facility provided for under Section 52 of HB 1314 adopted at the 1990 session of the Georgia General Assembly, whichever first occurs."

Representative Parham of the 105th moved that the House disagree to Senate amend ment No. 2 to the House substitute to SB 484.
The motion prevailed.

The following Senate amendment was read:

SENATE AMENDMENT No. 3
Amend the House substitute to SB 484 as follows:
By adding on page 4 line 13, after "Department of Corrections" and before "as" for incarceration in the Dodge County Facility.

Representative Parham of the 105th moved that the House disagree to the Senate amendment No. 3 to the House substitute to SB 484.
The motion prevailed.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

SB 714. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 12, the "Georgia Water Qual ity Control Act," so as to provide for water quality standards for certain lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:

SB 477. By Senators Olmstead of the 26th, Kidd of the 25th and Walker of the 43rd:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for sole legal custody, joint custody, joint physical custody, joint legal custody, and divided or alternate custody arrangements; to provide for definitions; to provide for independent psychological or medical evaluations.

The following Senate amendment was read:

FRIDAY, MARCH 9, 1990

2927

Amend the House substitute to SB 477 as follows:
By adding on Page 2, line 14 a sentence to read "The court is authorized to order a psychological custody evaluation of the family or an independent medical evaluation".

Representative Porter of the 119th moved that the House agree to the Senate amend ment to the House substitute to SB 477.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams Y Aiken Y Alford
Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates
YBeck Y Benefield YBenn Y Birdsong
Y Bishop Y Bostick
Y Branch Y Breedlove
Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Y Chance Y Cheeks

Y Childers
Clark.B Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell
Couch Y Crawford
Y Crosby Y Cummings,B
Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S Y Dobbs
Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin
Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb
Y Holland Y Holmes Y Hooks Y Howren
Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Lupton Y Mangum
Y Martin Y McCoy
McDonald Y McKelvey

McKinney,B Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody Y Morion Y Moultrie
N Mueller Y Oliver.C
Oliver,M
YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell YRandall Y Ransom YRay
Reaves Redding Y Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith.P Smith,T
Y Smith.W YSmyre YSnow
Y Stancil.F Y Stancil,S Y Stanley YSteele Y Stephens
Y Streat Teper
Y Thomas.C Y Thomas,M Y Thompson Y Thurmond
Titus Y Tolbert
Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 150, nays 1.

The motion prevailed.
The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 442. By Representative Porter of the 119th:

A BILL to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 442

The Committee of Conference on HB 442 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 442 be adopted.

Respectfully submitted,

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JOURNAL OF THE HOUSE,

FOR THE SENATE:
Is/ HSeungahtoGr,il2li0sth District
/s/ Nathan Dean Senator, 31st District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES: /,s/, TM,.,.l,l,l.lam JT; ?,,ve' n . t . t Representative, llth District
/s/ Tom Crosby, Jr. Representative, 150th District
/s/ DuBose Porter Representative, 119th District

A BILL
To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state and must pay that tax to the dealer involved in the transaction; to provide for liability of the dealers for the tax; to provide for tax rates and credits; to provide for conditions and limitations regarding the tax; to provide when purchasers, lessees, or renters will be dealers and the consequence thereof; to change certain provisions regarding the calculation of estimated tax liability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to the state sales and use tax, is amended by striking subparagraph (H) of subparagraph (3) of Code Section 48-8-2, relating to definitions, and inserting in its place a new subparagraph to read as follows:
"(H) Solicits business either by rcprcscntativea er by the distribution ef catalogs er otncF advertising matter and Dy reason ot inc solicitation receives find accepts orders from consumers m this state. Solicits business by representatives or engages in the regu lar or systematic solicitation of a consumer market in this state by the distribution of catalogs, periodicals, advertising fliers, or other advertising, or by means of print, radio, or television media, by telegraphy, telephone, computer data base, cable optic, micro wave, or other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applica ble, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless it is affirmatively shown that this article has been fully complied with."
Section 2. Said article is further amended by adding immediately following subsec tion (c) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new sub section, to be designated subsection (c.l), to read as follows:
"(c.l) (1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commis sioner, the tax shall be a credit against the tax imposed on the retailer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable

FRIDAY, MARCH 9, 1990

2929

for a tax on the sale at the rate of 4 percent of such gross sales or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater.
(2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax."
Section 3. Said article is further amended by adding immediately following subsec tion (e) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new subsection, to be designated subsection (e.l), to read as follows:
"(e.l) (1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the rental charge paid for that lease or rental if that person is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and title to that property remains in that person. It shall be prima-facie evidence that such prop erty is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for pur poses of this article. The dealer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the dealer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who leases or rents tangi ble personal property outside this state to be delivered in this state to the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 percent of the gross proceeds from such leases or rentals or the amount of taxes collected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater.
(2) No lease or rental shall be taxable to the dealer which is not taxable to the lessee or renter. The tax imposed by this subsection shall be subject to the credit granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax."
Section 4. Said article is further amended by striking subsection (g) of Code Section 48-8-30, relating to imposition of the sales and use tax, and inserting in its place a new subsection to read as follows:
"(g) Whenever a purchaser of tangible personal property under subsection subsec tions (b) or (e.l) of this Code section, a lessee or renter of the property under subsection subsections (d) or (e.l) of this Code section, or a purchaser of tangible services under subsection (f) of this Code section does not pay the tax imposed upon him to the retailer, lessor, or dealer who rents involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself and the commissioner, whenever he has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, les see, or renter shows that the retailer, lessor, or dealer who rents involved in the transac tion has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who rents involved."
Section 5. Said article is further amended by striking subsection (b) of Code Sec tion 48-8-49, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, and inserting in its place a new subsection (b) to read as follows:
"(b) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on his average monthly payments for the last fiscal year er his payment for the corresponding month ef the tot fiscal year. If the estimated tax liability of a

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dealer for any taxable period exceeds $2,500.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the tax able period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $2,500.00 per month for three consecutive months or more. No local sales taxes shall be included in determining any estimated tax liability."
Section 6. This Act shall become effective on July 1, 1990.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 119th moved that the House adopt the report of the Committee of Conference on HB 442.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck
Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch N Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Carrell Y Carter Y Chambless Y Chance
Y Cheeks

Y Childers
Clark.B Y Clark.H
Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M Y Davis.C
Davis.G N Davis,M Y Dixon.H Y Dixon.S
Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W N Foster
Godbee Y Goodwin Y Green Y Greene
Gresham N Griffin
Y Groover Y Hamilton
Manner

Y Harris
Y Hasty Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Kingston YLane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee
Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin
YMcCoy McDonald
Y McKelvey

McKinney,B
Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody YMorton
Moultrie N Mueller Y Oliver.C
Oliver,M YOrr Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Patten
Y Pettit Y Pinkston
NPoag Y Porter YPoston Y Powell
Randall Y Ransom
YRay Reaves Redding
Y Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith,T
Y Smith,W YSmyre YSnow Y Stancil.F Y StanciLS Y Stanley
YSteele Y Stephens
Y Streat Teper
Y Thomas.C Y Thomas,M
Thompson Y Thurmond Y Titus N Tolbert Y Townsend
YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L N Wall
Ware Y Watson Y Watts Y White
Wilder N Williams.B
Williams,J
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 141, nays 10. The motion prevailed.

HB 1381.

By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to pro vide for an extension of time for filing certain intangible property tax returns or other documents.

The following report of the Committee of Conference was read:

FRIDAY, MARCH 9, 1990

2931

COMMITTEE OF CONFERENCE REPORT ON HB 1381

The Committee of Conference on HB 1381 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1381 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ R. T. Phillips
Senator, 9th District
/s/ Frank A. Albert Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Kenneth W. Birdsong Representative, 104th District
/s/ Betty Aaron Representative, 56th District

/s/ Loyce W. Turner Senator, 8th District

/s/ Jack Kingston Representative, 125th District

A BILL
To amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the confidentiality of certain information contained on certain disclosure forms; to provide for an extension of time for filing certain intangible property tax returns or other documents; to provide for procedures; to provide for powers, duties, and authority of the state revenue commis sioner with respect to the foregoing; to change the level of tax liability below which certain intangible personal property tax returns shall not be required to be filed and below which certain intangible personal property taxes shall not be required to be paid; to change the tax rate applicable to certain intangible property; to provide for a definition; to provide for intangible taxation of instruments; to convert the intangible recording tax to a docu mentary tax; to provide for other matters relative to the foregoing; to provide for a refer endum; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, is amended by striking subsection (c) of Code Section 48-6-4, relating to the payment of real estate transfer tax, and inserting in lieu thereof a new sub section (c) to read as follows:
"(c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the inter est in the property granted, assigned, transferred, or otherwise conveyed. The disclosure shall be made on a form provided by the commissioner. The contents ef a disclosure made pursuant to tins Oode section snail DC confidential and snail not DC suojcct to inspection by any person other than authorized personnel ef appropriate tax administra-

Section 2. Said chapter is further amended by adding a new Code section providing for extension immediately following Code Section 48-6-26, to be designated Code Section 48-6-26.1, to read as follows:
"48-6-26.1. Notwithstanding any other provision of law to the contrary, the commis sioner shall grant, upon written request, an extension of four months for filing returns, declarations, or other documents required under this article whenever, in the reasonable exercise of his judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No such extension shall operate to delay the payment of a tax unless a bond satisfactory to the

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JOURNAL OF THE HOUSE,

commissioner is posted. The commissioner shall by rule and regulation provide for the administration of this Code section."
Section 3. Said chapter is further amended by striking paragraph (2) of subsection (e) of Code Section 48-6-27, relating to returns of intangible personal property for taxa tion, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $6.00 $20.00."
Section 4. Said chapter is further amended by striking Article 3 thereof, relating to intangible recording taxes, and inserting in lieu thereof a new Article 3 to read as fol lows:
"ARTICLE 3
48-6-60. As used in this article, the term: (1) 'Instrument' or 'security instrument' means any written document presented
for recording for the purpose of conveying or creating a lien or encumbrance on real estate for the purpose of securing a long-term note secured by real estate.
{i-) (2) 'Long-term note secured by real estate' means any note representing credits secured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than three years from the date of the note or from the date of any instrument executed to secure the note and con veying or creating a lien or encumbrance on real estate for such purpose.
{2} ^3j 'Short-term note secured by real estate' means any note which would be a long-term note secured by real estate were it not for the fact that the whole of the principal of the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note. 48-6-61. Every holder of a long-term note secured by real estate shall, within 90 days from the date of the instrument executed to secure the note, record the security instru ment in the county in which is located the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of superior court for recording, the security instrument to the tax collector or tax commissioner of the county in which the real estate is located. The tax collector or tax commissioner shall determine from the face of the security instru ment the date of execution of the instrument, the maturity date of the note, and the principal amount of the note. He shall collect from the holder ef- the long-term note eat
tftitt tuViuif ri*unmtn tnjrt <tfpfj-.CuAv lfo^r uf un/u*Viii tap?uCAuAvJf.\wf) t^j.f. if--ru"u-*ntinurnt *ni-i~u--ru^u/.if T^TfI 4u-Kiu** lfu^c^u^
amount ef the note secured by the security instrument. There is imposed on each instru ment an intangible recording tax at the rate of $1.50 for each $500.00 or fraction thereof of the face amount of the note secured by the recording of the security instrument. The tax collector or tax commissioner shall collect the tax due on the security instrument from the holder of the instrument. If the security instrument reflects an amount greater than the principal amount of the note and, at the time the security instrument is pre sented for recording, the holder of the note also presents for recording with the security instrument his sworn statement itemizing the principal amount of the note and the other charges included within the amount shown on the face of the security instrument, the tax collector or tax commissioner shall determine the principal amount of the note from the sworn statement. The maximum amount of any intangible recording tax pay able as provided in this Code section with respect to any single note shall be $25,000.00.
48-6-62. (a) (1) Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner shall enter upon or attach to the security instrument a certification that the intangible recording tax as provided by Code Section 48-6-61 has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commis sioner or his deputy. The holder of a long-term note security instrument upon which

FRIDAY, MARCH 9, 1990

2933

the tax has been paid as provided by this article may then present the security instru ment together with the certificate to the clerk of superior court of the county in which the real property is located, who may then file the security instrument for record. It is the intention of the General Assembly that the intangible tax levied by Code Sec tion 48-6-61 shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the real property instrument securing the note with the clerk of superior court and that the clerk shall not be permitted to file the instrument for record unless the security instrument discloses on its face the principal amount of the note, the date executed, the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that the tax has been paid on the note instrument. Presentation for recording of a sworn statement as to the principal amount of the note, as authorized in Code Section 48-6-61, shall suffice for purposes of permitting the filing of a security instrument which is in compliance with this para graph other than for the fact that the security instrument does not disclose the princi pal amount of the note.
(2) However, any instrument otherwise in a form sufficient for recording and actu ally recorded by the clerk of superior court shall constitute legal notice of the interest and title of the holder of the note in and to the real estate which, under the instru ment, secures a long-term note; and this paragraph shall apply even if the intangibles tax, interest, and penalty, if any, required by this article have not been paid.
(3) The certificate entered upon or attached to the security instrument shall be recorded with the security instrument, shall be in the form required by the commis sioner, and shall in each instance bear the signature of the tax collector or tax com missioner or his deputy. (b) In the case of a new note or modification of a preexisting note, when the instru ment securing the new note or modification is taxable under Code Section 48-6-61 and is secured by a previously recorded instrument which requires no further recording, the holder of the nete instrument, in lieu of recording a new or amended instrument as pro vided for in subsection (a) of this Code section, may elect alternatively to execute a sworn affidavit in the form required by the commissioner, which affidavit shall set forth the information required by Code Section 48-6-66. The holder of the note instrument shall present the sworn affidavit to the tax collector or tax commissioner of the county in which the real estate is located. The tax collector or tax commissioner shall collect from the holder the tax due under Code Section 48-6-61 and upon payment of the tax shall enter upon or attach to the affidavit the certification provided for in subsection (a) of this Code section. The certification shall evidence the payment of the required tax with respect to the new note instrument or modification.
"48-6-63. (a) Short-term notes secured by real estate shall be subject to ad valorem taxation at the rate prescribed for other intangible property in subsection (a) of Code Section 48-6-23.
(b) Nothing contained in this Code section shall be construed to require the payment of ad valorem taxes on short-term notes by any institutions exempted by Article 2 of this chapter.
48-6-64. (a) The tax required by this article to be paid on instruments securing long-term notes secured by real estate and the ad valorem tax required by this article to be paid on short-term notes secured by real estate shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this article by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property.
(b) Nothing contained in this Code section shall be construed to exempt any owner or holder of property taxed pursuant to this article from the payment of income taxes otherwise due on account of income derived from the property.
48-6-65. (a) No tax other than as provided for in this article shall be required to be paid on any instrument which is an extension, transfer, assignment, modification, or renewal of, or which only adds additional security for, any original indebtedness or part of original indebtedness secured by an instrument subject to the tax imposed by Code Section 48-6-61 when:

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JOURNAL OF THE HOUSE,

(1) It affirmatively appears that the tax as provided by this article has been paid on the original security instrument recorded; or
(2) The original note instrument or the holder of the original nete instrument was exempt from the tax provided for in Code Section 48-6-61 by virtue of any other law. (b) No tax shall be collected on that part of the face amount of a new instrument securing a long-term note secured by real estate which represents a refinancing by the original lender of unpaid principal on a previous instrument securing a long-term note secured by real estate if:
(1) All intangible recording tax due on the previous long-term note instrument has been paid or the previous long-term nete instrument was exempt from intangible recording tax; and
(2) (A) The new long-term note instrument contains a statement of what part of its face amount represents a refinancing of unpaid principal on the previous longterm note instrument; or
(B) The holder of the new long-term nete instrument submits an affidavit as to what part of the face amount of the new long-term nete instrument represents a refinancing of unpaid principal on the previous long-term nete instrument. 48-6-66. Every instrument conveying, encumbering, or creating a lien upon real estate shall set forth in words and figures the correct amount of the note secured by the instrument and the date upon which the note falls due. When the note falls due within three years from the date of the note or from the date of any instrument exe cuted to secure the note, a statement of that fact in lieu of specifying the date upon which the note falls due may be made in the security instrument and shall constitute sufficient compliance with this Code section. The inclusion in the instrument of a provi sion that the instrument secures all other indebtedness then existing or thereafter incurred shall not require the setting forth in the instrument of existing indebtedness for loans not made on the security of the instrument.
48-6-67. (a) It shall be unlawful for any person willfully to violate Code Section 48-6-66.
(b) Any person who violates Code Section 48-6-66 shall be guilty of a misdemeanor.
48-6-68. Any seller of real estate who retains title to the real estate as security for the purchase price and who does not convey title to the purchaser or take back a deed to secure debt shall execute and deliver to the purchaser a bond for title which shall correctly set forth the unpaid portion of the purchase price and the maturity of the indebtedness. If any part of the purchase price falls due more than three years from the date of the instrument, the seller shall have the instrument recorded before delivery of the bond for title in the county where the land is located and shall pay the tax required by this article for the recording of the instrument.
48-6-69. (a) If any instrument required to be recorded by this article conveys, encumbers, or creates a lien upon real property located in more than one county, the tax imposed by this article shall be paid to the tax collector or tax commissioner of the county in which the instrument is first recorded. When the certificate of the tax collec tor or tax commissioner acknowledging that the tax imposed by Code Section 48-6-61 has been paid has been entered on the security instrument, such instrument may there after be recorded in any other county of this state without payment of any further tax.
(b) If any instrument conveying, encumbering, or creating a lien on real property located within and outside this state as security for a long-term note is held by a nonres ident of this state when presented for recording pursuant to this article, the tax required by this article shall be that proportion of the tax which would otherwise be required under this article that the value of the real property within this state bears to the total value of all the real property within and outside this state as described in the instru ment. All such values shall be certified under oath by the holder presenting the instru ment for recording.
48-6-70. Every resident holder of an instrument securing a long-term note secured by real property located outside of this state including, but not limited to, domestic corpo rations and foreign corporations having their principal places of business in this state shall file, in lieu of recording the instrument securing any such note, at such periodic

FRIDAY, MARCH 9, 1990

2935

intervals as the commissioner by regulation may designate2 a memorandum of the instru ment with the commissioner on forms prescribed by the commissioner. At the same time as the memorandum is filed, the holder of the note instrument shall pay to the commis sioner the amount of the tax required by this article with respect to the instrument. The revenue from each instrument shall be distributed to the state, counties, and municipali ties as if the real property securing the instrument were located in the county of the domicile of the taxpayer or, if the taxpayer is a corporation, in the county of the princi pal place of business of the taxpayer.
48-6-71. The commissioner upon his own motion or upon the written request of one or more holders of instruments securing notes secured by real property instruments shall render publicly and in writing his determination of whether the intangible recording tax provided in this article is payable with respect to a particularly described real property instrument or class of real property instruments or modifications of such instruments. The determination may be in the form of administrative regulations if applicable to a class of real property instruments. A copy of all such determinations shall be retained in the files of the department as a permanent and public record. Nonpayment of the tax provided for in this article, with respect to a real property instrument filed for record, in reliance upon a determination rendered by the commissioner pursuant to this Code section shall not constitute a bar, as provided in Code Section 48-6-77, to the col lection of the indebtedness secured by any such instrument.
48-6-72. The intangible recording tax imposed by Code Section 48-6-61 upon instru ments securing long-term notes secured by real property shall be collected by the tax collector or tax commissioner of each county and he shall make the distributions as pro vided in Article 2 of this chapter.
48-6-73. Each tax collector and tax commissioner shall make a report to the commis sioner on the first day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. Each report shall additionally show the principal amount of each note, the date of execution, and the maturity date of each note as stated on the face of the security instrument to be recorded. The tax collector or tax commissioner shall retain 6 percent of the tax col lected as compensation for his services in collecting the tax. All such taxes shall be deemed to have been collected by the tax collector or tax commissioner in his official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the tax collector or tax commis sioner. In each county in which the tax collector or tax commissioner is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county trea sury and shall become county property. The long-term notes secured by real property upon which this tax is imposed based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distri bution of this tax by the tax collector or tax commissioner shall be the only compensa tion permitted to any tax collector or tax commissioner with respect to this tax. In counties having a population of more than 300,000, according to the United States decennial census of 1970 or any future such census, however, the commission allowed under this article as compensation to the tax collector or tax commissioner shall be 4 percent.
48-6-74. All revenues derived from the intangible recording tax imposed by this arti cle including, but not limited to, revenues from any imposition of the tax upon intangi ble trust property shall be distributed among the state, county, and municipality in which the real property is located in the same proportion that revenues derived from the intangible personal property tax imposed by Article 2 of this chapter are distributed. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties.
48-6-75. In the event the tax collector or tax commissioner required to collect the tax imposed by Code Section 48-6-61 is temporarily absent from his office for reasons of health, vacation, or otherwise, he shall designate the clerk of superior court or other

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qualified person as his deputy to be on duty to collect the intangible recording tax in his absence. In the event of the death of the tax collector or tax commissioner, the county governing authority shall immediately designate the clerk of superior court or other qualified person to collect the tax until a new tax collector or tax commissioner qualifies for the position as required by law.
48-6-76. (a) If a taxpayer files with the tax collector or tax commissioner at the time of payment of tax as provided in Code Section 48-6-61 a written protest in dupli cate of the collection or any part of the collection of the tax as erroneous or illegal, the tax collector or tax commissioner receiving the payment under written protest shall be deemed to have made a conditional collection of the protested amount of the payment. Each protested collection shall be effective to discharge any duty of the taxpayer to pay the tax and to require the tax collector or tax commissioner to enter upon or attach to the instrument securing the obligation upon which the tax is claimed to be due a certifi cation in the form prescribed in Code Section 48-6-62 of the fact that the intangible recording tax as provided by Code Section 48-6-61 has been paid. Each collection as pro vided in this Code section shall be subject to the conditions set forth in this article as to refund upon determination by the commissioner or by final judgment in a refund action that the collection was erroneous or illegal.
(b) A tax collector or tax commissioner receiving a payment under written protest shall deposit the protested amount of the payment in a separate account in a bank approved as a depository for state funds, shall hold the protested amount as a special escrow fund for the purposes provided in this article, and, except as provided in this Code section, shall not distribute the amount under Code Section 48-6-74 or retain from the amount or pay into the county treasury any commission under Code Section 48-6-73. Immediately upon receiving a payment under written protest, the tax collector or tax commissioner shall forward to the commissioner one executed copy of the protest.
(c) The taxpayer making a payment under written protest may file at any time within 30 days after the date of the payment a claim for refund of the protested amount of the payment with the commissioner. Each claim shall be in writing, shall be in the form and contain such information as the commissioner requires, and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of the amount was erroneous or illegal. A copy of the claim shall be filed by the taxpayer within the 30 day period with the tax collector or tax commissioner or his successor who collected the protested amount.
(d) The commissioner shall consider the claim for refund and shall approve or deny it and shall notify the taxpayer and the tax collector or tax commissioner or his succes sor who collected the protested amount of his action. If the commissioner approves the claim in whole or in part, the tax collector or tax commissioner or his successor shall forthwith pay to the taxpayer the amount so approved, without interest, from the special escrow fund held by him, and no appropriation or further authorization shall be neces sary to authorize and require the payment to the taxpayer from the special escrow fund.
(e) (1) Any taxpayer whose claim for refund is denied entirely or in part by the commissioner or with respect to whose claim no decision is rendered by the commis sioner within 30 days from the date of filing the claim shall have the right to bring an action for refund of the amount so claimed and not approved against the tax col lector or tax commissioner or his successor who collected the amount, in his official capacity, in the superior court of the county whose official collected the amount.
(2) No action for refund shall be brought after the expiration of 60 days from the date of denial of the taxpayer's claim for refund by the commissioner.
(3) For the purposes of this Code section, a failure by the commissioner to grant or deny the taxpayer's claim for refund within the 30 day period shall not constitute a constructive denial of the claim.
(f) The commissioner in his official capacity shall be made a party defendant to each action for refund in order that the interests of the state may be represented in the action, and the Attorney General shall represent the defendants in each action. If it is determined in the action that the amount claimed by the taxpayer was erroneously or illegally collected from the taxpayer, the taxpayer shall be entitled to judgment against

FRIDAY, MARCH 9, 1990

2937

the defendant county tax official in his official capacity for the amount erroneously or illegally collected, without interest to the date of judgment. Court costs charged against the defendant in such an action and any interest payable on a judgment in favor of the taxpayer in such an action for a period before the judgment becomes final shall be paid by the commissioner as part of the expenses of administering this article. The principal amount of a final judgment in favor of the taxpayer in such an action, exclusive of court costs, shall be paid forthwith to the taxpayer by the defendant county tax official from the special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require the payment of a judgment from the special escrow fund.
(g) (1) Upon expiration of the period for filing a claim for refund of a protested payment without any claim being filed, upon expiration of the period for filing an action for refund of a protested payment without any action being filed, upon dismis sal of such an action, or upon final judgment in such an action, whichever event occurs first, the tax collector or tax commissioner holding the protested amount in a special escrow fund shall retain from that portion of the amount which is not payable to the protesting taxpayer or shall pay into the county treasury, as provided in Code Section 48-6-73, the percentage of such portion which is allowed by Code Section 48-6-73 as compensation for his services in collecting the tax.
(2) The balance of the portion after the deduction provided in paragraph (1) of this subsection shall be distributed as provided in Code Section 48-6-74 with respect to revenues derived, for the year during which the amount was paid by the taxpayer, from the intangible recording tax imposed by this article. 48-6-77. (a) Failure to pay the tax levied by this article shall constitute a bar to the collection by any action, foreclosure, the exercise of any power of sale, or otherwise of the indebtedness secured by any instrument required by this article to be recorded, whether the instrument is held by an original party to the instrument or by a transferee. The bar may be removed by the payment of the required tax, plus interest at the rate specified in Code Section 48-2-40 from the time the tax was due, plus a penalty of 50 percent of the amount of the tax. (b) The failure to pay the tax shall not constitute a bar to the collection of the indebtedness as provided in subsection (a) of this Code section when the commissioner has determined that the tax is not payable. (c) The commissioner may waive the penalty provided for in subsection (a) of this Code section if he determines that the failure to pay the tax was through ignorance of the law or inadvertence and that the failure did not occur out of bad faith. (d) This Code section shall not apply to instruments acquired at a time when the holder of the note or instrument was otherwise exempt from the payment of the tax imposed by this article."
Section 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that referendum on the date of and in con junction with the November, 1990, state-wide general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in this state once a week for two weeks immediately preceding the date of the ref erendum. The ballot shall have written or printed thereon the following:
"( ) YES Shall the Act be approved which raises from $5.00 to $20.00 the threshold below which no intangible tax liability is incurred and no
( ) NO intangible tax return need be filed?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 3 of this Act shall become effective on January 1, 1991, and shall apply to all tax years beginning on or after that date. If Section 3 of this Act is not so approved or if the election is not conducted as provided in this section, then Section 3 of this Act shall be void and shall be automati cally repealed on January 1 immediately following that election date.

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appointed member should vacate the office prior to the fulfillment of his term, the appropriate appointing official shall appoint someone to serve out that term.
(d) Immediately upon the passage and approval of this article, the members of the authority shall enter upon their duties. The authority shall elect its own officers. Six Eight members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority.
(e) The members of the authority shall be entitled to and shall be reimbursed for their expenses such mileage and per diem as allowed by law to members of the General Assembly.
(f) The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of any contracts existing under this article."
Section 2. Said article is further amended by striking Code Section 12-8-112.1, relating to state policy regarding the Georgia Hazardous Waste Management Authority, and inserting in its place a new Code Section 12-8-112.1 to read as follows:
"12-8-112.1. It is the policy of the State of Georgia to encourage generators of haz ardous waste to minimize to the greatest extent possible the amount of hazardous waste which requires treatment, storage, or disposal through reuse, recycling, source substitu tion, treatment, and other methods; . and th The authority shall promote hazardous waste minimization efforts among generators of hazardous waste and shall work with the department to encourage hazardous waste minimization. The authority is authorized to charge for the use of its facilities and its services so as to further this policy."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates
Beck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford

YByrd
Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark,L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis.C
Davis.G Y Davis,M Y Dixon.H
Y Dixon.S YDobbs Y Dover Y Dunn Y Edwards Y Ehrhart

Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee Y Goodwin
Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton Y Manner Y Harris Y Hasty Y Heard
Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W Y Jamieson

Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee
Y Under YLong YLord Y Lucas Y Lupton Y Mangum
Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie

Y Mueller Oliver.C
Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom YRay
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y SmithJL

FRIDAY, MARCH 9, 1990

2839

Y Smith,? Smith,T
Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil,S

Y Stanley Y Steele
Y Stephens Y Streat Y Teper Y Thomas,C Y Thomas,M

Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan

Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts

Y White
Y Wilder Williams.B Williams,J
Y Yates Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 1179. By Representatives McKinney of the 40th, Sinkfield of the 37th, McKinney of the 35th, Hanner of the 131st, Benn of the 38th and others:
A resolution designating March 1 to April 1, 1990, as "Census Month in the State of Georgia".

HR 1180. By Representative Thomas of the 31st: A resolution expressing regret at the passing of Michael Anthony Strickland.

HR 1181. By Representatives Williams of the 48th, Murphy of the 18th, Connell of the 87th, Richardson of the 52nd, Lawrence of the 49th and Isakson of the 21st:
A resolution commending Robert Lavale Turknett.

HR 1182. By Representative Bailey of the 72nd:
A resolution expressing congratulations to Mr. and Mrs. Claude L. Sharp on the occasion of their 50th wedding anniversary.

HR 1183. By Representatives Lawrence of the 49th, Williams of the 48th and Morton of the 47th:
A resolution commending the Tucker High School athletic teams.

HR 1184. By Representatives McKinney of the 40th, Thomas of the 31st, Davis of the 29th, Benn of the 38th, McKinney of the 35th and others:
A resolution commending the Reverend Samuel Leon Harris.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:

SB 509. By Senator Howard of the 42nd:
A bill to amend Code Section 15-11-81 of the Official Code of Georgia Anno tated, relating to grounds for the termination of parental rights, so as to pro vide that the court, in determining whether a child is without proper parental care and control, shall consider evidence of past egregious conduct of the parent toward the child or toward another child and evidence of past physical, mental, or emotional neglect of the child or of another child by the parent.

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(c) If matter that the Commissioner seeks to obtain by request is located outside the state, the person so requested may make it available to the Commissioner or his repre sentative to examine the matter at the place where it is located. The Commissioner may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from offi cials of other states.
(d) (1) The Commissioner may request that an individual who refuses to comply with any such request be ordered by the superior court to provide the testimony or matter. The court shall not order such compliance unless the Commissioner has dem onstrated to the satisfaction of the court that the testimony of the witness or the mat ter under request has a direct bearing on the commission of a fraudulent insurance act or is pertinent or necessary to further such investigation.
(2) Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter after asserting a privilege against self-incrimination, to which he is entitled by law, may not be subjected to a criminal proceeding or to a civil penalty with respect to the act concerning which he is required to testify
or produce relevant matter. (3) In the absence of fraud or bad faith, a person is not subject to civil liability
for libel, slander, or any other relevant tort by virtue of filing reports, without malice, or furnishing other information, without malice, required by this Code section or
required by the Commissioner under the authority granted in this Code section, and no civil cause of action of any nature shall arise against such person:
(A) For any information relating to suspected fraudulent insurance acts fur nished to or received from law enforcement officials, their agents, or employees;
(B) For any such information relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of this title;
or (C) For any such information furnished in reports to the Commissioner or the
National Association of Insurance Commissioners. (4) The Commissioner or any employee or agent, is not subject to civil liability for
libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties of the
Commissioner under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties of the Commissioner under this Code sec
tion. (5) This Code section does not abrogate or modify in any way any common law
or statutory privilege or immunity heretofore enjoyed by any person. (e) The papers, documents, reports, or evidence relative to the subject of an investi
gation under this Code section shall not be subject to public inspection for so long as the Commissioner deems reasonably necessary to complete the investigation, to protect
the person investigated from unwarranted injury, or to be in the public interest. Further, such papers, documents, reports, or evidence relative to the subject of an investigation
under this Code section shall not be subject to subpoena until opened for public inspec tion by the Commissioner, unless the Commissioner consents, or until, after notice to the
Commissioner and a hearing, a superior court determines the Commissioner would not be unnecessarily hindered by such subpoena. The Commissioner or his employees or
agents shall not be subject to subpoena in civil actions by any court of this state to tes tify concerning any matter of which they have knowledge pursuant to pending investiga
tions of fraudulent insurance acts. (f) Any person, other than an insurer, agent, or other person licensed under this title,
or an employee thereof, having knowledge of or who believes that a fraudulent insurance act is being or has been committed may send to the Commissioner a report of informa
tion pertinent to such knowledge of or belief and such additional information relative thereto as the Commissioner may request. Any insurer, agent, or other person licensed
under this title, or an employee thereof, having knowledge of or who believes that a fraudulent insurance act is being or has been committed shall send to the Commissioner
a report or information pertinent to such knowledge or belief and such additional infor mation relative thereto as the Commissioner or his employees or agents may require.

FRIDAY, MARCH 9, 1990

2941

The Commissioner or his employees or agents shall review such information or reports as, in the judgment of the Commissioner or such employees or agents, may require fur ther investigation. The Commissioner shall then cause an investigation of the facts sur rounding such information or report to be made to determine the extent, if any, to which a fraudulent insurance act is being committed and shall report any alleged viola tions of law which the investigations disclose to the appropriate prosecuting attorney having jurisdiction with respect to any such violation. If prosecution by the prosecuting attorney is not begun within 90 days of the report, the prosecuting attorney shall inform the Commissioner of the reasons for the lack of prosecution.
(g) Personnel employed by the Commissioner under this Code section shall have the power to make arrests for criminal violations established as a result of investigations only. The general laws applicable to arrests by peace officers of this state shall also be applicable to such personnel. Such personnel shall have the power to execute arrest war rants and search warrants for the same criminal violations; to serve subpoenas issued for the examination, investigation, and trial of all offenses determined by their investiga tions; and to arrest upon probable cause without warrant any person found in the act of violating any of the provisions of applicable laws. Personnel empowered to make arrests under this Code section shall be empowered to carry firearms or other weapons in the performance of their duties. It is unlawful for any person to resist an arrest authorized by this Code section or in any manner to interfere, either by abetting or assisting such resistance or otherwise interfering, with personnel employed by the Com missioner under this Code section in the duties imposed upon them by law."
Section 2. Said Title 33 is further amended by adding immediately following Code Section 33-34-16, relating to reductions in premiums for motor vehicle insurance policies and defensive driving courses, three new Code sections to read as follows:
"33-34-16.1. (a) For each personal or family-type policy of motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after July 1, 1990, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, bodily injury, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver:
(1) Is unmarried; (2) Is enrolled as a full-time student in:
(A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; and (3) Is an honor student because the scholastic records for the immediately preced ing quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll.'
(b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan.
(c) An insurer shall not be required to offer the premium reduction provided in sub section (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses:
(A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40;

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(B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or
(C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from. 33-34-16.2. (a) As used in this Code section, the term 'good driver' means a person who holds a valid driver's license and who, within the three years immediately preceding the date of an application for private passenger motor vehicle insurance or any renewal of such insurance, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle, has successfully completed a defensive driving course as provided in Code Section 33-34-16, and has had no claims based on fault against an insurer. (b) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for cov erages provided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. 33-34-16.3. It is specifically intended that the discounts provided for in Code Sec tions 33-34-16.1 and 33-34-16.2 shall be provided by the insurer to any person who qual
ifies for such discounts."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dunn of the 73rd moved that the House adopt the report of the Com mittee of Conference on SB 662.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford
YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance
Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell Y Couch Y Crawford
Y Crosby Y Cummings.B
Y Cummings,M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Hanner

Y Harris Y Hasty
Y Heard Y Herbert
Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston
Y Lane.D Y Lane,R Y Langford
Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald
Y McKelvey

On the motion, the ayes were 163, nays 0.

McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley
Y Moody YMorton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Y Orrock Y Padgett Y Pannell Y Parham Y Parrish
Y Patten Y Pettit Y Pinkston
YPoag Y Porter Y Poston Y Powell YRandall
Y Ransom YRay
Reaves Redding
Y Richardson Y Ricketson Y Robinson
Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T Y Smith.W
YSmyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Steele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams.J
Y Yates Y Yeargin
Murphy,Spkr

FRIDAY, MARCH 9, 1990

2943

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1512.

By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd, Simpson of the 70th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the pro visions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.

The following Senate amendment was read:

Amend HB 1512 by inserting after the word and symbol "penalties;" on line 6 of page 1 the following:
"to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to provide for certain limited circum stances in which ships containing gambling devices may transit the state's territorial waters and dock in a Georgia port; to exempt amusement machines and coin operated games from the prohibitions of this chapter; to".
By inserting between lines 18 and 19 of page 2 the following:
"Section 2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding a new Code Section 16-12-24.1 to read as follows:
'16-12-24.1. No ship which contains any gambling device shall transit the territorial waters of this state or dock in a Georgia port unless any and all gambling devices on such ship are made completely inaccessible to the passengers and crew of such ship and removed from or covered from the sight of such passengers and crew prior to such ship's entering the territorial waters of this state, and until such ship exits the territorial waters of this state; and no gambling is permitted on such ship at any time while such ship is in the territorial waters of this state or docked in a port of this state; and no such gambling device may be removed from such ship at any Georgia port.'"
"Section 3. Nothing in this part shall apply to a coin operated game or device designed and manufactured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with merchandise limited to noncash prizes, toys, and novelties, each of which has a wholesale value of not more than ten times the cost charged to play the game or device or $5.00, whichever is less. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code."
By renumbering Section 2 as Section 4.

The following amendment was read and adopted:

Representative Pettit of the 19th moves to amend the Senate amendment to HB 1512 by striking in their entirety lines 9, 10, and 11 on page 1, which read as follows:
"dock in a Georgia port; to exempt amusement machines and coin operated games from the prohibitions of this chapter; to",
and inserting in lieu thereof the following:

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"dock in a Georgia port; to".
By striking in their entirety lines 3 through 14 on page 2, which read as follows:
"Section 3. Nothing in this part shall apply to a coin operated game or device designed and manufactured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with merchandise limited to noncash prizes, toys, and novelties, each of which has a wholesale value of not more than ten times the cost charged to play the game or device or $5.00, whichever is less. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code."
By striking from line 15 of page 2 the following:
"Section 4",
and inserting in lieu thereof the following:
"Section 3".

Representative Pettit of the 19th moved that the House agree to the Senate amendment, as amended by the House, to HB 1512.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Baker Balkcom Y Bannister N Barfoot Bargeron Y Barnett,B Y Barnett,M N Bates Beck Y Benefield Y Benn
Birdsong Y Bishop
Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck N Buford NByrd N Campbell N Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H N Clark,L Y Coleman Y Colwell
Connell Y Couch
Y Crawford Y Crosby N Cummings.B
Cummings,M
Y Davis,C Y Davis.G
N Davis.M Y Dixon,H N Dixon,S NDobbs
Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Hanner

N Harris
Y Hasty
Heard N Herbert Y Holcomb N Holland N Holmes
Y Hooks Y Howren N Hudson Y Irwin
Isakson
Y Jackson,J N Jackson.W
N Jamieson N Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D YLane.R Y Langford N Lawrence Y Lawson
YLee N Linder YLong YLord
Lucas N Lupton Y Mangum N Martin
N McCoy McDonald
Y McKelvey

On the motion, the ayes were 114, nays 37. The motion prevailed.

McKinney.B N McKinney.C
Y Meadows Milam
Y Mobley N Moody YMorton
Y Moultrie Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Y Pannell YParham Y Parrish
Patten Y Pettit
Pinkston YPoag N Porter NPoston Y Powell YRandall N Ransom
NRay N Reaves Y Redding Y Richardson Y Ricketson Y Robinson N Royal YSelman Y Simpson N Sinkfleld

Y Smith,!, Y Smith.P N Smith,T Y Smith,W
Smyre YSnow N Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert N Townsend
Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson
Watts Y White Y Wilder N Williams,B
Williams,J
Y Yates Y Yeargin
Murphy ,Spkr

Representative Adams of the 79th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

FRIDAY, MARCH 9, 1990

2945

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1617.

By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juve nile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1617

The Committee of Conference on HB 1617 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1617 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Ed Barker is/ Parker 15th /s/ Arthur Langford, Jr.

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Richardson, 52nd /s/ Groover --99 /s/ Lawson 9th

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to allow the juvenile courts of Georgia to col lect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees; to amend Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relat ing to programs and protection for children, so as to change the provisions relating to membership of the Juvenile Justice Coordinating Council and duties of that council; to change the provisions that provide for county assessment of youth needs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, is amended by adding following Code Section 15-11-56 a new Code Section 15-11-56.1 to read as follows:
"15-11-56.1. (a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand the provi sion of the following types of ancillary services:
(1) Housing in nonsecure facilities that meet the requirements of Code Section 15-11-20;
(2) Educational services, tutorial services, or both;

2946

JOURNAL OF THE HOUSE,

(3) Counseling and diagnostic testing; (4) Transportation to and from court ordered services; (5) Restitution programs; and (6) Job development or work experience programs. (b) The juvenile court may order each delinquent or unruly child who receives super
vision under Code Section 15-11-14, paragraph (2) or (5) of subsection (a) of Code Sec tion 15-11-35, or Code Section 15-11-36 to pay:
(1) An initial court supervision user's fee of not less than $5.00 nor more than $100.00; and
(2) A court supervision user's fee of not less than $1.00 nor more than $15.00 for each month that the child receives supervision to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-56. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the juvenile. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county sup plemental juvenile services fund. The governing authority of the county shall appropri ate moneys from the county supplemental juvenile services fund to the juvenile court
for the court's discretionary use in providing supplemental community based services described in this subsection to juvenile offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other fund ing of services.
(c) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the Department of Human Resources."
Section 2. Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children, is amended by striking subsection (a) of Code Section 49-5-132, creating the Juvenile Justice Coordinating Council, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Juvenile Justice Coordinating Council which shall consist
of 20 21 members as follows: (1) T-h chairman A representative designated by the presiding judge of the Coun
cil of Juvenile Court Judges, a representative designated by the Chief Justice of the Supreme Court of Georgia, a representative designated by the chairman of the Prose cuting Attorneys' Council, a representative designated by the chairman of the Crimi nal Justice Coordinating Council, and the director of the Division of Youth Services shall be members of the council, as full voting members of the council by reason of their office or designation;
(2) One member shall be appointed by the Lieutenant Governor, one member shall be appointed by the Speaker of the House, and two members shall be appointed by
the Chief Justice of the Supreme Court of Georgia; and the term of each of these members shall be fixed by the officer making the appointment; and
(3) Twelve members shall be appointed by the Governor for terms of four years, with their initial appointments, however, being four for four-year terms, four for three-year terms, and four for two-year terms. These appointments shall be made so that there are always on the council the following persons: representatives from the law enforcement community, local elected officials, three individuals under 24 years of age at the time of appointment who have previously been under the jurisdiction of the juvenile justice system, and individuals from private business and advocacy organiza tions who have an interest in juvenile delinquency, its prevention, and communitybased community based alternatives, selected to provide a balanced perspective."

FRIDAY, MARCH 9, 1990

2947

Section 3. Said article is further amended by striking Code Section 49-5-154, relating to the study of youth needs, in its entirety and inserting in lieu thereof a new Code Sec tion 49-5-154 to read as follows:
"49-5-154. The governing authority of each participating county shall conduct or arrange for a study of youth needs in the county, giving particular attention to the need for delinquency prevention programs and community-baaed community based services, residential or nonresidential, which would provide an alternative to commitment to a state detention facility the Division of Youth Services of the Department of Human Resources and placement in a youth development center or any other secure institution. The governing authority of the county may delegate the responsibility for the study to any appropriate board or department of county government or it may contract with an appropriate private agency or group for the study. Adjoining counties may cooperate in conducting such study on a regional basis, utilizing appropriate public or private resources. The governing authority ol the county may request technical assistance from the council in conducting such study. Each participating county shall develop a study plan for submission to the council by July i^ 1988. Each participating county shall plan for a continuing assessment of youth needs in the county or region with annual reports to the council."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Richardson of the 52nd moved that the House adopt the report of the Committee of Conference on HB 1617.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Adams
Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell
Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings.M Y Davis.C Y Davis.G
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton
Hanner

Harris
Y Hasty Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore
Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton
Y Mangum Y Martin Y McCoy
McDonald
Y McKelvey

On the motion, the ayes were 161, nays 0. The motion prevailed.

McKinney.B McKinney.C Y Meadows Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit
Y Pinkston YPoag Y Porter Y Poston Y Powell YRandall Y Ransom YRay Y Reaves
Redding Y Richardson Y Ricketson
Y Robinson Y Royal Y Selman Y Simpson Y Sinkfield

Y Smith,L Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y StanciLS Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y WiUiams,B
WiUiams,J
YYates
Y Yeargin
Murphy,Spkr

2948

JOURNAL OF THE HOUSE,

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:

SB 714. By Senator Barnes of the 33rd:
A bill to amend Article 2 of Chapter 5 of Title 12, the "Georgia Water Qual ity Control Act," so as to provide for water quality standards for certain lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply.

The following Senate amendment was read:

Amend the House substitute to SB 714 by striking the word "and" from line 17 of page 2 and by striking the period in line 19 of page 2 and inserting in its place the symbol and word "; and".
By adding after line 19 of page 2 the following new subparagraph (F) of paragraph (1) of subsection (c) of O.C.G.A. 12-5-23.1:
"(F) Dissolved oxygen in the epilimnion during periods of thermal stratification."

Representative Alford of the 57th moved that the House agree to the Senate amend ment to the House substitute to SB 714.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark.L Y Coleman Y Colwell Y Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis,M Y Dixon,H
Y Dixon,S Dobbs Dover
YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner

Y Harris Y Hasty
Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Under
YLong YLord
Lucas Lupton Y Mangum Y Martin YMcCoy McDonald Y McKelvey

On the motion, the ayes were 157, nays 1. The motion prevailed.

N McKinney.B McKinney,C
Y Meadows
Milam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith.L Y Smith.P Y Smith.T
Y Smith.W YSmyre YSnow
Stancil,F Y StanciLS Y Stanley
YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M
Thompson Y Thurmond Y Titus Y Tolbert
Townsend Y Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,,) Y Yates Y Yeargin
Murphy ,Spkr

FRIDAY, MARCH 9, 1990

2949

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the juris diction, powers, duties, authority, and control of the Public Service Commis sion shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the con struction and operation of rapid rail passenger service lines generally.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1763

The Committee of Conference on HB 1763 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1763 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Arthur B. Edge, IV
Senator, 28th District
/s/ Albert J. Scott Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES: ^ A1, _, Dean Alford Representative, 57th District
/s/ Hugh Boyd pettit m Representative, 19th District

/s/ J. Tom Coleman, Jr. Senator, 1st District

/s/ Roy H. Watson, Jr. Representative, 114th District

A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, so as to change the amount and time of payment of certain special fees paid by corporations and utilities subject to jurisdiction of the Public Service Commission; to change certain residency requirements with respect to the qualifications of special officers for the protection of railroad property; to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons or private companies operating such lines in this state; to provide an exception; to define a certain term; to require a person to obtain a permit from the Public Service Commission prior to the operation of a rapid rail passenger service line; to authorize the Public Service Commission to promulgate rules and regulations with respect to applications for permits and the establishment of guidelines and standards which an applicant must comply with prior to being issued a permit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, is amended by striking subsections (a) and (b) of Code Sec tion 46-2-10, relating to payment of a special fee by corporations and utilities subject to jurisdiction of the Public Service Commission, and inserting in their place new subsections (a) and (b), respectively, to read as follows:
"(a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to

2950

JOURNAL OF THE HOUSE,

all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value of its property, as ascertained by the last preceding state tax assessment, and shall be appor tioned among such public service corporations or utilities upon the basis of such valua tion so as to produce a revenue of $860,000.00 $1,050,000.00 per annum.
(b) (1) Not later than December 1 ef each year, 1990, the state revenue commis sioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20 ef the following yea* i 1991. Such sum of $850,000.00 $1,050,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission.
(2) Effective January l^ 1991, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1,050,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission."
Section 2. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 46-2-20, relating to the jurisdiction of the Public Service Commis sion generally, and inserting in lieu thereof new subsections (a) and (d) to read as follows:
"(a) Except as otherwise provided by law, the commission shall have the general supervision of all common carriers, express companies, railroad or street railroad compa nies, dock or wharfage companies, terminal or terminal station companies, telephone and telegraph companies, and gas or electric light and power companies, and persons or pri vate companies who operate rapid rail passenger service lines within this statej provided, however, that nothing in this subsection shall be deemed to extend the jurisdiction of the commission to include the operations of the Metropolitan Atlanta Rapid Transit Authority created in an Act approved March 10, 1965 (Ga. L. 1965, rj. 2243), as amended."
"(d) The commission may require common carriers and persons or private companies who operate rapid rail passenger service lines to publish their schedules in newspapers of towns through which their lines extend, in such manner as may be reasonable and as the public convenience demands."
Section 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 46-8-232, relating to qualifications of special officers for the protection of railroad property, and inserting in its place a new subsection (a) to read as follows:
"(a) Every special officer appointed and commissioned under this article shall be a resident of the state United States and of good character. Every such officer shall be required to post a good and sufficient bond payable to the State of Georgia in the sum of $1,000.00, conditioned on the faithful performance of his duties."
Section 4. Said title is further amended by adding between Chapters 8 and 9 a new Chapter 8A to read as follows:
"CHAPTER 8A
46-8A-1. As used in this chapter, the term 'person' means any corporation, company, firm, association, or individual operating a public rapid rail passenger service line in this state, provided that said term shall not include any public corporation or governmental entity.
46-8A-2. Except as provided in Code Section 46-8A-4, no person shall operate any rapid rail passenger service line or system or any extension thereof in this state without first obtaining a permit from the Public Service Commission. The commission shall grant a permit to any person who complies with the guidelines and standards established by the commission.
46-8A-3. The application for any permit provided for in Code Section 46-8A-2 shall be made under such rules and regulations as the commission may from time to time pre scribe. Upon the receipt of any such application for such permit, the commission shall

FRIDAY, MARCH 9, 1990

2951

cause notice thereof to be given by mail or by personal service to the chief executive officer of the municipalities affected, if any, and shall publish such notice once a week for three consecutive weeks in a newspaper of general circulation in each county affected.
46-8A-4. This Code section shall not be construed to require any person to secure a permit for an extension of a rapid rail passenger service line or system into territory contiguous to that already served by that person and not receiving similar service from another person if no permit has been issued to or applied for by any other person."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Alford of the 57th moved that the House adopt the report of the Com mittee of Conference on HB 1763.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Abernathy
Y Adams Y Aiken Y Alford
Y Alien Y Athon Y Atkins
Y Bailey Y Baker Y Balkcora Y Bannister Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield Y Benn
Birdsong Y Bishop Y Bostick Y Branch Y Breedlove
N Brooks Y Brown
YBuck Y Buford
YByrd Y Campbell
Y Carrell Y Carter
Cham bless Y Chance
Y Cheeks

Y Childers Clark.B
Y Clark.H Y Clark,L
Coleman Y Colwell
Connell
Y Couch Y Crawford
Crosby
Y Cummings.B Cummings.M
Y Davis.C N Davis.G
Y Davis.M N Dijon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover
Y Hamilton Y Hanner

Y Harris Y Hasty
Heard Y Herbert Y Holcomb
Y Holland Holmes
N Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J
Jackson,W Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R Y Langford
Y Lawrence Y Lawson
YLee Y Under YLong YLord
Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey

N McKinney.B N McKinney.C N Meadows YMilam Y Mobley Y Moody YMorton y Moultrie
Y Mueller Oliver.C Oliver.M
YOrr Orrock
Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom
YRay Y Reaves N Redding
Y Richardson Y Hicketson Y Robinson Y Royal Y Selman Y Simpson
Y Sinkfield

Y Smith,L Smith,P
N Smith.T Y Smith,W Y Smyre
YSnow Y Stancil,F
Y Stancil,S Stanley
YSteele Y Stephens
Y Streat Y Teper Y Thomas,C N Thomas,M Y Thompson Y Thurmond
Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan
Y Waddle Y Walker.C Y Walker.L N Wall
Ware Y Watson Y Watts N White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 143, nays 14. The motion prevailed.

HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commis sion, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

2952

JOURNAL OF THE HOUSE,

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1521

The Committee of Conference on HB 1521 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1521 be adopted.

Respectfully submitted,

FOR THE SENATE: J. Nathan Deal Senator, 49th District
/s/ Arthur B. Edge, IV Senator, 28th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Fred Alken Representative, 21st District
/s/ Johnny Isakson Representative, 21st District

Donn M. Peevy Senator, 48th District

Is/ George F. Green, M.D. Representative, 106th District

A BILL
To amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the local board of education upon receiving information that any school system educator has committed certain desig nated crimes under Georgia law; to require the local board of education to transmit such report to the commission if such local board determines that an investigation is warranted; to provide that the commission shall investigate on the basis of such written report and make recommendations to the applicable local board of education and the State Board of Education in conformity with the commission's authority; to provide for expunging such reports from the record of an exonerated educator; to provide that willful failure of such designated administrators to make written reports or investigation requests shall constitute grounds for commission investigation and recommendations as to the administrator; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to the Professional Practices Commission, is amended by adding after Code Section 20-2-795 a new Code Section 20-2-795.1 to read as follows:
"20-2-795.1. (a) Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report from any identified school system personnel, parent or custodian of a child enrolled in the school system that any school system educator employed by the local unit of administration has committed any of the following specifi cally identified crimes:
(1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16;
(2) Any sexual offense, as provided for in Chapter 6 of Title 16, or any sexual exploitation of a minor as provided for in Code Section 16-12-100;
(3) Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16;
(4) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or
(5) Unlawfully operating a motor vehicle after being declared a habitual violator, for violating Code Section 40-5-54, Code Section 40-6-391, Code Section 40-6-392, or Code Section 40-6-394 or any combination.

FRIDAY, MARCH 9, 1990

2953

If the local board of education determines that the reported matters warrant investiga tion, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the Professional Practices Commission with a request for investigation. The commission shall investigate and make recommendations on such reported matters in accordance with Code Sections 20-2-796 and 20-2-797. If the Professional Practices Commission finds that no probable cause exists to recommend disciplinary action or the educator investigated is exonerated after a hearing, then all records of the Professional Practices Commission investigation and of any hearing by the Department of Education or the State Board of Education, including all reports received pursuant to subsection (a) of this Code section, made pur suant to this Code section and pertaining to the educator investigated shall be com pletely expunged.
(b) The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and name of any and all known witnesses; and, in so reporting, the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. However, the willful failure of any of such local school system administrators to comply with subsection (a) of this Code section shall be grounds for the commission's recommending to the local board of education or the State Board of Education, or both, imposition on the administrator of any of the disciplinary actions set forth in Code Section 20-2-797. The reporting requirements set forth in this Code section are in addition to and not a substitute for any and all other reporting require ments related to child abuse which exist under Georgia law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Aiken of the 21st moved that the House adopt the report of the Com mittee of Conference on HB 1521.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon
Y Atkins Y Bailey
Y Baker Y Balkcom Y Bannister Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M
Y Bates Beck
Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter
Chambless Y Chance Y Cheeks

N Childers Y Clark,B
Y Clark,H
Y Clark,L Y Coleman N Colwell
Connell Y Couch Y Crawford Y Crosby
Y Cummings,B Y Cummings,M Y Davis.C
Y Davis,G Y Davis,M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd.J.M Y Floyd,J.W
Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Herbert
Y Holcomb Y Holland
Holmes Y Hooks Y Howren
Y Hudson NIrwin
Isakson Y Jackson,J
Jackson.W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D
Y Lane,R Y Langibrd Y Lawrence Y Lawson YLee Y Linder YLong
YLord Lucas
Y Lupton
Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey

McKinney.B Y McKinney.C Y Meadows
YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Oliver.C Oliver.M YOrr Orrock
Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Y Porter YPoston Y Powell
Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal
YSelman Y Simpson Y Sinkfield

Y Smith,L Smith,P
Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M
Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware
Y Watson Watts
Y White Y Wilder Y William9,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

2954

JOURNAL OF THE HOUSE,

On the motion, the ayes were 155, nays 3. The motion prevailed.

HB 744. By Representative Groover of the 99th:
A bill to amend Chapter 8 of Title 13 of the Official Code of Georgia Anno tated, relating to illegal and void contracts generally, so as to change the pro visions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 744

The Committee of Conference on HB 744 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 744 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ C. Donald Johnson
Senator, 47th District
M J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Denmark Groover, Jr. Representative, 99th District
/s/ Tommy Chambless Representative, 133rd District

/s/ Pierre Howard Senator, 42nd District

/s/ Pete Robinson Representative, 96th District

A BILL
To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter; to provide rules and guidelines to determine if contracts are in partial restraint of trade; to provide that loss or forfeiture provisions conditioned upon the occurrence of competi tion or other specified acts or events are not restraints of trade; to provide procedures for identification, clarification, and reformulation of agreements; to provide rules and guide lines to determine the enforceability of loss or forfeiture provisions that are combined with partial restraints of trade; to define certain terms; to provide for enforcement; to provide for construction and application; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 13-8-2, relating to contracts contravening public policy generally, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Contracts in general restraint of trade, as distinguished from contracts in partial restraint of trade as provided for in Code Section 13-8-2.1;".
Section 2. Said chapter is further amended by adding between Code Sections 13-8-2 and 13-8-3 a new Code Section 13-8-2.1 to read as follows:

FRIDAY, MARCH 9, 1990

2955

"13-8-2.1. (a) Contracts that restrain in a reasonable manner any party thereto from exercising any trade, business, or employment are contracts in partial restraint of trade and shall not be considered against the policy of the law, and such partial restraints, so long as otherwise lawful, shall be enforceable for all purposes. Without lim iting the generality of the foregoing, contracts of the type described in subsections (b) through (d) of this Code section are considered to be reasonable.
(b) (1) As used in this subsection, the term: (A) 'Affiliate' means: (i) a person or entity that directly, or indirectly through
one or more intermediaries, controls or is controlled by or is under common control with a specified person or entity; (ii) any entity of which a specified person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting or profits interest of such entity; (iii) any trust or other estate in which the specified person or entity has a beneficial interest of 25 percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; and (iv) the spouse, lineal ancestors, lineal descendants, and siblings of the specified person, as well as their spouses.
(B) 'Business' means any line of trade or business involved in a sale. (C) 'Buyer' means any person or entity, including any successor-in-interest to such an entity, that acquires a business or a controlling interest in a business. (D) 'Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business: (i) which accounts for 25 per cent or more of the voting or profits interest of the business prior to the sale, alone or in combination with the interest or participation held by affiliates of such person or entity; or (ii) the sale of which results in the owner thereof receiving considera tion worth at least $500,000.00, inclusive of any consideration received for the sale of business covenant. (E) 'Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise.
(F) 'Sale of business covenant' means any agreement described in paragraph (2) of this subsection or any substantially equivalent agreement.
(G) 'Seller' means any person or entity, including any successor-in-interest to such an entity, that is: (i) an owner of a controlling interest; (ii) an executive employee, officer, or manager of the business who receives, as a minimum, consider ation in connection with either the sale or the sale of business covenant that is worth the equivalent of such person's most recent annual base salary or is in the form of a commitment of continued employment for a period of at least one year; or (iii) an affiliate of a person or entity described in division (i) of this subparagraph; provided, however, that each sale of business covenant shall be binding only on the person or entity entering into such covenant, its successors-in-interest, and, if so specified in the covenant, any entity that directly or indirectly through one or more intermediaries is controlled by or is under common control of such person or entity.
(2) A seller may agree in writing for the benefit of a buyer to refrain from:
(A) Carrying on or engaging in any activity competitive with the business; or
(B) Soliciting or accepting business from the business's customers which were customers at or prior to the time of the sale, including actively sought prospective customers, for purposes of providing products or services competitive with those provided by the business
within the geographic area or areas where the business conducts its operations at the time of the sale, including any area where the business's customers and actively sought prospective customers are present and including any area into which the business is reasonably expected to expand, provided that such activity, business, and area must be described in such writing. A sale of business covenant may, if reasonable to protect the interests of the buyer or the good will of the business, be worldwide. A sale of business covenant may extend for any period of time that is reasonable to protect the interests of the buyer or the good will of the business. Each sale of business covenant

2956

JOURNAL OF THE HOUSE,

shall, however, be considered to terminate at the time the business is discontinued or either the seller, including all successors-in-interest, or the buyer, including all successors-in-interest, ceases to exist, (c) (1) As used in this subsection, the term:
(A) 'Business' means any line of trade or business conducted by an employer. (B) 'Employee' means: (i) an executive employee, officer, manager, or key employee; (ii) research and development personnel or other persons or entities, including independent contractors, in possession of confidential information that is important to the business; (iii) any other person or entity, including an independent contractor, in possession of selective or specialized skills, learning, or abilities or cus tomer contacts or customer information; or (iv) any party to a partnership agree ment, franchise, distributorship, license agreement or sales agent, broker, representative, or supervisor. The term 'employee' shall not include, however, any employee who lacks selective or specialized skills, learning, customer contacts, or abilities.
(C) 'Employer' means any corporation, partnership, proprietorship, or other organization, including any successor-in-interest to such an entity, that conducts a business or any person or entity that directly or indirectly owns an equity interest or ownership participation in such an entity that accounts for 50 percent or more of the voting or profits interest of such entity.
(D) 'Material contact' exists between an employee and each customer or poten tial customer: (i) with whom the employee dealt; (ii) whose dealings with the employer were coordinated or supervised by the employee; (iii) about whom the employee obtained confidential information in the ordinary course of business as a result of such employee's association with the employer; or (iv) who receives products or services authorized by the employer, the sale or provision of which results or resulted in compensation, commissions, or earnings for the employee within two years prior to the date of employee's termination.
(E) 'Post-employment covenant' includes any agreement described in paragraphs (2) through (4) of this subsection or any substantially equivalent agreement.
(F) 'Products or services' means anything of commercial value, including without limitation goods, personal, real, or intangible property, services, financial products or services, business opportunities or assistance, or any other object or aspect of business or the conduct thereof.
(G) 'Termination' means the termination of an employee's engagement with an employer, whether with or without cause and upon the initiative of either party, provided that any possible inequity that results from the discharge of an employee without cause or in violation of a contractual or other legal obligation of the employer may be considered as a factor affecting the choice of an appropriate rem edy or, if the restraint as a whole is rendered unreasonable, the unenforceability thereof. For purposes of this definition, 'the discharge of an employee without cause' does not include (i) a termination of a partnership agreement, franchise, distributor ship, or license agreement or a sales agent, broker, representative, or supervisor agreement in accordance with the terms of the agreement or upon the completion or expiration of the agreement, (ii) any termination under retirement programs of the employer, (iii) any termination that follows the employee's refusal to accept an offer of continued employment on terms and conditions at least as favorable to the employee as those previously in effect, or ((iv) any termination under circumstances where the employee remains or becomes entitled to receive earnings, commissions, or benefits that serve as compensation, at least in part, for the emloyee's compliance with the post-termination covenants.
(2) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from conducting activity that is competitive with the activities the employee conducted for the employer within the geographic area or areas where the employee conducted such activities at or within a reasonable period of time prior to termination, provided that such activity and area must be described in such writing. The geographic area in which an employee works

FRIDAY, MARCH 9, 1990

2957

may include any area where any operations performed, supervised, or assisted in by the employee were conducted and any area where customers or actively sought pro spective customers of the business with whom the employee had material contact are present.
(3) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting or accepting, or attempting to solicit or accept, directly or by assisting others, any business from any of such business's customers, including actively sought prospective customers, with whom the employee had material contact during his employment for purposes of pro viding products or services that are competitive with those provided by the employer's business. No express reference to geographic area or the types of products or services considered to be competitive shall be required in order for the restraint to be enforce able. Any reference to a prohibition against 'soliciting or accepting business from cus tomers,' or similar language, shall be adequate for such purpose and narrowly construed to apply only to: (A) such of the business's customers, including actively sought prospective customers, with whom the employee had material contact; and (B) products and services that are competitive with those provided by the employer's busi ness.
(4) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from recruiting or hiring, or attempting to recruit or hire, directly or by assisting others, any other employee of the employer or its affiliates. No express reference to geographic area shall be required. Any reference to a prohibition against recruiting or hiring, or attempting to recruit or hire, other employees shall be narrowly construed to apply only to other employees who are still actively employed by or doing business with the employer or its affiliates at the time of the attempted recruiting or hiring.
(5) To the extent so stated in the post-employment covenant, a post-employment covenant may provide that any violation of the restraint shall automatically toll and suspend the period of the restraint for the amount of time that the violation contin ues, provided that the employer seeks enforcement promptly after discovery of the violation.
(6) A duration of two years or less in the case of a restraint of the type described in paragraph (2) of this subsection (c), and three years or less in the case of a restraint of the type described in paragraphs (3) and (4) of this subsection (c) shall be pre sumed to be reasonable as the period of time stated for any post-employment cove nant.
(d) Any restriction that operates during the term of an employment agreement, agency agreement, independent contractor agreement, partnership agreement, franchise, distributorship agreement, license, shareholders' agreement, or other ongoing business agreement shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or territory, so long as it promotes or protects the pur pose or subject matter of the agreement or deters any potential conflict of interest.
(e) (1) Activities, products, or services that are competitive with the activities, products, or services of an employer may include activities, products, or services that are the same as or similar to the activities, products, or services of the employer. Whenever a description of activities, products and services, or areas is required by this Code section, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is general ized or could possibly be stated more narrowly to exclude extraneous matters.
(2) In the case of a post-employment covenant entered into prior to termination, any good faith estimate of the activities, products and services, or areas that may be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capable of including or ultimately proves to include extraneous activities, products and services, or areas. The post-employment covenant shall be construed ultimately to cover only so much of such estimate as relates to the activities actually conducted, the products and services actually offered, or the areas actually involved within a stated period of time prior to termination. Activities, products, or services

2958

JOURNAL OF THE HOUSE,

shall be considered sufficiently described if a reference to the activities, products, or services is provided and qualified by the phrase 'of the type conducted, authorized, offered, or provided within one year prior to termination,' or similar language. Further, the phrase 'the areas where the {employee} is working at the time of {termination}' shall be considered sufficient as a description of areas if the person or entity bound by the restraint can reasonably determine the maximum reasonable scope of the restraint
at the time of termination. (f) (1) Whenever a person or entity desires to verify the terms of any partial restraint in effect at any time, or to obtain a clarification of a restraint believed to be unclear, such person or entity may, at its option, demand such verification or clari fication by delivering to the persons or entities that benefit from such restraint a writ ten statement that contains: (A) if verification is sought, a request for a copy of each partial restraint in effect between the parties; or (B) if clarification is sought, a description of the clarification requested; and (C) in all cases, the following statement: 'THIS DEMAND IS MADE PURSUANT TO CODE SECTION 13-8-2.1(0(2) OF THE OFFICIAL CODE OF GEORGIA ANNOTATED AND REQUIRES A RESPONSE WITHIN THIRTY DAYS."
(2) Within 30 days after such other persons or entities or their authorized repre sentatives have received such demand in person, they shall respond by sending the person or entity bound by the restraint the requested information or, if clarification is considered to be unnecessary because the restraint is believed to be clear, a state ment to that effect. In no event shall such a response be required to include confiden tial information or business strategies as part of any clarification.
(3) In the interest of reducing or eliminating any unclear or overbroad aspect of the restraint, the persons or entities that benefit from any existing restraint may pro vide the persons or entities bound by such restraint with a clarification or reformulation of the restraint, whether or not the clarification or reformulation was requested, so long as it is no broader than the terms of the original restraint. Any clarification or reformulation on lesser terms so provided by the persons or entities that benefit from the restraint shall supersede any conflicting terms of the restraint and be binding regardless of whether additional consideration is provided. The person or entity bound by the restraint may rely absolutely on such clarification or reformulation in complying with the terms of such restraint.
(4) Any failure or delay of the persons or entities that benefit from such restraint to respond to such a demand shall be considered as one factor by a court in determin ing how much of an unclear or overbroad restraint may be enforced as lawfully serving the business purposes and interests contemplated by the parties in their agreement. In addition, if the procedure provided for in this subsection is followed for the benefit of anyone who wishes to employ or do business with a person or entity, any subse quent enforcement of any restraint that was unknown, unclear, or overbroad but that is not properly identified, clarified, or reformulated by the persons or entities that benefit from the restraint following their receipt of such a demand shall be limited so as to avoid prejudice to the employment or business to which the unknown, unclear, or overbroad aspects of the restraint relate.
(g) (1) Every court of competent jurisdiction shall enforce through any appropriate remedy every contract in partial restraint of trade that is not against the policy of the law or otherwise unlawful. In the absence of extreme hardship on the part of the per son or entity bound by such restraint, injunctive relief shall be presumed to be an appropriate remedy for the enforcement of the contracts described in subsections (b) through (d) of this Code section. If any portion of such restraint is against the policy of the law in any respect but such restraint, considered as a whole, is not so clearly unreasonable and overreaching in its terms as to be unconscionable, the court shall enforce so much of such restraint as it determines by a preponderance of the evidence to be necessary to protect the interests of the parties that benefit from such restraint. Such a restraint shall be subject to partial enforcement, whether or not it contains a severability or similar clause and regardless of whether the unlawful aspects of such restraint are facially severable from those found lawful.

FRIDAY, MARCH 9, 1990

2959

(2) The enforceability of any partial restraint of trade shall be determined and shall be enforced independently of the enforceability of any other covenant or part thereof contained in the same contract or arrangement.
(3) Contractual terms that provide for a loss or forfeiture of rights or benefits con ditioned upon any specified act or event shall not be considered a restraint of trade. The fact that any such loss or forfeiture provision is contained in the same agreement or contract with an otherwise valid partial restraint of trade shall not impair the validity or enforceability of either such loss or forfeiture provision or such restraint, and the enforcement of either term shall not serve as grounds for delaying or with holding enforcement of the other term, including enforcement by injunctive relief. If a loss or forfeiture provision is contained in an agreement or contract that also con tains other terms that are determined to be, in some respects, an unreasonable and unenforceable restraint of trade, such loss or forfeiture provision shall nonetheless be enforceable to the extent it may lawfully serve the purposes and interests of the par ties that benefit from such provision. Such a loss or forfeiture provision shall be sub ject to enforcement, whether or not it contains a severability or similar clause, and regardless of whether the unlawful aspects of such restraint are facially severable from those found to be unlawful."
Section 2. This Act takes effect on July 1, 1990. As a statement of public policy, this Act shall have general applicability to the fullest extent permitted by law. This Act shall further apply to all remedies sought or granted after the effective date with respect to the subject matter of this Act.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on HB 744.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken
Alford Y Alien Y Athon
Y Atkins Y Bailey
Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck
Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd
Y Campbell Carrell
Y Carter Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark.H Y Clark.L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y CummingsJB Y Cummings.M
Y Davis.C Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover Y Dunn
Edwards
Y Ehrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green
Y Greene Gresham
Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee
Y Under YLong YLord
Lucas Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith.T Y Smith,W NSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Steele Y Stephens
Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Y Walker.C Y Walker,L YWall
Ware Y Watson
Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

2960

JOURNAL OF THE HOUSE,

On the motion, the ayes were 161, nays 1. The motion prevailed.

Representative Smyre of the 92nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1228. By Representatives Poston of the 2nd, Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd and Lee of the 72nd:
A bill to amend Code Section 19-5-10 of the Official Code of Georgia Anno tated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1228

The Committee of Conference on HB 1228 recommends that the Senate recede from its position and that the attached Committee of Conference Substitute to HB 1228 be adopted.

Respectfully submitted,

FOR THE SENATE:
/a/ DSeonnantoMr,. 4P8etehvyDistrict
/s/ Tommy C. Olmstead Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ McCracken Poston Jr. Representative, 2nd District
/s/ Denmark Groover, Jr. Representative, 99th District

/s/ Culver Kidd Senator, 25th District

/s/ Charles A. Thomas, Jr. Representative, 69th District

A BILL
To amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attor ney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 19-5-10 oi the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attor ney or another attorney, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In divorce cases which are not defended by the responding party, the judge shall determine that the asserted grounds for divorce are legal and sustained by proof or shall appoint the district attorney er see other an attorney of the court to discharge that duty for him. An evidentiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required. If no evidentiary hearing is held, the determination of such matters may be made upon the verified pleadings of

FRIDAY, MARCH 9, 1990

2961

either party, one or more affidavits, or such other basis or procedure as the court may deem proper in its discretion."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Poston of the 2nd moved that the House adopt the report of the Com mittee of Conference on HB 1228.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett,B Y Bamett,M
Y Bates YBeck Y Benefield YBenn
Birdsong Y Bishop Y Bostick Y Branch
Y Breedlove Brooks
Y Brown
YBuck Y Buford YByrd
Y Campbell Carrell
Y Carter Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B
Y Clark,H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B
Cummings,M
Y Davis.C Y Davis.G Y Davis.M Y Dixon,H Y Dixon.S YDobbs
Y Dover Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster
YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson Ylrwin
Isakson
Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston YLane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder YLong YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

McKinney,B
Y McKinney.C
Y Meadows YMilam
Y Mobley Y Moody
YMorton Y Moultrie Y Mueller
Y Oliver.C Oliver,M
YOrr
Orrock Y Padgett YPannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall
Y Ransom YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith.T Y Smith, W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens
Y Streat YTeper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus
Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 162, nays 0. The motion prevailed.

HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to pro hibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circum stances.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 402

The Committee of Conference on HB 402 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 402 be adopted.

2962

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ WSeanyantoerG, 3a0rntherDistrict
/s/ Nathan Dean Senator, 31st District
/s/ Arthur B. Edge, IV Senator, 28th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES: /s/. Edward D. R^ketson Representative, 82nd District
/s/ George F. Green, M.D. Representative, 106th District
/s/ Larry Parrish Representative, 109th District

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to prohibit any person holding a noncommercial Class P instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circum stances; to authorize local registration and licensing of motorized carts; to provide for pro cedures and fees; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by adding at the end of Code Section 40-5-24, relating to instruction permits and temporary licenses, a new subsection, to be designated subsection (e), to read as follows:
"(e) Any person holding a noncommercial Class P instruction permit issued pursuant to subsection (a) of this Code section who is convicted of any moving hazardous offense which resulted in an accident or a suspension of such noncommercial Class P instruction permit shall not be authorized to apply for and receive a noncommercial Class A, B, or C driver's license for a period of 12 months following the date of conviction of any of the offenses enumerated in this subsection. This subsection shall not prohibit any person from reapplying for a subsequent noncommercial Class P instruction permit."
Section 2. Said title is further amended by striking in its entirety Code Section 40-6-331, relating to the authority of local governments to regulate the operation of motorized carts, and inserting in lieu thereof a new Code Section 40-6-331 to read as fol lows:
"40-6-331. (a) A local governing authority may, by ordinance, designate certain public streets or portions thereof for the combined use of motorized carts and regular vehicular traffic and establish the conditions under which motorized carts may be oper ated upon such streets or portions thereof.
(b) Such ordinances may establish operating standards but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing; provided, however, that a local governing authority may, by ordinance, require the registration and licensing of such carts operated within its boundaries for a fee not to exceed $15.00, the license to remain permanently with such cart unless such cart is sold or the license is destroyed. The provisions of this subsection and the author ity granted by this subsection shall not apply to motorized carts owned by golf courses, country clubs, or other such organized entities which own such carts and make them available to members or the public on a rental basis.
(c) Saeh ordinances Ordinances establishing operating standards shall not be effec tive unless appropriate signs giving notice are posted along the public streets affected.
(d) Motorized carts may cross streets and highways under the jurisdiction of the Department of Transportation only at crossings or intersections designated for that pur pose by the department."

FRIDAY, MARCH 9, 1990

2963

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Ricketson of the 82nd moved that the House adopt the report of the Committee of Conference on HB 402.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
YBeck Benefield
YBenn Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Y Buford YByrd Y Campbell
Carrell Y Carter
Chambless Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M Y Davis.C Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover YDunn
Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Hanner

Y Harris Y Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren
Hudson Ylrwin
Isakson
Y Jackson,J Y Jackson, W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
Lee Y Linder YLong YLord
Lucas
Y Lupton Y Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 162, nays 0. The motion prevailed.

McKinney,B
McKinney.C Y Meadows YMilam Y Mobley
Moody
YMorton Y Moultrie Y Mueller Y 01iver,C Y 01iver,M YOrr
Y Orrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
Randall Y Ransom
YRay Y Reaves Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L
Y Smith.P Y Smith.T Y Smith.W YSmyre
Snow
Y Stancil,F Y Stancil.S
Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle Y Walker.C
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy,Spkr

HB 1350.

By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Anno tated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1350

The Committee of Conference on HB 1350 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1350 be adopted.
Respectfully submitted,

2964

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/si Donn M. Peevy Senator, 48th District
/s/ Kenneth C. Fuller Senator, 52nd District
/s/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Wllllam C - Randa11 Representative, 101st District
/s/ Henry Bostick Representative, 138th District
/s/ Jim Martin Representative, 26th District

A BILL
To amend Code Section 17-6-71 of the Official Code of Georgia Annotated, relating to execution hearings on the failure of principals to appear, so as to change the time limits within which an execution hearing shall be held; to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto; to provide for the payment of court costs and a percentage of the face amount of the bond; to provide for cancellation of writs of execution; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-71 of the Official Code of Georgia Annotated, relating to execution hearings on the failure of principals to appear, is amended by striking subsec tion (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, order an execution hearing not sooner than 76 90 days but not later than WO 150 days after such failure to appear. Notice of the execution hearing shall be served by certified mail to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its desig nated registered agent."
Section 2. Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, is amended by striking subsection (f) of said Code section and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) OB In cases in which paragraph (3) of this subsection is not applicable, on appli cation filed within 90 days from the payment of judgment, the court shall order remis sion under the following conditions:
(1) Provided the bond amount has been paid at any time within 90 days after judgment and the delay has not prevented the proper prosecution of the principal, upon application to the court with prior notice to the prosecutor of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the princi pal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety causes the adju dication of the principal in the jurisdiction in which the bond was made. Should the surety, within two years of the failure to appear, locate the principal causing the return of the principal to the jurisdiction where the bond was made, apprehend, sur render, produce, or substantially cause the apprehension or surrender of the principal, or if the location of the principal by the surety causes the adjudication of the princi pal in the jurisdiction where the bond was made the surety shall be entitled to a refund of 50 percent of the bond payment; and

FRIDAY, MARCH 9, 1990

2965

(2) Remission shall be granted on the condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the suretyT ; and
(3) If, within 90 days after judgment, the surety surrenders the principal to the s_h_er_if_f, _ the _su_re_ty; shall only be required to pay costs and 5 percent of the face amount of the bond. If it is shown to the satisfaction of the court, by the presentation of com petent evidence from the sheriff, that said surrender has been made and that 5 per cent of the bond amount and all costs have been tendered to the sheriff, the court shall be authorized to direct that the judgment be marked satisfied and that the writ of execution (fi. fa.) be cancelled."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Randall of the 101st moved that the House adopt the report of the Committee of Conference on HB 1350.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron
Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn
Birdsong
Y Bishop Y Bostick Y Branch Y Breedlove
Brooks Y Brown
YBuck Y Buford YByrd Y Campbell Y Carrell
Y Carter Chambless
Y Chance Y Cheeks

Y Childers
Y Clark.B Y Clark,H
Y Clark,L Y Coleman
Colwell Connell Y Couch Y Crawford Y Crosby Cummings,B Cummings,M Y Davis.C Y Davis,G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Foster
Y Godbee Y Goodwin Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane.D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord
Lucas Y Lupton
Mangum
Y Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 153, nays 0. The motion prevailed.

McKinney,B
McKinney.C Y Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Pannell
YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell Y Randall Y Ransom
YRay Y Reaves
Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield

Y Smith.L Y Smith,P Y Smith,T
Y Smith.W YSmyre
Snow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall
Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
Wmiams,J
Y Yates Y Yeargin
Murphy ,Spkr

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time:

SB 411. By Senator Pollard of the 24th:
A bill to amend Code Section 20-2-292 of the Official Code of Georgia Anno tated, relating to sparsity grants under the "Quality Basic Education Act," so as to provide that certain school systems shall continue to receive sparsity grants.

2866

JOURNAL OF THE HOUSE,

fd) igl Upon any action being filed in any court of this state seeking relief affect ing the calling, holding, conduct, determination, result, tabulation, or certification of any election or primary, except those instituted by the State Election Board, a copy of the proceeding shall be served upon such board by mailing a copy of same to the chairman by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or tus the plaintiffs attorney.
{e} (h) Any verdict, judgment, decree, order, ruling, or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any appeal has been filed or the record docketed in such cases.'"
By striking lines 14 through 17 of page 1 and inserting in lieu thereof the following:
"Section 2. Said title is further amended by redesignating subsection (b) of Code Section 21-2-267, relating to the arrangement and storage of equipment at polling places in general elections and primaries, as".
By adding between lines 26 of page 1 and line 1 of page 2 the following:
"Section 3. Said title is further amended by striking Code Section 21-2-523, relating to jurisdiction and general pretrial proceedings in the superior court in election contests, and inserting in lieu thereof a new Code Section 21-2-523 to read as follows:
'21-2-523. (a) A contest case governed by this article shall be tried and deter mined by the superior court of the county where the defendant resides. A contest case challenging the eligibility of the two defendants declared as eligible to compete with each other in a run-off primary or election shall be tried and determined by the supe rior court of the county where the defendant who received the highest number of votes resides.
(b) The superior court having jurisdiction of a contest case governed by this article shall be presided over by the judge ef th a superior court judge or senior judge, in toe judicial circuit or circuits 3.djoinin tne judicifll circuit or circuits contsining trie county m wnicn trie contest ts ins111uted wno fess the most yesrs of service fts judge of 8 superior court out wno resides outside of tne judicifli circuit, tne conj*ressionfli
or senior judge who presides over the contest shall be selected as set out in subsection (c) of this Code section.
(c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the judge, described in subsection {b) ef this Oode section, of tne institution of proceedings under tnis orticicj &nd, n sucn judge

senior judge ef superior court, residing outside ef- the judicial circuit, the congressional or senatorial district, or otncr area involved m tnc contest, to serve m tnc place of
ccedmgs m sucn court and snail determine same as soon as practicable, rie snail oe reimbursed tor nis actual expenses lor lood and lodging and nc snail receive trie same mileage allowance as other state officials and employees administrative judge for the judicial administrative district in which that county lies, or the district court adminis trator, who shall immediately notify the administrative judge, of the institution of pro ceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest.

FRIDAY, MARCH 9, 1990

2867

(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an adminis trative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service.'"
By striking lines 1 through 4 of page 2 and inserting in lieu thereof the following:
"Section 4. Said title is further amended by redesignating subsection (d) of Code Section 21-3-165, relating to the arrangement and storage of equipment at polling places in municipal elections, as".
By inserting between lines 13 and 14 of page 2 the following:
"Section 5. Said title is further amended by striking Code Section 21-4-6, relating to the review of grounds for a recall petition, and inserting in lieu thereof a new Code Sec tion 21-4-6 to read as follows:
'21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application.
(D) J. he superior court hsvin^ jurisdiction of ft suiticiency review cfl.se governed oy

m which the petition IOF review ts riled who hfls the most yenrs ot service fts judge of a superior eeart btrt whe resides outside ef the judicial circuit containing the county in which such petition is filed. The superior court having jurisdiction of a case gov erned by this chapter shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the case shall be selected as set out in subsection (c) of this Code section.
(c) Upon tnc tiling or ft suiticicncy review petition under tnis OOQC section, tnc
described in subsection {b} ef this Code section, ef the institution of proceedings under this chapter; and^ if such judge is disqualified or- unable to serve, the clerk shatt immediately notify the Governor ef such feet; aael the Governor shall appoint a disinterested judge of superior court of senior judge of superior court, residing outside of
the plflce of such judge, ouch judge OF senior judge 3hfl.il promptly Degin presiding ever such proceedings in such court and shall determine same as seen as practicable. lie shflll i&e reimoursed tor his sctufll expenses IOF food find lodging snd rhe sntiii
filing of a sufficiency review petition under this Code section, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the

2868

JOURNAL OF THE HOUSE,

judicial administrative district in which that county lies, or the district court adminis trator, who shall immediately notify the administrative judge, of the institution of pro ceedings under this chapter. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest.
(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an adminis trative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly being presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service.
(d) (f) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such alleged fact or facts as to form and not as to truth and shall not include discovery or evidentiary hearings.
{e) (gj If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holidays, and such court shall consider such appeal on an expedited basis.
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By striking line 14 of page 2 and inserting in lieu thereof the following:
"Section 7. All laws and parts of laws in conflict".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford

Y Alien Athon
Y Atkins Y Bailey Y Baker

Balkcom Y Bannister N Barfoot Y Bargeron Y Barnett,B

Y Barnett,M Y Bates Y Beck Y Benefield
Benn

Y Birdaong Y Bishop Y Bostick Y Branch Y Breedlove

FRIDAY, MARCH 9, 1990

2869

Y Brooks
Y Brown YBuck
Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers
Clark.B Y Clark,H
Clark,L Y Coleman
Colwell
Y Connell
Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings,M Y Davis,C
Y Davis,G Y Davis,M Y Diion.H Y Dixon,S
Dobbs Y Dover
YDunn

Y Edwards
Ehrhart Y Felton Y Fennel N Floyd,J.M Y Floyd^I.W
Y Foster YGodbee Y Goodwin
Y Green Y Greene Y Gresham
Y Griffin Y Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks
Y Howren Y Hudson
Ylrwin Isakson
Y Jackson,J Y Jackson,W
Jamieson

Y Jenkins
Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
YLong YLord Y Lucas Y Lupton Y Mangum Y Martin
McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morion Y Moultrie Y Mueller
Y Oliver.C

Y Oliver,M YOrr
Orrock
N Padgett Y Pannell YParham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag
Porter
Poston Y Powell YRandall Y Ransom YRay Y Reaves
Y Redding Y Richardson
Ricketson Y Robinson Y Royal YSelman
Y Simpson Y Sinkfield Y Smith,L Y Smith,P
Smith.T Y Smith.W
Smyre

YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Steele Y Stephens
Street YTeper Y Thomas,C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SB 579. By Senator Bowen of the 13th:
A bill to amend Code Section 24-10-27 of the Official Code of Georgia Anno tated, relating to witness fees for law enforcement officers, correctional offi cers, and similar persons, so as to provide for the payment of such witness fees to any arson investigator of the state fire marshal's office or any member of a local fire department.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins
Bailey
Y Baker Balkcom
Y Bannister
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong

Y Bishop
Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance N Cheeks Y Childers
Clark,B Y Clark.H
Clark,L Y Coleman
Colwell

Connell Y Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M Y Davis,C Y Davis.G Y Davis.M
Y Diion,H Y Diion,S
Dobbs Y Dover Y Dunn
Edwards
Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster

YGodbee Y Goodwin
Y Green Y Greene Y Gresham Y Griffin Y Groover Y Hamilton
Hanner
Y Harris Hasty
Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson

Y Jackson,J Y Jackson,W
Jamieson
Y Jenkins Johnson
Y Jones Y Kilgore Y Kingston YLane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long
YLord Y Lucas Y Lupton
Mangum Y Martin

2970

JOURNAL OF THE HOUSE,

YLord Lucas
Y Lupton
Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody
Y Morton Y Moultrie

Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell

Randall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,? Y Smith.T Y Smith.W

Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens YStreat YTeper Y Thomas,C Y Thomas.M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend

YTwiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder
Williams.B Williams.J Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Pannell of the 122nd arose to a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The President has appointed on the part of the Senate the following: Senators Tate of the 38th, Deal of the 49th and Newbill of the 56th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

HB 402. By Representatives Ricketson of the 82nd, Green of the 106th, Parrish of the 109th, Moore of the 139th, Simpson of the 70th and others:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Anno tated, relating to instruction permits and temporary licenses, so as to pro hibit any person holding a Class 1 instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circum stances:

The President has appointed on the part of the Senate the following: Senators Dean of the 31st, Edge of the 28th and Garner of the 30th.

FRIDAY, MARCH 9, 1990

2971

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Anno tated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Anno tated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size.

Representative Thomas of the 69th moved that the House insist on its position in sub stituting SB 177 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Aiken of the 21st, Thomas of the 69th and Kingston of the 125th.

Representative Brooks of the 34th arose to a point of personal privilege and addressed the House.

Representative McKinney of the 35th arose to a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

2972

JOURNAL OF THE HOUSE,

The President has appointed on the part of the Senate the following: Senators Stumbaugh of the 55th, Dawkins of the 45th and Taylor of the 12th.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 1523. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1523

The Committee of Conference on HB 1523 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1523 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ J. Nathan Deal /s/ C. Donald Johnson

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. /s/ Denmark Groover, Jr.

/s/ Michael L. Thurmond

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the temporary assignments of judges shall be made by the district administrative judge; to provide for definitions; to provide for the compensation and expenses of part-time judges; to change the procedure for requesting judicial assistance; to add superior court judges to certain judicial circuits; to provide for appointment and future elections of such judges; to provide for initial and regular terms of office; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-1-9.1, relating to service of judges outside their own courts, which reads as follows:
"15-1-9.1. (a) As used in this Code section, the term: (1) 'Chief judge' means the judge most senior in time of service or, if applicable,
the judge to whom the administrative duties of a court have been assigned. (2) 'Judge' includes Justices, judges, senior judges, magistrates, and every other
such judicial office of whatever name existing or created. (b) (1) The chief judge of any court of this state may make a written request for assistance to the chief judge of any other court, a senior judge of the superior court, a retired judge, or a judge emeritus of any court. The request by the chief judge may be made if one of the following circumstances arises:
(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;

FRIDAY, MARCH 9, 1990

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(B) A judge of the requesting court is unable to preside because of disability, ill ness, or absence; or
(C) A majority of the judges of the requesting court determines that the busi ness of the court requires the temporary assistance of an additional judge or addi tional judges. (2) When a petition for habeas corpus is filed in a case in which the petitioner is under a sentence of death, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. When a request is received, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (c) The written request for judicial assistance shall identify the chief judge to whom the request is directed and the court, the county, the time period, and, if applicable, the specific case or cases for which the assistance is sought. A chief judge of a requesting court or assisting court shall be presumed to act with the consent of all judges of the court. However, if a judge of a court shall insist, all judges of that court shall vote upon whether to ratify the action taken by the chief judge under this Code section. (d) (1) If the chief judge is unable because of disability, illness, or absence to make a request for assistance, a majority of the judges of the court may make such a request for him. If a court is served by only one judge who, himself, is unable to make a request because of disability, illness, or absence, or when the judge or judges of the court fail to procure assistance in the event of the absence, illness, disability, or dis qualification of one of the judges, and it is satisfactorily made to appear to the Gover nor that any regular or special term of any court will not be held or continued in session because of such failure to procure assistance, the Governor shall name and assign a judge to hold the regular or special term of such court. However, no judge shall be named or assigned to hold court when the time fixed by law for holding the term of court conflicts with the holding of any regular or special term already called by him in his own court.
(2) If a vacancy shall occur in the judicial office for which the Governor is autho rized to name and assign a judge to hold the regular or special term of court as pro vided in paragraph (1) of this subsection, the Governor may appoint a judge of a court of record as an interim judge to fill temporarily such vacancy until the vacancy is per manently filled as provided by law.
(e) The chief judge of the court receiving a request for assistance shall designate a judge to preside as requested. The designated judge may consent to preside in the requesting court provided he is otherwise qualified to serve as a judge in the requesting court. The qualifications of residency within a particular political or geographic subdivi sion of the state shall not apply to a designated judge. The designation and its accept ance or rejection shall be made in writing and delivered to the judge requesting assistance.
(f) A copy of each request, designation, and acceptance or refusal of assistance shall be filed and recorded on the minutes of the clerk of the court requesting assistance. Any amendment to the request or extension of the assistance shall be written, filed, and recorded as is the original request and the acceptance of assistance.
(g) A judge rendering assistance in accordance with this Code section shall discharge all the duties and shall exercise all of the powers and authority of a judge of the court in which he is presiding.
(h) The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the judge rendering assistance in accordance with this Code section, except that such judges presiding in the appellate or superior courts in accordance with this Code section shall be compensated by state funds appropriated or otherwise available for the operation of these courts.
(i) Senior judges of the superior courts shall receive the amount of compensation and payment for expenses as provided by subsection (d) of Code Section 47-8-64. All other

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judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensa tion for this assistance.
(j) The court reporter, support personnel, facilities, equipment, and supplies neces sary to perform the duties requested shall be provided to any judge rendering assistance in accordance with this Code section by the requesting court, unless otherwise agreed.
(k) This Code section shall be supplementary to other laws relating to the authoriza tion of replacement judges.", and inserting in lieu thereof a new Code Section 15-1-9.1 to read as follows:
"15-1-9.1. (a) As used in this Code section, the term: (1) 'Administrative judge' means a superior court judge or senior judge of the
superior court elected within an administrative district as provided by Code Section 15-5-4.
(2) 'Chief judge' means the judge most senior in time of service or, if applicable, the judge to whom the administrative duties of a court have been assigned.
(3) 'Judge' includes Justices, judges, senior judges, magistrates, and every other such judicial officer of whatever name existing or created.
(4) 'Part-time judge' means a judge who serves on a continuing or periodic basis but who is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge. (b) (1) If assistance is needed from a judge outside of the county, a superior court judge of this state or the chief judge of a class of courts other than an appellate court may make a request for judicial assistance in the court served by said requesting judge to the administrative judge of the judicial administrative district in which said requesting judge's court is located, if any of the following circumstances arises:
(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;
(B) A judge of the requesting court is unable to preside because of disability, ill ness, or absence; or
(C) A majority of the judges of the requesting court determines that the busi ness of the court requires the temporary assistance of an additional judge or addi tional judges. (2) If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chief judge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if one of the following circumstances arises:
(A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court;
(B) A judge of the requesting court is unable to preside because of disability, ill ness, or absence; or
(C) A majority of the judges of the requesting court determines that the busi ness of the court requires the temporary assistance of an additional judge or addi tional judges. (3) When a petition for habeas corpus is filed in a case in which the petitioner is under a sentence of death, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior
Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. When a request is received, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (c) A chief judge of a requesting court or assisting court shall be presumed to act with the consent of all judges of the court. However, if a judge of a court shall insist, all judges of that court shall vote upon whether to ratify the action taken by the chief
judge under this Code section. (d) (1) If the chief judge is unable because of disability, illness, or absence to make a request for assistance, a majority of the judges of the court may make such a request

FRIDAY, MARCH 9, 1990

2975

for him. If a court is served by only one judge who, himself, is unable to make a request because of disability, illness, or absence, or when the judge or judges of the court fail to procure assistance in the event of the absence, illness, disability, or dis qualification of one of the judges, and it is satisfactorily made to appear to the Gover nor that any regular or special term of any court will not be held or continued in session because of such failure to procure assistance, the Governor shall request the administrative judge of the judicial administrative district within which district the court in need of assistance lies to assign another judge to hold the regular or special term of such court. However, no judge shall be named or assigned to hold court when the time fixed by law for holding the term of court conflicts with the holding of any regular or special term already called by him in his own court.
(2) If a vacancy shall occur in the judicial office for which the Governor has had to request assistance from the administrative judge of the judicial administrative dis trict in a situation wherein the conditions exist as provided in paragraph (1) of this
subsection, the Governor may appoint a judge of a court of record as an interim judge to fill temporarily such vacancy until the vacancy is permanently filled as provided
by law. (e) The administrative judge of the district receiving a request for assistance shall designate a judge to preside as requested. The designated judge may consent to preside in the requesting court provided he is otherwise qualified to serve as a judge in the requesting court. The qualifications of residency within a particular political or geo graphic subdivision of the state shall not apply to a designated judge. The designation shall be made in writing and delivered to the judge requesting assistance. (f) The written designation shall identify the court in need of assistance, the county where located, the time period covered, the specific case or cases for which assistance is sought if applicable, and the reason that assistance is needed. The written designation
shall be filed and recorded on the minutes of the clerk of the court requesting assist ance. Any amendment to the designation shall be written, filed, and recorded as is the original designation.
(g) A judge rendering assistance in accordance with this Code section shall discharge all the duties and shall exercise all of the powers and authority of a judge of the court in which he is presiding.
(h) The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the judge rendering assistance in accordance with this Code section, except that such judges presiding in the appellate or superior courts in accordance with this Code section shall be compensated by state funds appropriated or otherwise available for the operation of these courts.
(i) Senior judges of the superior courts shall receive the amount of compensation and payment for expenses as provided by Code Section 47-8-64. In accordance with subsec tion (h) of this Code section, part-time judges may receive reasonable compensation and payment for actual expenses and mileage. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance.
(j) The court reporter, support personnel, facilities, equipment, and supplies neces sary to perform the duties requested shall be provided to any judge rendering assistance in accordance with this Code section by the requesting court, unless otherwise agreed.
(k) In the event that the judge requesting assistance is a superior court judge other than a chief judge, then a copy of the assignment shall also be filed with the chief judge of the court to be assisted.
(1) As an alternative to the other provisions of this Code section, any judge other than a superior court judge may, under the circumstances described in subparagraph
(b)(l)(B) or (b)(l)(C) of this Code section, request judicial assistance from any other judge who is not a superior court judge and who is otherwise qualified; and the judge so requested may agree to so serve. When one judge serves in the court of another pur suant to this subsection, a written designation by the requesting judge shall be filed and recorded on the minutes in the same general manner as provided for in subsection (f) of this Code section and the provisions of subsection (h) of this Code section shall apply

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with respect to the payment of expenses. The provisions of this subsection are supple mentary to the provisions of the other subsections of this Code section.
(m) This Code section shall be supplementary to other laws relating to the authoriza tion of replacement judges."
Section 2. Said title is further amended by striking paragraphs (3) and (28) of Code Section 15-6-2, relating to members of superior court judges for each judicial circuit, and inserting in their respective places new paragraphs (3) and (28) to read as follows:
"(3) Atlanta Circuit................................................................................................... i3 14" "(28) Ocmulgee Circuit............................................................................................... 3 4"
Section 3. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, the additional judgeships created by this Act shall initially be filled by appointments by the Governor for a term beginning July 1, 1990, and expiring December 31, 1992, and until a successor is elected and qualified. A successor to each such initial judge shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1992, for a term of four years beginning on January 1, 1993, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
Section 4. Section 2 of this Act shall become effective July 1, 1990. The remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 69th moved that the House adopt the report of the Committee of Conference on HB 1523.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams Y Aiken Y Alford
Y Alien Y Athon
Y Atkins Y Bailey Y Baker
Balkcom
Y Bannister Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell

Y Carter Y Chambless
Y Chance Y Cheeks Y Childers Y Clark.B Y Clark.H Y Clark.L Y Coleman
Colwell Connell
Couch Y Crawford
Crosby Y Cummings,B
Cummings,M Y Davis.C
Y Davis.G Y Davis.M
Dixon,H
Y Dixon.S Dobbs
Y Dover
Y Dunn Y Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Foster YGodbee

Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton
Hanner Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J Y Jackson, W Y Jamieson
Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane.D Y Lane.R
Langford Y Lawrence

Y Lawson YLee Y Under
Long YLord
Lucas Y Lupton Y Mangum Y Martin
YMcCoy Y McDonald Y McKelvey Y McKinney,B
McKinney.C Y Meadows YMilam Y Mobley
Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr YOrrock
Y Padgett Y Pannell YParham Y Parrish
Y Patten Y Pettit Y Pinkston

YPoag Y Porter Y Poston Y Powell YRandall
Ransom
YRay Y Reaves
Y Redding Y Richardson
Y Ricketson Y Robinson Y Royal
Selman Y Simpson Y Sinkfleld Y Smith,L Y Smith,P Y Smith.T
Smith.W YSmyre Y Snow Y Stancil,F Y Stancil.S
Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas,C Y Thomas,M Y Thompson

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2977

YThurmond
Y Titus YTolbert YTownsend

Twiggs
Y Vaughan Y Waddle
Walker.C

Walker.L
Y Wall Y Ware Y Watson

Y Watts
Y White Wilder Williams,B

Williams,J
Y Yates Y Yeargin
Murphy,Spki

On the motion, the ayes were 151, nays 0. The motion prevailed.

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 951

The Committee of Conference on HB 951 recommends that the Senate recede from its position and that the attached Committee of Conference Substitute to HB 951 be adopted.

Respectfully submitted,

FOR THE SENATE:
J. Nathan Deal Senator, 49th District
/s/ Horace E. Tate Senator, 38th District

FOR THE HOUSE OF REPRESENTATIVES:
. /s/ ^alPh Twl^s u ^. .
Representative, 4th District
/s/ Carlton H. Colwell Representative, 4th District

Sallie Newbill Senator, 56th District

/s/ C. E. Holcomb Representative, 72nd District

A BILL
To amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year opera tions under the "Quality Basic Education Act," approved February 12, 1988 (Ga. L. 1988, p. 9), so as to repeal the provisions relating to automatic repeal of certain provisions authorizing local boards of education to vary the length of school years under certain cir cumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year opera tions under the "Quality Basic Education Act," approved February 12, 1988 (Ga. L. 1988, p. 9), is amended by striking Section 2 of said Act, which reads as follows:
"Section 2. Effective July 1, 1990, paragraph (3) of subsection (c) of said Code Sec tion 20-2-168 (as added by this Act) shall be repealed and paragraph (4) of subsection (c) of said Code section shall be renumbered as paragraph (3) of subsection (c).", in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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Representative Holcomb of the 72nd moved that the House adopt the report of the Committee of Conference on HB 951.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy
Y Adams N Aiken
Y Alford Y Alien
Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot
Bargeron Y Barnett.B
Y Barnett,M Y Bates YBeck Y Benefield YBenn
Y Birdsong Y Bishop Y Bostick
Y Branch Y Breedlove Y Brooks
Brown YBuck
Y Buford YByrd Y Campbell Y Carrell
Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Y Clark.B Y Clark.H Y Clark.L Y Coleman Y Colwell
Connetl Y Couch Y Crawford
Crosby Y Cummings.B Y Cummings.M Y Davis.C Y Davis.G N Davis.M
Dixon.H Y Dixon.S YDobbs Y Dover Y Dunn
Edwards Y Ehrhart Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee YGoodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Hanner

Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J Y Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton N Mangum Y Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 152, nays 4. The motion prevailed.

McKinney,B McKinney.C Y Meadows YMilam Y Mobley Y Moody N Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell YRandall Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith.L Smith,P
Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Steele Y Stephens Y Streat YTeper Y Thomas,C
Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Y Waddle Walker.C Walker,L
YWall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Anno tated, relating to buildings presenting special hazards to persons and prop erty and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings protected by approved automatic sprinkler systems.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

FRIDAY, MARCH 9, 1990

2979

HB 1385.

By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employ ment of certain contributors.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1385

The Committee of Conference on HB 1385 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1385 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Harrill L. Dawkins
Senator, 45th District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES: /, ,~ /s/ Jack ConneH Representative, 87th District
/s/ Wm. J. Lee Representative, 72nd District

/s/ Albert J. Scott Senator, 2nd District

/s/ Frank C. Pinkston Representative, 100th District

A BILL
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Eth ics in Government Act," so as to revise provisions relating to campaign finance and finan cial disclosures; to require declarations of intention to accept contributions to be filed prior to acceptance of contributions; to require the business, occupation, or place of employment of a person making a campaign contribution of more than $1,000.00 to be included in a campaign disclosure report; to require the affiliation of a political action committee to be included in a campaign disclosure report; to prohibit members of the General Assembly, public officers elected state wide, or the campaign committees of any such members or officers from accepting contributions during a legislative session; to limit the amount of contributions which persons, corporations, political committees, and other entities may contribute to candidates for state-wide elected office or the General Assem bly; to provide for certain financial disclosure on the part of candidates for state-wide elected office; to require disclosure of certain transactions with governmental entities; to require disclosure of certain income from parties represented by registered agents; to require disclosure of certain financial statements; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Eth ics in Government Act," is amended by adding a new paragraph defining "political action committee" immediately following paragraph (14) of Code Section 21-5-3, relating to defi nitions regarding ethics in government, to be designated paragraph (14.1), to read as fol lows:
"(14.1) 'Political action committee' means: (A) any committee, club, association, part nership, corporation, labor union, or other group of persons which receives donations

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during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more candidates for public office or campaign committees of candidates for public office; and (B) a 'separate segre gated fund' as defined in Code Section 21-5-40. Such term does not include a campaign committee."
Section 2. Said chapter is further amended by adding at the end of Code Section 21-5-30, relating to contributions, a new subsection (g) to read as follows:
"(g) Neither a candidate who is not a public officer nor his or her campaign commit tee may lawfully accept a campaign contribution until the candidate has filed with the Secretary of State or appropriate local filing officer a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any."
Section 3. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in its place a new paragraph to describe an item required to be included in such reports and to read as follows:
"(1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate; provided, however, with respect to a contribution of more than $1,000.00, the business, occupation, or place of employment of the person making the contribution shall be required in addition to that person's con tribution amount, name, and mailing address;".
Section 4. Said chapter is further amended by striking "and" at the end of para graph (3) of subsection (b) of Code Section 21-5-34, relating to campaign contribution dis closure reports, by striking the period at the end of paragraph (4) and inserting in its place "; and", and by adding a new paragraph describing certain disclosure requirements with respect to political action committees, to be designated paragraph (5), to read as follows:
"(5) The corporate, labor union, or other affiliation of any political action committee making a contribution of $101.00 or more."
Section 5. Said chapter is further amended by striking Code Section 21-5-35, relating to contributions during legislative sessions, and inserting in its place a new Code Section 21-5-35 to read as follows:
"21-5-35. (a) Any No member of the General Assembly or that member's campaign committee who or public officer elected state wide or campaign committee of such public officer shall accept accepts a reportable campaign contribution during a legislative session shdli report the contHoution to trie proper s.uthor11y on the 111*9* Q8y Or the month
\&f--Any person subject to Oode oection ^A-o-oi who njives ft contribution to st mem~
session shsll report the contPI oution to the proper sutnonty on the tirst dfly ot the month following the month t which th contribution was given.
(b) Subsection (a) of this Code section shall not apply to: (1) The receipt of a contribution which is returned with reasonable promptness to
the donor or the donor's agent; or (2) The receipt and acceptance during a legislative session of a contribution con
sisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session."
Section 6. Said chapter is further amended by adding between Articles 2 and 3 a new Article 2A describing certain limits on contributions to read as follows:
"ARTICLE 2A
21-5-40. As used in this article, the term:

FRIDAY, MARCH 9, 1990

2981

(1) 'Affiliated committees' means any two or more political committees (including a separate segregated fund) established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any par ent, subsidiary, branch, division, department, or local unit thereof.
(2) 'Affiliated corporation' means with respect to any corporation any other corpo ration related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other.
(3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States.
(4) 'Election' means a primary, run-off primary, general election, general election runoff, special election, or special election runoff.
(5) 'Person' means an individual. (6) 'Political committee' means: (A) any partnership, committee, club, association, organization, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership orga nization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions. 21-5-41. (a) No person shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate exceed $3,500.00. (b) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partner ship in toto for purposes of Code Section 21-5-43. 21-5-42. No corporation shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated cor porations, exceed $3,500.00. 21-5-43. No political committee shall for any election make contributions to any can didate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affil iated political committees, exceed $3,500.00. 21-5-44. For purposes of this article, a contribution to a candidate's campaign com mittee shall be deemed to be a contribution to the candidate. 21-5-45. The limitations on contributions imposed by this article shall apply sepa rately with respect to each election; provided, however, that no contribution whatsoever may be made to a candidate for an election other than a general primary if the candi date will not be on the ballot at such election other than a general primary."
Section 7. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates for public office, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph (1) to read as follows:
"(1) Each Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; Each j and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year."
Section 8. Said chapter is further amended by adding at the end of said Code Sec tion 21-5-50 a new subsection (c) to read as follows:

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"(c) (1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself) shall file with the Secretary of State, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years:
(A) Each transaction or transactions which aggregate $9,000.00 or more in a cal endar year in which the candidate (whether for himself or on behalf of any busi ness) or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and
(B) Each transaction or transactions which aggregate $9,000.00 or more in a cal endar year in which the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by an agent registered with the Secretary of State pursuant to Code Section 28-7-2. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4) (A) As used in this subsection, the term:
(i) 'Agency' means any agency, authority, department, board, bureau, com mission, committee, office, or instrumentality of the State of Georgia or any polit ical subdivision of the State of Georgia.
(ii) 'Financial statement' means a statement of a candidate's financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance.
(iii) 'Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (B) As used in this subsection, the term:
(i) 'Member of the family' includes the candidate's spouse and dependent chil dren; and
(ii) 'Person' and 'transact business' shall have the meanings specified in Code Section 45-10-20.
(5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or elec tion to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying."
Section 9. This Act shall become effective on its approval by the Governor or upon its becoming law without such approval. The provisions of Article 2A of Chapter 5 of Title 21, relating to maximum amounts which may be contributed, as enacted by this Act shall apply only with respect to contributions made after this Act becomes effective; and for

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purposes of said Article 2A contributions made after this Act becomes effective shall not be aggregated with those made before this Act becomes effective.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Connell of the 87th moved that the House adopt the report of the Committee of Conference on HB 1385.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron N Abernathy
Y Adams N Aiken Y Alford
Y Alien N Athon
Y Atkins
Y Bailey Y Baker Y Balkcom N Bannister Y Barfoot
Bargeron Y Barnett.B
N Barnett.M Y Bates
Beck Y Benefield YBenn Y Birdsong N Bishop Y Bostick Y Branch Y Breedlove N Brooks
N Brown Buck
Y Buford YByrd
Y Campbell Y Carrell
Y Carter Y Charobless Y Chance Y Cheeks

Y Childers
N Clark.B Y Clark.H
Y Clark,L N Coleman N Colwell Y Connell
Couch N Crawford
Crosby Y Cummings,B N Cummings,M Y Davis.C N Davis.G Y Davis.M Y Dixon.H N Dixon,S N Dobbs N Dover YDunn
N Edwards N Ehrhart
Felton Y Fennel Y Floyd,J.M Y FloydJ.W
Foster Y Godbee
Goodwin Y Green Y Greene
Gresham Griffin Groover Y Hamilton Hanner

Y Harris Y Hasty
Y Heard
Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W
N Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston
Y Lane,D NLane,B
Langford N Lawrence Y Lawson Y Lee Y Linder
Long NLord
Lucas N Lupton
Mangum Y Martin Y McCoy Y McDonald Y McKelvey

On the motion, the ayes were 112, nays 40. The motion prevailed.

N McKinney.B
N McKinney.C
Y Meadows Milam
Y Mobley N Moody YMorton Y Moultrie N Mueller Y Oliver.C Y 01iver,M YOrr
Orrock Y Padgett Y Pannell YParham N Parrish N Patten Y Pettit Y Pinkston
YPoag N Porter YPoston Y Powell NRandall Y Ransom
YRay Y Reaves N Redding Y Richardson Y Ricketson Y Robinson
Y Royal YSelman
Y Simpson Sinkfield

Y Smith,L Y Smith,? Y Smith,T
N Smith,W NSmyre YSnow Y Stancil,F Y Stancil,S
N Stanley Steele
Y Stephens Y Streat YTeper Y Thomas,C
Y Thomas,M Y Thompson N Thurmond Y Titus Y Tolbert Y Townsend
Twiggs Y Vaughan N Waddle
Walker.C Y Walker,L N Wall
Ware Y Watson
Watts N White
Wilder Y Williams,B
WiIliams,J Y Yates Y Yeargin
Murphy,Spkr

Representative Foster of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Griffin of the 6th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Ehrhart of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

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The Senate adheres to its diagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the
following Bill of the Senate:

SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Anno tated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size.

The President has appointed on the part of the Senate the following: Senators Ragan of the 32nd, Edge of the 28th and Clay of the 37th.

Representative White of the 132nd moved that the House reconsider its action in adopting the Committee of Conference report on HB 1385.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron Y Abernathy
N Adams Y Aiken N Alford N Alien Y Athon N Atkins
N Bailey Y Baker
N Balkcom Y Bannister N Barfoot
Bargeron N Barnett,B Y Barnett,M Y Bates
Beck N Benefield
Benn
N Birdsong N Bishop N Bostick N Branch N Breedlove Y Brooks
N Brown Buck
N Buford NByrd N Campbell N Carrell
N Carter N Chambless Y Chance N Cheeks

N Childers
Y Clark,B
Y Clark.H N Clark,L Y Coleman Y Colwell N Connell
Couch
Y Crawford Crosby
N Cummings.B Y Cummings,M
Davis.C Y Davis.G N Davis.M Y Dixon.H Y Diion,S YDobbs Y Dover Y Dunn N Edwards Y Ehrhart
Felton Y Fennel N Floyd,J.M N Floyd,J.W
Foster NGodbee
Goodwin N Green
Greene Gresham Griffin
Groover Y Hamilton N Manner

N Harris
N Hasty
N Heard N Herbert N Holcomb N Holland N Holmes N Hooks Y Howren N Hudson Ylrwin N Isakson N Jackson,J N Jackson.W
Y Jamieson N Jenkins Y Johnson N Jones N Kilgore Y Kingston NLane.D YLane,R
Langford Y Lawrence N Lawson
NLee N Linder
Long NLord
Lucas Y Lupton
Mangum
N Martin N McCoy N McDonald
N McKelvey

Y McKinney.B
Y McKinney.C N Meadows
Milam N Mobley
Y Moody Y Morton N Moultrie
Y Mueller N Oliver.C N Oliver,M NOrr Y Orrock
N Padgett N Pannell YParham Y Parrish Y Patten Y Pettit N Pinkston
NPoag Y Porter N Ponton N Powell YRandall N Ransom
NRay N Reaves Y Redding Y Richardson N Ricketson N Robinson N Royal
N Selman Y Simpson Y Sinkfield

Y Smith.L N Smith,P
Y Smith.T Y Smith.W N Smyre NSnow N Stancil.F N Stancil,S
Y Stanley Steele
N Stephens
N Streat NTeper N Thomas,C Y Thomas,M
Thompson Y Thurmond N Titus N Tolbert Y Townsend
Twiggs Y Vaughan N Waddle
Walker.C N Walker.L Y Wall
Ware N Watson
Watts Y White
Wilder N Williams.B
Williams,J N Yates N Yeargin
Murphy ,Spkr

On the motion, the ayes were 58, nays 94. The motion was lost.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

FRIDAY, MARCH 9, 1990

2985

The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

SB 668. By Senator Howard of the 42nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the provisions relating to requirements for licensure in professional counseling and social work.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Anno tated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 177

The Committee of Conference on SB 177 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 177 be adopted.

Respectfully submitted,

FOR THE SENATE: 1st Hugh A. Ragan /s/ Charles C. Clay

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. /s/ Fred Aiken> 21st

/s/ Jack Kingston, 125

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to insti tute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or pro hibit certain conduct; to change the provisions relating to the selection of a judge to pre side over certain cases or contests relating to primaries, elections, election contests, or the recall of elected officials; to provide for the powers and duties of judges presiding over such cases or matters; to provide for compensation and expenses; to provide for practices and procedures; to provide for notices; to provide for orders; to provide for the jurisdiction of superior courts; to provide for venue; to provide for pretrial proceedings; to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size; to provide for the review of grounds for recall petitions; to amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that a physically disabled person has the

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right to be accompanied by a service dog in certain places; to provide penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-32, relating to institution of and intervention in court actions regarding the election laws of this state, and inserting in lieu thereof a new Code Section 21-2-32 to read as follows:
"21-2-32. (a) The State Election Board shall have the right to institute or to inter vene as a party in any action in any court of this state or of the United States, seeking mandamus, injunction, or other relief, to compel compliance with any election or pri mary law of the state or with any valid rule or regulation of the board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith, including the right to seek such relief for any anticipatory breach.
(b) Any petition seeking any of the relief authorized in subsection (a) of this Code section shall be filed in the superior court of the county of residence of the superintend ent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct. AH proceedings shall be heard and presided ever by that jttdge ef the superior court ef a judicial circuit adjoining that in which auch county is located, whe is senior in time ef service and, vet ease of disqualification ef such judge of Ht tne event or tne refusal of sucn judge to act, uy tnat judge wno is next senior in time or service, in tne event any temporary order ts sougnt,* tne petition may be prcsented to such judge prior te its filing for consideration ef the application for such order.
(c) Upon the filing of such petition, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which the county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administra tive judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge who is not a resident of the circuit in which the proceeding was instituted, to pre side over the proceeding.
(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the cir cuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. In the event any temporary order is sought, the petition may be presented to the administrative judge prior to its filing for consideration of the application for such order. If the petition upon which temporary relief is sought prior to the filing will be filed in any county of the circuit of the administrative judge, then the petition may be presented to the administrative judge of an adjoining district prior to its filing for consideration of the application for such order.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employ ees. Senior judges shall be entitled to compensation and reimbursement as the law pro vides for senior judge service.
{e) (f) If, in the opinion of the judge presiding over such cause, adequate relief can not otherwise be granted to assure compliance with said laws, rules, and regulations, the judge may enter such order concerning the conduct of such election or primary which

FRIDAY, MARCH 9, 1990

2987

he shall deem necessary to assure compliance, including the right to require such elec tion or primary to be held under the supervision of the State Election Board.
{d} (g) Upon any action being filed in any court of this state seeking relief affecting the calling, holding, conduct, determination, result, tabulation, or certification of any election or primary, except those instituted by the State Election Board, a copy of the proceeding shall be served upon such board by mailing a copy of same to the chairman by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or his the plaintiffs attorney.
{e} (h) Any verdict, judgment, decree, order, ruling, or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any appeal has been filed or the record docketed in such cases."
Section 2. Said title is further amended by redesignating subsection (b) of Code Sec tion 21-2-267, relating to the arrangement and storage of equipment at polling places in general elections and primaries, as subsection (c) and by inserting a new subsection (b) to read as follows:
"(b) In each precinct which contained more than 2,000 electors at the previous gen eral election, the superintendent shall direct the chief manager of the precinct to provide seating in the ratio of one chair per 500 electors at the previous general election to be reserved for the use of handicapped voters or voters over the age of 65."
Section 3. Said title is further amended by striking Code Section 21-2-523, relating to jurisdiction and general pretrial proceedings in the superior court in election contests, and inserting in lieu thereof a new Code Section 21-2-523 to read as follows:
"21-2-523. (a) A contest case governed by this article shall be tried and determined by the superior court of the county where the defendant resides. A contest case challeng ing the eligibility of the two defendants declared as eligible to compete with each other in a run-off primary or election shall be tried and determined by the superior court of the county where the defendant who received the highest number of votes resides.
(b) The superior court having jurisdiction of a contest case governed by this article shall be presided over by the judge ef th a superior court judge or senior judge in the judicial circuit or circuits adjoining trie judicial circuit or circuits containing the county
rwr court bat who resides outside of the judicial circuit, the congressional or senatorial district, or other area involved in the contest. The superior court judge or senior judge who presides over the contest shall be selected as set out in subsection (c) of this Code section.
(c) Upon the filing of a contest petition, the clerk of the superior court having juris diction shall immediately notify the judge, described m subsection {b) ef this Code seetion, of th institution of proceedings under this article; etn&; if such judge is disqualified of unaole to serve, the cleric shall imHiediately notity the oovemor 01 such isctj find the Governor shall appoint a disinterested judge of superior court or senior judge of superior court, residing outside ot tnC1 judicial circuit, the congressional or senatorial district, or other area involved m the contest, TO serve tn tne place ot such judge, ouch judge or senior judge snail promptly Degin presiding over sucti proceedings m sucn court and shall determine same as soon as practicable. He shall be reimbursed for his actual expenses tor IOOQ and lodging and he shall receive the same mileage allowance as other state officials and employees administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administra tive judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest.

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(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the cir cuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employ ees. Senior judges shall be entitled to compensation and reimbursement as the law pro vides for senior judge service."
Section 4. Said title is further amended by redesignating subsection (d) of Code Sec tion 21-3-165, relating to the arrangement and storage of equipment at polling places in municipal elections, as subsection (e) and by inserting a new subsection (d) to read as fol lows:
"(d) In each precinct which contained more than 2,000 electors at the previous gen eral election, the municipal superintendent shall direct the chief manager of the precinct to provide seating in the ratio of one chair per 500 electors at the previous general elec tion to be reserved for the use of handicapped voters or voters over the age of 65."
Section 5. Said title is further amended by striking Code Section 21-4-6, relating to the review of grounds for a recall petition, and inserting in lieu thereof a new Code Section 21-4-6 to read as follows:
"21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the offi cer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application.
this f_/ode section shtll fee presided over oy the judge ot the superior court ift the judicisl circuit er circuits adjoining the judicial circuit er circuits containing the county in which the petition tor review ts filed who hfls the most ycsrs of service fts judge of ti superior court out who resides outside of the judiciftl circuit containing the county tn which such petition is filed. The superior court having jurisdiction of a case governed by this chap ter shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the case shall be selected as set out in subsec tion (c) of this Code section.
(c) Upon the filing ef a sufficiency review petition under this Code section, the clerk ef the superior court having jurisdiction shall immediately notify the judge, described in subsection fb) ef this Code section, ef the institution ef proceedings under this chapter; and; if such judge is disqualified er unable to serve, the clerk shaH immediately notify the Governor ef such fact; and the Governor shall appoint a disinterested judge ef sperior court or senior judge of superior court, residing outside of the judicis.1 circuit con~ tdining the county tn which such petition ts tiled, to serve m the pisee of stwjh judge. Such judge er senier judge shaH promptly begin presiding over such proceedings in such court and shall determine same as seen as practicable. He shaH be reimbursed fer his dctudi expenses tor rood 3nd lodging &nd he shflti receive the S8.me miiesge 8llow9nce as other state officials and employees. Upon the filing of a sufficiency review petition under this Code section, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which that

FRIDAY, MARCH 9, 1990

2989

county lies, or the district court administrator, who shall immediately notify the admin istrative judge, of the institution of proceedings under this chapter. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resi dent of the circuit in which the proceeding was instituted, to preside over the contest.
(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the cir cuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly being presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employ ees. Senior judges shall be entitled to compensation and reimbursement as the law pro vides for senior judge service.
{d) (f) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such alleged fact or facts as to form and not as to truth and shall not include discov ery or evidentiary hearings.
{e) (g) If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holidays, and such court shall consider such appeal on an expedited basis."
Section 6. Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, is amended by striking Code Sec tion 30-4-1, relating to the right to equal public accommodations and the right to be accompanied by a guide dog, and inserting in lieu thereof a new Code Section 30-4-1 to read as follows:
"30-4-1. (a) Blind persons, visually handicapped persons, and deaf persons2 and physically disabled persons are entitled to full and equal accommodations, advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transporta tion and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
(b) Every totally or partially blind person, and every deaf person, and every physi cally disabled person shall have the right to be accompanied by a guide dog or service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide dog or service dog; provided, however, that he shall be liable for any damage done to the premises or facilities by such dog.
(c) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog in the location of his vending operation provided the guide dog remains 25 feet or more from any food."
Section 7. Said chapter is further amended by striking Code Section 30-4-2, relating to the right to housing accommodations, and inserting in lieu thereof a new Code Section 30-4-2 to read as follows:

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part and the rules, regulations, and standards of the commission. The commission is authorized to adopt interim rules and regulations to allow for the transition to this part for institutions regulated under the aforementioned articles.
20-3-250.24. All employees of the commission shall be subject to and covered by Arti cle 1 of Chapter 20 of Title 45, but the position of executive director and such other employee positions as may be determined by the commission to be exempt from the classified service pursuant to that article shall be exempt unclassified positions, and the commission shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions. All full-time employees of the commission shall be members of the Employees' Retirement System of Georgia, except for members of the Teachers Retirement System of Georgia who, without any break in service, become full-time employees of the commission. Such employees shall continue as members of the Teachers Retirement System of Georgia.
20-3-250.25. All records, files, accounts, and related items utilized in the administra tion of the 'Georgia Proprietary School Act,' or the 'Postsecondary Educational Authori zation Act of 1978,' are transferred from the State Board of Education to the commission and executive director.
20-3-250.26. Nothing in this part shall be construed to limit a state examining board's authority, as granted by Title 43, to regulate and govern the curriculum, course requirements, instructor qualifications, and other educational activities of nonpublic postsecondary educational institutions."
Section 4. Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, the "Postsecondary Educational Authorization Act of 1978" is repealed in its entirety and the following is substituted in lieu of said repealed article:
"ARTICLE 3 RESERVED".
Section 5. Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Anno tated, the "Georgia Proprietary School Act," is repealed in its entirety and the following is substituted in lieu of said repealed article:
"ARTICLE 4 RESERVED".
Section 6. This Act shall become effective on July 1, 1991, except that this Act shall be effective on July 1, 1990, for the purpose of allowing the Governor to screen and select persons for appointment to the Nonpublic Postsecondary Education Commission on July 1, 1991, and for the purpose of beginning the transfer of records, files, and accounts as specified in Code Section 20-3-250.25 and for other administrative purposes as necessary to prepare for the implementation of this Act on July 1, 1991.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Representative White of the 132nd moved that the House adopt the report of the Committee of Conference on HB 1254.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abernathy Y Adams
Aiken Y Alford Y Alien Y Athon Y Atkins
Y Bailey Y Baker
Balkcom Y Bannister Y Barfoot Y Bargeron

Y Barnett.B
Y Barnett,M
Y Bates YBeck Y Benefield Y Benn Y Birdsong Y Bishop
Y Bostick Y Branch Y Breedlove
Brooks Y Brown YBuck

Y Buford
YByrd Y Campbell Y Carrell Y Carter
Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark,H Y Clark,L Y Coleman Y Colwell

Connell
Y Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings.M Y Davis,C Y Davis.G
Y Davis.M Y Dixon,H Y Diion,S
Dobbs Y Dover Y Dunn

Y Edwards Y Ehrhart
Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Foster YGodbee
Y Goodwin Y Green Y Greene Y Gresham Y Griffin Y Groover

FRIDAY, MARCH 9, 1990

2891

Y Hamilton Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Y Irwin
Isakson Y Jackson,J Y Jackson.W Y Jamieson Y Jenkins
Johnson Y Jones Y Kilgore Y Kingston

Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord Y Lucas Y Lupton Y Mangum Y Martin Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam
Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell
YParham Y Parrish
Patten Y Pettit
Pinkston YPoag
Y Porter YPoston Y Powell
Randall Y Ransom YRay
Reaves

On the motion, the ayes were 155, nays 0. The motion prevailed.

Y Redding Y Richardson Y Ricketson
Y Robinson Y Royal YSelman
Y Simpaon Sinkfield
Y Smith.L Y Smith,P
Smith.T Y Smith,W
Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Steele Y Stephens Y Streat
YTeper Y Thomas.C

Y Thomas,M Thompson
Y Thurmond Y Titus
Y Tolbert Y Townsend Y Twiggs Y Vaughan Y Waddle Y Walker.C Y Walker,L YWall
Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B
Williams,J
Y Yates Y Yeargin
Murphy.Spkr

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:

SB 597. By Senators Foster of the 50th, Fincher of the 54th, Broun of the 46th and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Anno tated, relating to postsecondary education, so as to create the Georgia Educa tion Trust to assist students and their parents in financing postsecondary education; to provide a short title; to provide for declaration of purpose and policies; to define certain terms.

The following Senate amendment was read:

Amend the House substitute to SB 597 by inserting between "to" and "create" on line 3 of page 1 the following:
"enact the 'College Opportunity Act'; to".
By striking '"Georgia Education Trust Act.'" from line 18 of page 2 and inserting in its place '"College Opportunity Act.'"

Representative Mangum of the 57th moved that the House agree to the Senate amendment to the House substitute to SB 597.
On the motion, the roll call was ordered and the vote was as follows:

Aaron Y Abernathy Y Adams
Y Aiken Y Alford Y Alien Y Athon Y Atkins Y Bailey
Y Baker Balkcom
Y Bannister

Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates YBeck Y Benefield YBenn Y Birdsong Y Bishop Y Bostick Y Branch

Y Breedlove Brooks
Y Brown YBuck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers Clark,B
Y Clark.H Y Clark,L Y Coleman Y Colwell
Connell Y Couch Y Crawford Y Crosby Y Cummings,B Y Cummings.M

Y Davis.C Y Davis.G Y Davis.M Y Dixon,H Y Dixon,S
Dobbs Y Dover YDunn Y Edwards Y Ehrhart Y Felton Y Fennel

2992

JOURNAL OF THE HOUSE,

Y Brooks
Brown Buck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark,B Y Clark.H Y Clark,L
Coleman N Colwell
Connell Couch Y Crawford Crosby Y Cummings,B Cummings,M Y Davis.C
Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S NDobbs Y Dover
YDunn

N Edwards
Y Ehrhart Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W
Foster
YGodbee Y Goodwin
Y Green Y Greene
Gresham Griffin Groover
Y Hamilton Y Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J
Jackson,W Y Jamieson

Y Jenkins Y Johnson
Y Jones Y Kilgore Y Kingston Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas N Lupton Y Mangum Y Martin
Y McCoy Y McDonald Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller
Y Oliver.C

Oliver,M
YOrr Y Orrock Y Padgett Y Pannell YParham
Y Parrish Y Patten Y Pettit
Pinkston YPoag Y Porter Y Poston Y Powell YRandall Y Ransom
YRay Y Reaves
Y Redding Y Richardson Y Ricketson
Robinson Y Royal Y Selman
Y Simpson Sinkfield
Y Smith.L Y Smith,P Y Smith.T Y Smith,W
YSmyre

Snow Y Stancil,F Y Stancil,S Y Stanley
Steele
Y Stephens Y Streat YTeper
Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert N Townsend
Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y WaU
Ware Y Watson
Watts Y White
Wilder Y Williams,B
Williams,.! Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 140, nays 5. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House substitute thereto:

SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Anno tated, relating to buildings presenting special hazards to persons and prop erty and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings protected by approved automatic sprinkler systems.

The following Senate amendment was read:

Amend the House committee substitute to SB 711 by striking lines 1 through 4 of page 1 and inserting in their place the following:
"To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fire and other hazards, so as to provide".
By adding immediately following the first semicolon on line 7 of page 1 the following: "to require that nursing homes be equipped with certain sprinkler systems;".
By adding immediately following line 33 of page 2 the following: "Section 2. Said chapter is further amended by adding at the end a new Code sec tion to read as follows:
'25-2-41. On and after January 1, 1991, every institution classified as a nursing home by the Department of Human Resources pursuant to Article 1 of Chapter 7 of Title 31 shall be equipped with an automatic fire suppression sprinkler system which meets the standards therefor adopted by the Commissioner, except that if such insti tution has a permit as a nursing home issued by that department prior to July 1,

FRIDAY, MARCH 9, 1990

2993

1990, that institution shall be equipped with such a sprinkler system no later than July 1, 1992.'"
By striking "Section 2" on line 1 of page 3 and inserting "Section 3" in its place.

Representative Watson of the 114th moved that the House disagree to the Senate amendment to the House Substitute to SB 711.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams Y Aiken Y Alford Y Alien
Athon Y Atkins Y Bailey N Baker Y Balkcom Y Bannister Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Beck Y Benefield YBenn
Birdsong N Bishop Y Bostick Y Branch Y Breedlove
N Brooks Y Brown
Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless
Chance Y Cheeks

Y Childere
Y Clark,B Y Clark.H Y Clark,L
Coleman Y Colwell
Connell
Couch Crawford Crosby Y Cummings,B Cummings,M Y Davis.C Davis.G N Davis.M Y Diion,H N Dixon.S
YDobbs Y Dover
Y Dunn Edwards
Y Ehrhart N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Manner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland N Holmes Y Hooks Y Howren Y Hudson Ylrwin
Isakson Y Jackson,J
Jackson.W N Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R
Langford Y Lawrence Y Lawson
YLee Y Under
Long YLord
Lucas Y Lupton
Y Mangum N Martin
YMcCoy McDonald
Y McKelvey

On the motion, the ayes were 121, nays 20. The motion prevailed.

McKinney,B
N McKinney.C Y Meadows
Milam Y Mobley Y Moody YMorton Y Moultrie Y Mueller
Y Oliver.C N Oliver.M NOrr
Orrock
Y Padgett N Pannell YParham Y Parrish
Y Patten Y Pettit
Pinkston NPoag N Porter YPoston Y Powell
YRandall Y Ransom
YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman Y Simpson
Sinkfield

Y Smith.L
Y Smith,? Y Smith,T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S N Stanley
Steele N Stephens Y Streat
Teper
Y Thomaa,C N Thomas,M Y Thompson N Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Waddle Walker,C Y Walker,L YWall
Ware Y Watson
Watts White Wilder
N Williams,B Williams.J
Y Yates Y Yeargin
Murphy,Spkr

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has rejected the report of the Committee of Conference and has appointed a second Committee of Conference on the following Bill of the House:

HB 1204.

By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registra tion and election.

2894

JOURNAL OF THE HOUSE,

Y Lawrence
Y Lawson
Y Lee Y Linder
Long Y Lord
Y Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney.B YMcKinney.C Y Meadows YMilam

Y Mobley
Y Moody
Y Morton Y Moultrie YMueller Y Oliver.C
YOliver.M Y Orr
Orrock Y Padgett YPannell Y Parham Y Parrish
Patten Y Pettit
Pinkston Y Poag

Porter
Y Poston
Y Powell Randall
Y Ransom Y Ray
Reaves Y Redding Y Richardson Y Ricketson Y Robinson Y Royal Y Selman Y Simpson N Sinkfield Y Smith.L Y Smith.P

Smith.T
Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancil,S
Y Stanley Y Steele Y Stephens Y Streat Y Teper Y Thomas.C Y Thomas.M Y Thompson Y Thurmond
Titus Y Tolbert

On the motion, the ayes were 157, nays 1. The motion prevailed.

Y Townsend
Y Twiggs
Y Vaughan Y Waddle Y Walker.C Y Walker,L
Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Yates Y Yeargin
Murphy.Spkr

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1752.

By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

Representative Groover of the 99th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1752 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Dunn of the 73rd, Groover of the 99th and Griffin of the 6th.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate substitute to the following Bill of the House:

HB 1505.

By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.

FRIDAY, MARCH 9, 1990

2895

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate substitute thereto:

HB 1505.

By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye.

Representative Orrock of the 30th moved that the House recede from its position in amending the Senate substitute to HB 1505, and that the Senate substitute be agreed to.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 1435. By Representatives Twiggs of the 4th and Coleman of the 118th:
A bill to amend Code Section 35-2-32 of the Official Code of Georgia Anno tated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant cer tain law enforcement jurisdiction over highway safety rest areas to the Uni form Division.

The following Senate amendment was read:

Amend HB 1435 by inserting on lines 5, 18, and 25 of page 1 and on line 2 of page 2 after the words "rest areas" the following:
"and welcome centers".

Representative Twiggs of the 4th moved that the House agree to the Senate amend ment to HB 1435.
On the motion, the ayes were 115, nays 0.
The motion prevailed.

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

SB 524. By Senators Johnson of the 47th, Baldwin of the 29th and Harris of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which include tolls for telephone calls between two phones within the same county; to provide for toll free calls between tel ephones of different telephone companies operating in the same county.

The following report of the Committee of Conference was read:

2896

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON SB 524

The Committee of Conference on SB 524 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 524 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ C. Donald Johnson
Senator, 47th District
/s/ Albert J. Scott Senator, 2nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ James M- Beck Representative, 148th District
/s/ George F. Green, M.D. Representative, 106th District

/s/ James W. Tysinger Senator, 41st District

/s/ Roy H. Watson, Jr Representative, 114th District

A BILL
To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which authorize long-distance charges for telephone calls between two phones within the same county except under certain conditions; to provide for toll free calls between telephones of different telephone companies operating in the same county; to provide for the amend ment of the existing rate schedules; to provide for rate schedule criteria; to provide for dis tribution of costs and rate schedule modification; to provide for plans to implement county-wide local calling; to provide for the method of funding such county-wide local call ing; to provide that the Public Service Commission shall not mandate any plan that requires the transfer of funds to implement county-wide local calling from one telephone company to another; to authorize under certain conditions the recovery by a telephone company of any portion of its expenses or lost toll revenues resulting from the implemen tation of such county-wide local calling plan; to provide for the methodology and source of recovery for any telephone company seeking recovery of any portion of expenses or lost toll revenues; to authorize the Public Service Commission to consider and adopt alterna tive forms of regulation for telephone companies; to provide for the consideration of cer tain factors; to provide for applicability with respect to another Code section; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the jurisdiction, powers, and duties of the Public Service Commission, is amended by adding a new Code section immediately following Code Section 46-2-25, to be designated Code Section 46-2-25.1, to read as follows:
"46-2-25.1. (a) Except as provided in subsection (b) of this Code section, on and after July 1, 1990, the commission shall not approve any rate schedule which authorizes a long-distance charge for calls between two telephones within the same county. Where two or more telephone companies operate in the same county, each company shall pro vide county-wide local calling to and from telephones within the area served by the other company or companies in the county. Rate schedules approved prior to July 1, 1990, shall be amended to comply with this Code section by not later than July 1, 1991.
(b) All rate schedules approved pursuant to this Code section may be modified at the discretion of the commission upon a good and sufficient showing of geographic, eco nomic, or technological infeasibility by a telephone company.

FRIDAY, MARCH 9, 1990

2897

(c) All rate schedules approved pursuant to this Code section shall take into account the following:
(1) The reasonable cost of providing such service to customers of the telephone company throughout the entire service area of such telephone company and the increased value resulting from such expanded calling areas;
(2) The average annual contributions made by such telephone company to the intra-LATA toll pool if such pool exists; and
(3) The reasonable rate of return on investment authorized in the rate schedule approved by the commission for such telephone company. (d) The commission shall, on or before December 31, 1990, implement a plan whereby all telephone companies subject to its jurisdiction will provide to each tele phone subscriber, in addition to its present service arrangements and the intracounty service mandated under the provisions of this Code section, expanded community of interest toll free calling beyond county boundary lines and/or a reduction in intra-LATA toll rates to a level comparable to present inter-LATA toll rates. (e) Any plan to implement county-wide local calling shall be subject to the approval of the commission. In developing a plan, the commission shall require telephone compa nies to enter into negotiations to provide for county-wide local calling throughout their service areas. If the companies are unable to reach an agreement within a time frame consistent with the requirements of this Code section and the instructions of the com mission, the commission may impose its own plan. The commission shall have the authority to determine the method of funding this service. In determining the method of funding this service, the commission shall first utilize any available earnings of the telephone companies in excess of those authorized in their respective tariffs; provided, however, that the commission shall not mandate any plan that requires the transfer of funds to implement county-wide local calling from one telephone company to another unless or until all other remedies are exhausted. Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the implementa tion of such county-wide local calling plan shall demonstrate its financial hardship to the commission before such recovery shall be allowed. It shall be within the discretion of the commission to determine the methodology and source of recovery for any such affected telephone company. Such methodology and source may include, but not be lim ited to, increases in the affected telephone company's rates and charges, sharing of lost revenues and increased expenses by any other telephone company included in the plan under review, and any other methodology which has as its goal the maintenance of rea sonable telephone rates for all subscribers in the state. (f) The commission shall be authorized to consider and adopt alternative forms of regulation for telephone companies which may include, but will not be limited to, estab lishing plans which require the sharing with its subscribers of telephone company earn ings above preestablished levels or regulating the maximum prices of basic local exchange services for which there are no readily available substitutes. In determining what actions, if any, are to be taken under this subsection, the commission shall consider the factors contained in subsection (c) of Code Section 46-2-23. (g) Nothing in this Code section shall be interpreted as amending, modifying, or repealing Code Section 46-2-23, relating to the rate-making power of the commission generally and special provisions concerning telecommunications companies."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

2998

JOURNAL OF THE HOUSE,

HR 1219. By Representative Bailey of the 72nd: A resolution extending best wishes to Mr. Frank I. Bailey, Sr.

HR 1220. By Representative Jenkins of the 80th: A resolution commending the Second Annual Forsythia Festival.

HR 1221. By Representative Cummings of the 134th: A resolution commending EXODUS, Inc.

HR 1222. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution commending the City of Woodbine Annual Crawfish Festival.

HR 1223. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution recognizing the St. Marys Rock Shrimp Festival.

HR 1224. By Representatives Smith of the 152nd and Dixon of the 151st: A resolution recognizing the Kingsland Labor Day Catfish Festival.

HR 1225. By Representative Smith of the 152nd: A resolution commending Mr. Valene Bennett.

HR 1226. By Representatives Smith of the 152nd and Streat of the 139th: A resolution commending Dr. Lewis Davis.

HR 1227. By Representative Smith of the 152nd: A resolution commending Golden Winston Glendower.

HR 1228.

By Representatives Cummings of the 17th, Hamilton of the 124th, Cummings of the 134th, Redding of the 50th, McDonald of the 12th and oth ers:
A resolution urging community drug prevention efforts and commending G.L.A.D., Georgia Legislators Against Drugs.

HR 1229.

By Representatives White of the 132nd, Cummings of the 134th and Chambless of the 133rd:
A resolution recognizing Head Coach Oliver Jones of Albany State College and commending the Albany State College basketball team.

HR 1230. By Representative Bailey of the 72nd: A resolution expressing regret at the passing of Terrence Francis McNulty.

HR 1231. By Representative Bailey of the 72nd:
A resolution expressing congratulations to Mr. and Mrs. James Barnes on the occasion of their 50th wedding anniversary.

FRIDAY, MARCH 9, 1990

2999

HR 1232. By Representatives Dixon of the 128th, Johnson of the 123rd, Mueller of the 126th, Hamilton of the 124th, Pannell of the 122nd and others:
A resolution commending the Honorable Viola W. Bell.

HR 1233.

By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending Donald William May, 1990 STAR Student at For est Park Senior High School, and Major Quinn Born, his STAR Teacher.

HR 1234.

By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending Paul Francis McGuire, 1990 STAR Student at North Clayton Senior High School, and Andrea Eason, his STAR Teacher.

HR 1235. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution honoring Mr. P.K. Dixon.

HR 1236. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending the Clayton County Council of Parent Teacher Associations.

HR 1237.

By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending Anna Catherine Hill, 1990 STAR Student at Jonesboro Senior High School, and Judith Marchman, her STAR Teacher.

HR 1238. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending Cynthia Ann Carey, 1990 STAR Student at Morrow Senior High School, and Peggy Ophelia Caldwell, her STAR Teacher.

HR 1239. By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending Susan Lynne McDonald, 1990 STAR Student at Jonesboro Senior High School, and Judy Atkins, her STAR Teacher.

HR 1240.

By Representatives Bailey of the 72nd, Lee of the 72nd, Holcomb of the 72nd and Benefield of the 72nd:
A resolution commending George Edward Mealer, 1990 STAR Student for Clayton County, and Jeanine Fulcher Gibson, his STAR Teacher.

HR 1241. By Representative Jenkins of the 80th: A resolution commending the Mary Persons High School Debate Team.

3000

JOURNAL OF THE HOUSE,

HR 1242. By Representative Holland of the 136th: A resolution commending Marion Elizabeth Bibb.

HR 1243. By Representative Holland of the 136th: A resolution commending Katie Ruth Holland.

HR 1244. By Representatives Griffin of the 6th, Foster of the 6th and Poag of the 3rd:
A resolution commending the Northwest Whitfield High School girls basket ball team.

HR 1245. By Representative Davis of the 45th: A resolution commending the 1989 Marist High School football team.

HR 1246. By Representative Bannister of the 62nd: A resolution commending Mr. Chad Fargason for academic achievement.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

HB 1243.

By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the defi nition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have com mitted a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 1243.

By Representatives Thomas of the 69th, Simpson of the 70th and Lee of the 72nd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the defi nition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have com mitted a designated felony act which would have constituted the crime of trafficking cocaine, illegal drugs, or marijuana if done by an adult.

Representative Thomas of the 69th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1243 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

FRIDAY, MARCH 9, 1990

3001

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Porter of the 119th, Thomas of the 69th and Chambless of the 133rd.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:
The Senate has rejected the report of the Committee of Conference and has appointed a second Committee of Conference on the following Bill of the House:

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The President has appointed on the part of the Senate the following: Senators Garner of the 30th, Tate of the 38th and Dean of the 31st.

The following Bill of the House was taken up for the purpose of considering the Senate's rejection of the first Committee of Conference Report thereon:

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The Speaker appointed as a second Committee of Conference the following members: Representatives Twiggs of the 4th, Colwell of the 4th and Holcomb of the 72nd.

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 951

The Committee of Conference on HB 951 recommends that the Senate recede from its position and that the attached Committee of Conference Substitute to HB 951 be adopted.

3002

JOURNAL OF THE HOUSE,

FOR THE SENATE:
J. Nathan Deal Senator, 49th District
/s/ Horace E. Tate Senator, 38th District
Sallie Newbill Senator, 56th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Ralph Twiggs Representative, 4th District
/s/ Carlton H. Colwell Representative, 4th District
/s/ C. E. Holcomb Representative, 72nd District

A BILL
To amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year opera tions under the "Quality Basic Education Act," approved February 12, 1988 (Ga. L. 1988, p. 9), so as to repeal the provisions relating to automatic repeal of certain provisions authorizing local boards of education to vary the length of school years under certain cir cumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year opera tions under the "Quality Basic Education Act," approved February 12, 1988 (Ga. L. 1988, p. 9), is amended by striking Section 2 of said Act, which reads as follows:
"Section 2. Effective July 1, 1990, paragraph (3) of subsection (c) of said Code Sec tion 20-2-168 (as added by this Act) shall be repealed and paragraph (4) of subsection (c) of said Code section shall be renumbered as paragraph (3) of subsection (c).", in its entirety.
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Holcomb of the 72nd moved that the House adopt the report of the Committee of Conference on HB 951.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Abernathy Y Adams N Aiken Y Alford Y Alien
Athon Y Atkins
Y Bailey Y Baker Y Balkcom Y Bannister
Y Barfoot Bargeron
Y Barnett.B Y Barnett,M Y Bates
Beck Y Benefield YBenn
Y Birdsong Bishop
Y Bostick Y Branch Y Breedlove Y Brooks

Y Brown Buck
Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark,H Y Clark,L
Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B Y Cummings,M Y Davis.C Y Davis.G Y Davis,M
Dixon.H

Y Dixon,S Y Dobbs
Y Dover Y Dunn
Edwards YEhrhart Y Felton Y Fennel
Y Floyd,J.M Floyd,J.W Foster
Y Godbee Good win
Y Green
Y Greene Gresham Griffin
Y Groover Y Hamilton
Manner Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland

Y Holmes
Y Hooks Y Howren
Y Hudson Ylrwin Y Isakson Y Jackson,J
Jackson.W
Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D
Y Lane,R Langford
Y Lawrence Y Lawson YLee
Linder
Long YLord
Lucas Y Lupton
Mangum

Y Martin Y McCoy
Y McDonald Y McKelvey
McKinney,B Y McKinney.C Y Meadows YMilam
Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Pannell YParham
Y Parrish Y Patten Y Pettit Y Pinkston YPoag Y Porter

FRIDAY, MARCH 9, 1990

3003

Y Poston Y Powell Y Kandall
Y Ransom Ray
Y Reaves Y Redding Y Richardson Y Ricketson
Robinson

Y Royal Y Selman Y Simpson
Y Sinkfield Y Smith.L Y SmithJP Y Smith,T Y Smith,W
Smyre
Y Snow

Y Stancil,F Y Stancil.S Y Stanley
Steele Stephens Streat Y Teper Thomas.C Y Thomas.M
Y Thompson

On the motion, the ayes were 141, nays 1. The motion prevailed.

Y Thurmond Y Titus Y Tolbert
Y Townsend Y Twiggs Y Vaughan Y Waddle
Walker.C Y Walker,L
Y Wall

Y Ware Y Watson
Watts
White Wilder Y Williams,B Williams,J Y Yates Y Yeargin
Murphy.Spkr

SB 177. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Anno tated, relating to the arrangement and storage of equipment at polling places in general elections and primaries, so as to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 177

The Committee of Conference on SB 177 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 177 be adopted.

Respectfully submitted,

FOR THE SENATE: /s/ Hugh A. Ragan /s/ Charles C. Clay

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles Thomas

is/ Jack Kingston, 125th District

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to insti tute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or pro hibit certain conduct; to change the provisions relating to the selection of a judge to pre side over certain cases or contests relating to primaries, elections, election contests, or the recall of elected officials; to provide for the powers and duties of judges presiding over such cases or matters; to provide for compensation and expenses; to provide for practices and procedures; to provide for notices; to provide for orders; to provide for the jurisdiction of superior courts; to provide for venue; to provide for pretrial proceedings; to require that seating be available for handicapped voters and voters over the age of 65 in precincts of a certain size; to provide for the review of grounds for recall petitions; to amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that a physically disabled person has the right to be accompanied by a service dog in certain places; to provide penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.

3004

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-32, relating to institution of and intervention in court actions regarding the election laws of this state, and inserting in lieu thereof a new Code Section 21-2-32 to read as follows:
"21-2-32. (a) The State Election Board shall have the right to institute or to inter vene as a party in any action in any court of this state or of the United States, seeking mandamus, injunction, or other relief, to compel compliance with any election or pri mary law of the state or with any valid rule or regulation of the board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith, including the right to seek such relief for any anticipatory breach.
(b) Any petition seeking any of the relief authorized in subsection (a) of this Code section shall be filed in the superior court of the county of residence of the superintend ent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct. AH proceedings shall fee heard ad presided ever by that judge ef the superior court ef a judicial circuit adjoining that in which such county is located, whe is senior in time ef service antb ease ef disqualification ef such
OF fR trie event of the rctusQl ot SUCH jud^c to set, oy tri&t JUQJJC who is next
scnted te such judge prior te its filing for consideration ef the application for saeh order. (c) Upon the filing of such petition, the clerk of superior court having jurisdiction
shall immediately notify the administrative judge for the judicial administrative district in which the county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administra tive judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge who is not a resident of the circuit in which the proceeding was instituted, to pre side over the proceeding.
(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the cir cuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. In the event any temporary order is sought, the petition may be presented to the administrative judge prior to its filing for consideration of the application for such order. If the petition upon which temporary relief is sought prior to the filing will be filed in any county of the circuit of the administrative judge, then the petition may be presented to the administrative judge of an adjoining district prior to its filing for consideration of the application for such order.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employ ees. Senior judges shall be entitled to compensation and reimbursement as the law pro vides for senior judge service.
{e} (f) If, in the opinion of the judge presiding over such cause, adequate relief can not otherwise be granted to assure compliance with said laws, rules, and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such elec tion or primary to be held under the supervision of the State Election Board.
{d} (g) Upon any action being filed in any court of this state seeking relief affecting the calling, holding, conduct, determination, result, tabulation, or certification of any

FRIDAY, MARCH 9, 1990

3005

election or primary, except those instituted by the State Election Board, a copy of the proceeding shall be served upon such board by mailing a copy of same to the chairman by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or his the plaintiffs attorney.
{} (h) Any verdict, judgment, decree, order, ruling, or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any appeal has been filed or the record docketed in such cases."
Section 2. Said title is further amended by redesignating subsection (b) of Code Sec tion 21-2-267, relating to the arrangement and storage of equipment at polling places in general elections and primaries, as subsection (c) and by inserting a new subsection (b) to read as follows:
"(b) In each precinct which contained more than 2,000 electors at the previous gen eral election, the superintendent shall direct the chief manager of the precinct to provide seating in the ratio of one chair per 500 electors at the previous general election to be reserved for the use of handicapped voters or voters over the age of 65."
Section 3. Said title is further amended by striking Code Section 21-2-523, relating to jurisdiction and general pretrial proceedings in the superior court in election contests, and inserting in lieu thereof a new Code Section 21-2-523 to read as follows:
"21-2-523. (a) A contest case governed by this article shall be tried and determined by the superior court of the county where the defendant resides. A contest case challeng ing the eligibility of the two defendants declared as eligible to compete with each other in a run-off primary or election shall be tried and determined by the superior court of the county where the defendant who received the highest number of votes resides.
(b) The superior court having jurisdiction of a contest case governed by this article shall be presided over by the judge of the a superior court judge or senior judge in the judicifli circuit/ OP circuits fldj01ning trie judicifli circuit OP circuits cont/ftining trie county
rter eert bat who resides outside of the judicial circuit, the congressional or senatorial district, or other area involved in the contest. The superior court judge or senior judge who presides over the contest shall be selected as set out in subsection (c) of this Code section.
(c) Upon the filing of a contest petition, the clerk of the superior court having juris diction shall immediately notify the judge, described in subsection fb) ef this Code sec tion-, of the institution ef proceedings aader this article; andV if- such judge is disqualified or suable te serve, the clerk shall immediately notify the Governor ef such feet-; and 4he Governor shall appoint a diaintcrcstcd judge ef- superior court er- senior judge ef- superior court, residing outside of tne judicifli circuit, tfte congressionft' OF scnfltorisi district, or otner flrcfl invoivcd HI trie contest, to serve m tne plsce of sucn judge, oucti judge OF
shall determine same as soon as practicable. He shall be reimbursed for his actual cxpcnoco lor rood anu lodging and nc snail receive tnc same mileage allowance as otncr state officials and employees administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administra tive judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest.
(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a

3006

JOURNAL OF THE HOUSE,

superior court judge from the district in which the proceeding was filed, but not the cir cuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employ ees. Senior judges shall be entitled to compensation and reimbursement as the law pro vides for senior judge service."
Section 4. Said title is further amended by redesignating subsection (d) of Code Sec tion 21-3-165, relating to the arrangement and storage of equipment at polling places in municipal elections, as subsection (e) and by inserting a new subsection (d) to read as fol lows:
"(d) In each precinct which contained more than 2,000 electors at the previous gen eral election, the municipal superintendent shall direct the chief manager of the precinct to provide seating in the ratio of one chair per 500 electors at the previous general elec tion to be reserved for the use of handicapped voters or voters over the age of 65."
Section 5. Said title is further amended by striking Code Section 21-4-6, relating to the review of grounds for a recall petition, and inserting in lieu thereof a new Code Section 21-4-6 to read as follows:
"21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the offi cer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application.
(b) The superior court having jurisdiction ef a sufficiency review ease governed by this Code section shall be presided over by the judge ef- the superior court ift the judicial
tnc petition lor review is tiled wno nas tnc most years of service as judge of 8 superior court btt who resides outside ef the judicial circuit containing the county in which such petition is filed. The superior court having jurisdiction of a case governed by this chap ter shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the case shall be selected as set out in subsec tion (c) of this Code section.
(c) Upon the filing ef a sufficiency review petition under this Code section, the clerk ef the superior court having jurisdiction shall immediately notify the judge, described subsection {b> ef this Code section, ef the inatitution ef proceedings under this chapter; and; if such judge is disqualified er unable te serve, the clerk shaH immediately notify the Governor ef such fact; and the Governor ahall appoint disinterested judge ef supc-
taining tnc county m wnicn sucn petition is tiled, te serve m tnc place of sucn judge. Stteh judge er senior judge shaH promptly begin presiding ever such proceedings in such court and shaH determine same as seen as practicable. He shall be reimbursed fer- hia
as other state officials and employees. Upon the filing of a sufficiency review petition under this Code section, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the admin istrative judge, of the institution of proceedings under this chapter. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resi dent of the circuit in which the proceeding was instituted, to preside over the contest.

FRIDAY, MARCH 9, 1990

3007

(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the cir cuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed.
(e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly being presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employ ees. Senior judges shall be entitled to compensation and reimbursement as the law pro vides for senior judge service.
{d) (f) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such alleged fact or facts as to form and not as to truth and shall not include discov ery or evidentiary hearings.
{e} (g) If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holidays, and such court shall consider such appeal on an expedited basis."
Section 6. Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, is amended by striking Code Sec tion 30-4-1, relating to the right to equal public accommodations and the right to be accompanied by a guide dog, and inserting in lieu thereof a new Code Section 30-4-1 to read as follows:
"30-4-1. (a) Blind persons, visually handicapped persons, and deaf persons are enti tled to full and equal accommodations, advantages, facilities, and privileges on all com mon carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation and at hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
(b) Every totally or partially blind person, and every deaf person, and every physi cally disabled person shall have the right to be accompanied by a guide dog or service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide dog or service dog; provided, however, that he shall be liable for any damage done to the premises or facilities by such dog.
(c) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog in the location of his vending operation provided the guide dog remains 25 feet or more from any food."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
Representative Kingston of the 125th moved that the House reject the report of the Committee of Conference on SB 177.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Abernathy
Y Adams

Y Aiken Y Alford
Alien

Y Athon Y Atkins Y Bailey

Y Baker Y Balkcom Y Bannister

Y Barfoot Y Bargeron Y Barnett.B

3008

JOURNAL OF THE HOUSE,

Y Barnett,M Y Bates
Beck Y Benefield
Benn Y Birdsong
Bishop Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Buck Y Buford YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childers
Clark.B Y Clark.H Y Clark.L Y Coleman
Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings,B Y Cummings.M

Y Davis,C
Y Davis,G Y Davis.M
Diion,H
Y DUon.S YDobbs Y Dover YDunn
Edwards Y Ehrhart Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee
Good win Y Green Y Greene
Gresham Y Griffin Y Groover Y Hamilton
Manner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes Y Hooks Y Howren

Y Hudson Ylrwin
Ylsakson Y Jackson,J
Jackson,W Y Jamieson Y Jenkins Y Johnson Y Jones
Y Kilgore Y Kingston YLane,D
YLane,R Langford
Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
Milam Y Mobley Y Moody

Y Morton
Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr YOrrock Y Padgett Y Pannell YParham Y Parrish Y Patten
Y Pettit Y Pinkston YPoag Y Porter YPoston Y Powell
YRandall Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman
Y Simpson Y Sinkfield
Y Smith.L Y Smith,P
Y Smith,T

Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Steele Y Stephens Y Street NTeper Y Thomas,C Y Thomas.M Y Thompson Y Thurmond
Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan Y Waddle
Walker.C Y Walker,L Y Wall Y Ware Y Watson
Watts Y White
Wilder Y Williams.B
Williams,.]
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 152, nays 1.
The motion prevailed and the report of the Committee of Conference on SB 177 was rejected.

Representative Teper of the 46th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1204.

By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registra tion and election.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1204

The Committee of Conference on HB 1204 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of
Conference Substitute to HB 1204 be adopted.

Respectfully submitted,

FOR THE SENATE:
/si A. Quillian Baldwin, Jr. Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John Simpson Representative, 70th District

Gary Parker Senator, 15th District

/s/ William C. Randall Representative, 101st District

/s/ Terrell A. Starr Senator, 44th District

/s/ Nancy Orrock Representative, 30th District

FRIDAY, MARCH 9, 1990

3009

A BILL
To amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of regis trars or county boards of registration and election; to provide for procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, is amended in sub section (a) by striking "and" at the end of paragraph (1) and by adding a new paragraph immediately following paragraph (1), to be designated paragraph (1.1), to read as follows:
"(1.1) Make criminal history records maintained by the center available to any county board of registrars or county board of registration and election. Any such board shall, at the time of the request, provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth. Such records shall be requested for the sole purpose of verification of information provided on voter regis tration cards by registration applicants; and"
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Simpson of the 70th moved that the House adopt the report of the Committee of Conference on HB 1204.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Abemathy Y Adams Y Aiken YAlford
Alien Y Athon
Y Atkins Y Bailey Y Baker Y Balkcom Y Bannister YBarfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Beck Y Benefield YBenn Y Birdsong Y Bishop Y Boatick Y Branch Y Breedlove
Brooks Y Brown
Buck Y Buford YByrd Y Campbell
Y Carrell Y Carter Y Chambless Y Chance Y Cheeks

Y Childers
Clark,B Y Clark,H
Y Clark,L Y Coleman Y Colwell Y Connell
Couch Y Crawford
Crosby Y Cummings.B Y Cummings.M
Y Davis,C Y Davis,G Y Davis,M
Diion,H Y Dixon,S Y Dobbs Y Dover
YDunn Y Edwards
YEhrhart Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Foster
YGodbee Goodwin
Y Green Y Greene
Gresham Griffin Y Groover Y Hamilton Hanner

Y Harris
Y Hasty Y Heard Y Herbert Y Holcomb Y Holland Y Holmes
Y Hooks Y Howren Y Hudson Ylrwin Ylsakson Y Jackson,J
Jackson.W Y Jamieson Y Jenkins Y Johnson Y Jones Y Kilgore Y Kingston YLane,D YLane,R
Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton Y Mangum Y Martin YMcCoy Y McDonald Y McKelvey

On the motion, the ayes were 152, nays 0.

McKinney.B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Pannell YParham YParrish Y Patten Y Pettit
Pinkston YPoag Y Porter YPoston Y Powell YRandall
Y Ransom YRay Y Reaves Y Redding Y Richardson Y Ricketson
Robinson Y Royal YSelman Y Simpson Y Sinkfield

Y Smith,L
Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y StanciLS Y Stanley
Steele Y Stephens Y Streat YTeper
Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert
Y Townsend Twiggs
Y Vaughan Y Waddle
Walker.C Y Walker,L
YWall Ware
Y Watson Y Watts Y White
Wilder Y Williams.B
WiUiamsJ Y Yates Y Yeargin
Murphy,Spkr

3010

JOURNAL OF THE HOUSE,

The motion prevailed.

HB 1752. By Representatives Ware of the 77th, Groover of the 99th, Ricketson of the 82nd, Griffin of the 6th, Lawson of the 9th and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Anno tated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage; to provide that uninsured motorist coverage shall be offered to an applicant and the applicant shall request such optional coverage in writing.

Representative Groover of the 99th moved that the House adopt the report of the Committee of Conference on HB 1752.

Representative White of the 132nd moved that the Committee of Conference on HB 1752 be printed and distributed.

The following communication was received and read:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1089 through 1091, who have registered in the Docket of Legislative Appearance as of March 9, 1990, 2:30
p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 9th day of March, in the year of our Lord One Thousand Nine Hundred and Ninety and of the Independence of the United States of America the Two Hundred and Fourteenth.

(SEAL)

/s/ Max Cleland Secretary of State

1089. Trip Martin Mead Corporation Suite 2075 950 East Paces Ferry Road Atlanta, Georgia 30326
1090. Terry Hobbs AT&T 1200 Peachtree Street Suite 5024 Atlanta, Georgia 30309

1091. S. Christophe Hagin Metro Business Publications Georgia Aids 1597 Hebron Lane Riverdale, Georgia 30296

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:

Mr. Speaker:

FRIDAY, MARCH 9, 1990

3011

The Senate has passed by the requisite constitutional majority the following Bills of the House:

HB 2001.

By Representatives Padgett of the 86th, Ransom of the 90th, Brown of the 88th, Connell of the 87th and Walker of the 85th:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of the solicitor of the state court.

HB 2041. By Representative Carrell of the 65th:
A bill to amend an Act creating a Board of Commissioners of Walton County, so as to change the manner in which members of the board are elected; to provide for meetings; to change the power to contract.

HB 2044. By Representatives Chambless of the 133rd and Balkcom of the 140th:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to change the county supplements for the judges of that circuit.

HB 2056. By Representative Greene of the 130th:
A bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of the city.

HB 2058. By Representatives Holland of the 136th and Hanner of the 131st: A bill to create a board of elections for Lee County, Georgia.

HB 2065. By Representatives Chambless of the 133rd, Cummings of the 134th, Balkcom of the 140th and White of the 132nd:
A bill to amend an Act creating a board of commissioners of Dougherty County, so as to change the compensation of the chairman and members of the board.

HB 2066. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act entitled "An Act to amend an Act providing a new board of commissioners of Henry County," so as to provide for a chairman of the board of commissioners of Henry County to be elected by the voters of Henry County voting on a county-wide basis; to provide that such chair man shall be the chief executive officer of the county.

HB 2073. By Representative Heard of the 43rd:
A bill abolishing the fee system of compensation for the judge of the Probate Court of Fayette County, so as to change the provisions relative to the com pensation of the judge of the Probate Court of Fayette County.

HB 2074. By Representative Heard of the 43rd:
A bill to amend an Act creating the office of tax commissioner of Fayette County, so as to change the provisions relative to the compensation of the tax commissioner of Fayette County.

3012

JOURNAL OF THE HOUSE,

HB 2075.

By Representative Heard of the 43rd:
A bill to amend an Act abolishing the fee system of compensation for the clerk of the Superior Court of Fayette County, so as to change the provisions relative to the compensation of the clerk of the Superior Court of Fayette County.

HB 2076.

By Representatives Alford of the 57th, Athon of the 57th and Mangum of the 57th:
A bill to provide for the election of future members of the board of education of the Rockdale County School District on a nonpartisan basis; to provide that such nonpartisan primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A..

HB 2080.

By Representatives Carrell of the 65th and Mobley of the 64th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to change the powers and duties of the city manager; to authorize retention of stag gered two-year terms of office.

HB 2081. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Jamieson of the llth:
A bill to amend an Act to amend, revise, consolidate, and supersede the sev eral Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, so as to change the time and manner of electing the mayor and council; to provide for terms.

HB 2082. By Representatives Barnett of the 59th and Mobley of the 64th:
A bill to amend an Act incorporating the City of Snellville, so as to change the corporate limits of the city.

HB 2084.

By Representatives Byrd of the 153rd and Moody of the 153rd:
A bill to amend an Act incorporating the City of Santa Claus in Toombs County and providing a new charter for said city, so as to expand the corpo rate limits of said city.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

SB 232. By Senators Scott of the 2nd, Allgood of the 22nd and Hammill of the 3rd:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportunities without regard to certain factors and conditions; to provide a short title; to provide for legislative intent; to provide for definitions; to pro hibit certain employment related conduct and permit other such conduct.

SB 250. By Senator Kidd of the 25th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the certification and regu lation of certain real estate appraisers; to provide a short title; to provide definitions; to create the Georgia Real Estate Appraisers Board and provide for the membership, qualifications, terms, officers, powers, duties, authority, compensation, expenses, quorum, practices, and procedures thereof.

FRIDAY, MARCH 9, 1990

3013

SB 411. By Senator Pollard of the 24th:
A bill to amend Code Section 20-2-292 of the Official Code of Georgia Anno tated, relating to sparsity grants under the "Quality Basic Education Act," so as to provide that certain school systems shall continue to receive sparsity grants.

SB 417. By Senators Kidd of the 25th, Walker of the 43rd and Shumake of the 39th:
A bill to amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council and the establishment of flexible employee benefit plans, so as to provide that the employee welfare benefits under flexible employee benefit plans may be operated as a self-insured plan in whole or in part or by contract with an authorized company.

SB 468. By Senator Kidd of the 25th:
A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Equipment Financing Authority Act," so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the provisions relating to the effect of Article 10 of Chapter 7 of Title 31 on statutes which require competitive bidding.

SB 472. By Senator Kidd of the 25th:
A bill to amend Code Section 15-9-34 of the Official Code of Georgia Anno tated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for con tempt.

SB 486. By Senator Kidd of the 25th:
A bill to amend Chapter 4 of Title 21 of the Official Code of Georgia Anno tated, the "Recall Act of 1989," so as to define "legal sufficiency"; to provide for written notice to the public officer named for recall of the official issu ance of an application for recall petition for circulation and of the filing of such completed application for verification; to provide for filing applications for recall exceeding one page in length.

SB 519. By Senators Edge of the 28th, Dawkins of the 45th and Howard of the 42nd:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide for the preparation of hazardous waste reduction plans by hazardous waste generators and for annual progress reports in connection therewith.

SB 545. By Senators Gillis of the 20th, Dawkins of the 45th and English of the 21st:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for mandatory drug testing for certain state officials and employees and candidates for certain state offices; to provide for legislative findings; to provide for definitions; to pro vide for conditions, practices, procedures, and requirements connected with such testing.

2914

JOURNAL OF THE HOUSE,

(8) Homicide. 19-1-4. (a) There is created the State-wide Child Fatality Review Panel which shall
as follows: One district attorney; One juvenile court judge; (3) One citizen member who is not employed by or an officer of the state or any
political subdivision thereof; (4) One forensic pathologist; (5) The chairman of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Depart
ment of Human Resources; and (7) The director of the Georgia Bureau of Investigation.
(b) Members of the panel specified in paragraphs (1) through (4) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin July j^ 1990, and expire June 30, 1992, and until their respective successors are appointed and qualified. Thereafter, successors to such members whose terms of office are to expire shall be appointed for terms beginning on July 1 of the year in which such terms expire and shall serve for terms of two years and until their respective successors are appointed and qualified. Vacancies in the membership of the panel so appointed shall be filled in the same manner as the original appointment for the unexpired term of office. Members of the panel specified in paragraphs (5) through (7) of subsection (a) of this Code section shall serve during the time such persons hold the offices or position specified therein.
(c) Those members of the panel described in paragraphs (4) through (7) of subsec tion (a) of this Code section shall receive no additional compensation for their services on the panel but shall receive the same daily expense and travel or mileage allowance authorized for members of the General Assembly for service on interim study commit tees, which shall be payable from the department or agency of which such member is an employee or officer. The remaining members of the panel shall receive from state funds no compensation, expenses, or allowances for such services on the panel.
(d) The chairman of the Board of Human Resources shall serve as chairman of the panel. The panel shall meet yearly to review the reports of committees and shall meet when requested to do so by the Governor. The chairman shall review each report sub mitted to the panel by a committee and may call a special meeting of the panel to review any report when the chairman has concluded the report warrants expedited review and has been requested by the submitting committee to make such expedited review.
(e) At the end of each calendar year, the panel shall submit a report to the Governor regarding the prevalence and circumstances of child fatalities in the state, recommend measures to reduce such fatalities caused by other than natural causes, and shall address in the report the following issues:
(1) Whether the deaths could have been prevented; (2) Whether the children were known to any state or local agency; (3) Whether agency intervention could have prevented their deaths;
(4) Whether policy, regulatory, or statutory changes are called for as a result of these findings; and
(5) Whether any referral should have been made to a law enforcement agency which was not made.
(f) The panel shall also establish procedures for the conduct of investigations by committees into deaths of children and may obtain the assistance of child protection professionals in establishing such procedures.
19-1-5. Meetings and proceedings of:
(1) A committee in the exercise of its duties shall be closed to the public and shall not be subject to Chapter 14 of Title 50, relating to open meetings;
(2) The panel shall be open to the public as long as information identifying a deceased child, any family member of the child, or alleged or suspected perpetrator of abuse upon the child is not disclosed during such meetings or proceedings, but the

FRIDAY, MARCH 9, 1990

2915

panel is authorized to close such meeting to the public when such identifying informa tion is required to be disclosed to members of the panel in order for the panel to carry out its duties. 19-1-6. (a) Records and other documents which are made public records pursuant to any other provisions of law shall remain public records notwithstanding their being obtained, considered, or both, by either a committee or the panel. (b) Notwithstanding any other provision of law to the contrary, reports of a commit tee made pursuant to Code Section 19-1-3 and reports of the panel made pursuant to Code Section 19-1-4 shall be public records and shall be released to any person making a request therefor but the panel or committee having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse. (c) Statistical compilations of data by a committee or the panel based upon informa tion received thereby and containing no information which would permit the identifica tion of any person shall be public records. (d) Members of a committee or of the panel shall not disclose what transpires at any meeting other than one made public by Code Section 19-1-5 nor disclose any informa tion the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter. Any person who knowingly violates this subsection shall be guilty of a misdemeanor. (e) A person who presents information to a committee or the panel or who is a mem ber of either body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential information obtained by such person as a result of serving as a member of either body. This subsection shall not be construed to prohibit any person from testifying regarding information obtained independently of a committee or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge. (f) Except as otherwise provided in this Code section, information acquired by and records of a committee or the panel shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal pro ceeding. (g) A member of a committee or the panel shall not be civilly or criminally liable for any disclosure of information made by such member as authorized by this Code sec tion."
Section 2. Nothing in this Act shall be construed to authorize or require the inspec tion of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state.
Section 3. Those provisions of this Act relating to and necessary for purposes of appointing members of the child abuse protocol committees and the State-wide Child Fatality Review Panel shall become effective when this Act is approved by the Governor or becomes law without such approval. The remaining provisions of this Act shall become effective July 1, 1990.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Smyre of the 92nd moved that the House adopt the report of the Committee of Conference on HB 1318.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron
Y Abernathy Y Adams

Y Aiken
Y Alford Y Alien

Athon
Y Atkins Y Bailey

Y Baker
Y Balkcom Y Bannister

Y Barfoot
Bargeron Y Barnett,B

2916

JOURNAL OF THE HOUSE,

Y Barnett,M Bates Beck
Y Benefield Benn
Y Birdsong Y Bishop
Bostick Y Branch Y Breedlove Y Brooks Y Brown
YBuck Buford
YByrd Y Campbell Y Carrell Y Carter Y Chambless Y Chance Y Cheeks Y Childera
Clark.B Clark.H
Clark,L Y Coleman
Colwell Y Connell Y Couch Y Crawford
Y Crosby Y Cummings,B Y Cummings,M

Y Davis,C
Davis.G Y Davis.M Y Dixon.H Y Dixon.S YDobbs
Y Dover Dunn
Y Edwards Y Ehrhart Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Foster YGodbee Y Goodwin Y Green Y Greene
Gresham Y Griffin
Groover Y Hamilton Y Hanner
Y Harris Y Hasty Y Heard Y Herbert Y Holcomb Y Holland
Y Holmes Y Hooks Y Howren

Y Hudson
Ylrwin Isakson
Y Jackson,J Y Jackson, W Y Jamieson
Jenkins Johnson Y Jones
Y Kilgore Y Kingston Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson YLee Y Linder
Long YLord
Lucas Y Lupton
Mangum Y Martin YMcCoy Y McDonald Y McKelvey
McKinney,B
Y McKinney.C Y Meadows YMilam Y Mobley Y Moody

Y Morton Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Pannell YParham Y Parrish
Patten Y Pettit Y Pinkston YPoag Y Porter Y Poston Y Powell
Randall Ransom YRay
Redding Y Richardson Y Ricketson Y Robinson Y Royal YSelman Y Simpson Y Sinkfield Y Smith,L Y Smith,P Y Smith.T

On the motion, the ayes were 148, nays 0. The motion prevailed.

Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley YSteele Y Stephens Y Streat YTeper Y Thomas.C Y Thomas,M Y Thompson Y Thurmond Y Titus Y Tolbert Y Townsend YTwiggs Y Vaughan
Waddle Walker.C Y Walker,L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Williams,,! YYates Y Yeargin MurphytSpkr

HB 1319.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for defi nitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1319

The Committee of Conference on HB 1319 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1319 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ A. Quillian Baldwin, Jr. Senator, 29th District
J. Nathan Deal Senator, 49th District
/s/ C. Donald Johnson Senator, 47th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Mary Margaret Oliver Representative, 53rd District
/s/ Pete Robinson Representative, 96th District
/s/ Calvin Smyre Representative, 92nd District

FRIDAY, MARCH 9, 1990

2917

A BILL
To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to child abuse records, so as to provide for definitions; to change the per sons having access to such records and information contained therein and provide conditions for certain disclosures; to prohibit certain conduct relating to such records and information contained therein and provide penalties therefor; to provide immunity for cer tain disclosures; to prohibit certain information from being made a part of records which are open to the public and provide an exception; to limit certain inspections of records or release of information which would result in loss of federal funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to child abuse records, is amended by striking Code Section 49-5-40, declar ing certain records to be confidential, and inserting in its place a new Code section to read as follows:
"49-5-40 (a) As used in this article, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of disci pline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child. (4) 'Sexual exploitation' means conduct by a child's parent or caretaker who
allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print
medium depicting such conduct, as defined in Code Section 16-12-100. (b) Each and every record concerning reports of child abuse and neglect and child controlled substance or marijuana abuse which is in the custody of the department or other state or local agency is declared to be confidential, and access thereto is prohibited except as provided in Code Section 49-5-41 and Code Section 49-5-41.1."
Section 2. Said article is further amended by striking Code Section 49-5-41, relating to persons permitted access to child abuse records, and inserting in its place the following:
"49-5-41. (a) Notwithstanding Code Section 49-5-40, the following persons or agen cies shall have reasonable access to such records concerning reports of child abuse ad deprivation:
(1) A legally mandated, public or private, child protective agency of this state or any other state bound by similar confidentiality provisions and requirements which is investigating a report of known or suspected child abuse er deprivation or treating a child or family which is the subject of a report or record;
(2) A court, by subpoena, upon its finding that access to such records may be nec essary for determination of an issue before such court; provided, however, that the court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence;
(3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; and
(4) A district attorney of any judicial circuit in this state or any assistant district attorney who may seek such access in connection with official dutyv ]
(5) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child con cerning whom the report was made, shall disclose only whether the investigation by

3018

JOURNAL OF THE HOUSE,

HB 1297. By Representatives Selman of the 32nd, Lane of the 27th, Herbert of the 76th and Greene of the 130th:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school prop erty or at school functions and require certain reports thereof to be made to the appropriate police authority or district attorney; to provide for immunity from liability.

HB 1316.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made.

HB 1317.

By Representatives Oliver of the 53rd, Smyre of the 92nd, Thompson of the 20th, Hooks of the 116th, Lawson of the 9th and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to pro vide for definitions; to provide for the purpose of such registry.

HB 1318.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Thompson of the 20th, Lawson of the 9th, Hooks of the 116th and others:
A bill to amend Chapter 1 of Title 19 of the Official Code of Georgia Anno tated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such commit tees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoe nas.

HB 1319.

By Representatives Smyre of the 92nd, Oliver of the 53rd, Lawson of the 9th, Hooks of the 116th, Robinson of the 96th and others:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for defi nitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures.

HB 1350.

By Representative Randall of the 101st:
A bill to amend Code Section 17-6-72 of the Official Code of Georgia Anno tated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto.

HB 1381.

By Representative Kingston of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to pro vide for an extension of time for filing certain intangible property tax returns or other documents.

FRIDAY, MARCH 9, 1990

3019

HB 1385. By Representatives McDonald of the 12th, Kilgore of the 42nd, Watson of the 114th, Connell of the 87th, Benefield of the 72nd and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, the "Ethics in Government Act," so as to provide that campaign finance disclosure reports shall include the occupation or place of employ ment of certain contributors.

HB 1521. By Representatives Aiken of the 21st, Ehrhart of the 20th, Mueller of the 126th, Benn of the 38th and Yeargin of the 14th:
A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commis sion, so as to require designated local school system administrators to give written report to the commission upon obtaining reliable information that any school system educator has committed certain designated crimes under Georgia law.

HB 1523.

By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to change provisions relating to the election of superior court judges.

HB 1554. By Representatives Clark of the 20th and Jackson of the 9th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circum stances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Har bor on December 7, 1941.

HB 1314. By Representatives Murphy of the 18th, McDonald of the 12th, Walker of the 115th, Smyre of the 92nd, Lawson of the 9th and others:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1990 and ending June 30, 1991.

HB 1617.

By Representatives Richardson of the 52nd and Lawson of the 9th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow the juve nile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees.

HB 1763. By Representatives Alford of the 57th, Watson of the 114th, Couch of the 36th and Coleman of the 118th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons owning, leasing, or operating such lines in this state; to provide for the con struction and operation of rapid rail passenger service lines generally.

3020

JOURNAL OF THE HOUSE,

HR 836. By Representatives Coleman of the 118th, Dover of the llth, Royal of the 144th, Balkcom of the 140th, Godbee of the 110th and others:
A resolution proposing an amendment to the Constitution so as to provide that all real property shall be appraised and assessed for ad valorem taxation on the basis of its current use value.

The Senate has adopted the report of the second Committee of Conference on the fol lowing Bills of the House:

HB 1204.

By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Anno tated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registra tion and election.

HB 951. By Representatives Murphy of the 18th, Colwell of the 4th, Griffin of the 6th, Twiggs of the 4th and McCoy of the 1st:
A bill to amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the "Quality Basic Education Act," so as to repeal the provisions relating to automatic repeal of certain provisions.

The Senate has agreed to the House amendments to the Senate substitutes to the fol lowing Bills of the House:

HB 1171.

By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration, so as to provide for certain ran dom drug testing of certain state employees; to provide for definitions.

HB 1827.

By Representatives Isakson of the 21st, Heard of the 43rd and Byrd of the 153rd:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding build ings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals.

The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bill of the House:

HB 1512. By Representatives Pettit of the 19th, Thomas of the 69th, Chambless of the 133rd, Simpson of the 70th and Robinson of the 96th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the pro visions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.

The Senate recedes from its disagreement and agrees to the House substitute to the following Bill of the Senate:

FRIDAY, MARCH 9, 1990

3021

SB 608. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," so as to change the maximum penalty to $100,000.00.

The Senate recedes from its amendments no. 2 and no. 3 to the House substutute to the following Bill of the Senate:

SB 484. By Senator Kidd of the 25th:
A bill to amend Code Section 49-5-10 of the Official Code of Georgia Anno tated, relating to the commitment of delinquent or unruly children to the Department of Human Resources, so as to provide that at any time a delin quent or unruly child committed to the department becomes incorrigible and unmanageable, the department may petition the court of original jurisdiction to have such child transferred to the custody of the Department of Correc tions.

The Senate recedes from its amendment to the House substitute to the following Bill of the Senate:

SB 711. By Senators Bowen of the 13th, Parker of the 15th and Pollard of the 24th:
A bill to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and prop erty and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide exceptions for buildings protected by approved automatic sprinkler systems.

The Senate recedes from its amendment to the following Resolution of the House:

HR 761. By Representatives Thompson of the 20th, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st, Howren of the 20th and others:
A resolution commending James R. "Dick" Hunter and designating the Dick Hunter Memorial Bridge.

The Senate recedes from its substitute to the following Resolution of the House:

HR 912. By Representatives Abernathy of the 39th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, McDonald of the 12th and others:
A resolution relative to establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; establishing a con ference steering committee.

The Senate had adopted by the requisite constitutional majority the following Resolu tions of the House:

HR 1179. By Representatives McKinney of the 40th, Sinkfield of the 37th, McKinney of the 35th, Hanner of the 131st, Benn of the 38th and others:
A resolution designating March 1 to April 1, 1990, as "Census Month in the State of Georgia".

3022

JOURNAL OF THE HOUSE,

HR 1101.

By Representatives Bargeron of the 108th, Cummings of the 134th, Brooks of the 34th, Godbee of the 110th, Thomas of the 31st and others:
A resolution urging the conveyance of the Boggs Academy property to the Boggs Community Development Corporation.

The hour of adjournment having arrived, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION
PART I - ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART I1 -NUMERICAL TABULATION (House Bills)
PART I11 - NUMERICAL TABULATION (House Resolutions)
PART IV - NUMERICAL TABULATION (Senate Bills in House)
PART V - NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PARTI
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT, CHILD; House Abandonment of Infants Study Committee; create.................................................................................................................HR 68
ABANDONMENT, PROPERTY Derelict motor vehicle; disposition ...................................................................................SB 451 Motor vehicle; liens; filing fee ...........................................................................................SB 328 Motor vehicle; removal and storage...................................................................................KB 74 Motor vehicle; towing; law enforcement officer furnish information ..........................SB 450 Removal of vehicle improperly parked............................................................................HB 212
ABUNDANT LIFE CHURCH; tenth Anniversary; commend ................................HR 1109 ACWORTH, CITY OF; corporate limits.......................................................................HB 1995 AD VALOREM TAX
Ad Valorem Assessment Review Commission; appraiser member; certification....................................................................................................................HB 1206
Agricultural, horticultural or forest land - CA.................................................................HR 15 Agricultural land; present use.............................................................................................HB 47 Agricultural land; preferential assessment; file date...................................................HB 1335 Annual reports containing millage rate.........................................................................HB 1540 Assess property at current use value - CA.....................................................................HR 836 Assessment; limit increase - CA.......................................................................................HR 718 Boards of equalization; appeals; authorization ..............................................................HB 846 Boards of tax assessors; removal from office; number of petitioners.......................HB 1176 Certain property; transferor's liability ............................................................................HB 586 Civil practice; land levies; notification ..........................................................................HB 1811 County Board of Education; funds for collection
of unpaid school taxes..................................................................................................HB 1177 County boards of equalization; membership; appointments......................................HB 1460
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3086

INDEX

AD VALOREM TAX (Continued) County boards of equalization; notice of appeal; filing fee........................................HB 1660 County digest; furnish copies............................................................................................HB 387 County school district; ad valorem tax; rate limitation..............................................HB 1542 Deeds conveying property; address requirement ...........................................................HB 389 Digest disapproval; additional assessment....................................................................HB 1702 Disapproval of digests; repeal certain withholding provisions ..................................HB 1730 Disapproved county digests; collection..........................................................................HB 1700 Education; other sources of revenue - CA......................................................................HR 167 Education; reduce mill limitation - CA...........................................................................HR 111 Executions against public utilities .................................................................................HB 1703 Exempt certain veterans organizations; referendum.....................................................HB 266 Exempt timber; provide timber yield tax - CA .............................................................HR 726 Freeport exemption; annual application .......................................................................HB 1211 Freeport exemption; reduction .......................................................................................HB 1664 Homestead exemption; assessment - CA........................................................................HR 716 Homestead exemption; certain veterans; benefits for surviving spouses...................HB 508 Homestead property; separate class - CA.......................................................................HR 717 House Ad Valorem Property Taxation Study Committee; create ..............................HR 722 Income tax; credit for certain homesteads or farms .....................................................HB 717 Industrial area; removal of property - CA.......................................................................SR 386 Interest on late payments..................................................................................................HB 776 Inventory; filing for exemption.........................................................................................HB 439 Judicial sales; prepayment costs; requirements .............................................................HB 935 Landmark historic property; fair market value ...........................................................HB 1578 Local school boards; other sources of revenue - CA .......................................................HR 72 Mobile homes; decals; requirements..............................................................................HB 1425 Motor vehicle license plates; free for certain veterans .................................................HB 572 Motor vehicles; licensing and registration; tax returns; date.......................................HB 694 Motor Vehicles; revise Code............................................................................................HB 1360 Property appraisers; termination of employment on qualifying for public office.............................................................................................................HB 1338 Property assessed on its existing use...............................................................................HB 312 Property assessed on its existing use............................................,..................................HB 406 Property assessed on its existing use...............................................................................HB 418 Property; land bank authorities; establish....................................................................HB 1662 Property of hospital authorities; exemption...................................................................HB 683 Rate increase; limitation..................................................................................................HB 1543 Reevaluation or reappraisal program; reduction..........................................................HB 1395 Sales tax; increase; relief ...................................................................................................HB 585 Standing timber; alternative method of taxation - CA................................................HR 704 Standing timber; exemption..............................................................................................HR 706 Standing timber; fair market value ...............................................................................HB 1539 Standing timber part of real estate ...............................................................................HB 1646 Tax assessors; deficiency assessments ...........................................................................HB 2091 Tax officials; executions against public utilities; issuance.........................................HB 1480 Tax receivers; duties.........................................................................................................HB 1298 Tax relief; elderly - CA......................................................................................................HR 238 Tax sales; advertisements; written notice of execution..............................................HB 1620 Tax sales; surplus from property sale; amend provisions..........................................HB 1300 Taxation; transfer of ownership of property; liability of purchaser .........................HB 2089 Value and millage rates by local tax officials.................................................................HB 930 Youth programs; additional purpose.............................................................................HB 1508
ADAIR, DR. CHARLES; commend................................................................................HR 985
ADAMS, OSCAR; compensate..........................................................................................HR 825
ADAMSON, JEFFREY DEAN; commend ...................................................................HR 902

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INDEX

3087

ADDIS, PAUL AND HELEN; 50th Anniversary; commend...................................HR 1155
ADJOURNMENT Adjourn 1/12/90; reconvene 1/22/90 .................................................................................SR 292 Adjourn 2/09/90; reconvene 2/12/90 .................................................................................SR 433 Adjourn 2/15/90; reconvene 2/19/90................................................................................HR 863 Adjourn 2/22/90; reconvene 2/26/90.................................................................................SR 474 Adjourn 3/1/90; reconvene 3/5/90.....................................................................................SR 496 Adjourn 3/7/90; reconvene 3/9/90 ..................................................................................HR 1074 Adjourn Sine Die; Extraordinary Session 9/15/89 ......................................................SR 5 EX
ADMINISTRATIVE PROCEDURE Administrative Procedure Act; certain Boards and Department; rules......................SB 556 Board of Regents; Education Department, Board of Education; rules....................HB 1520 Handgun Roster Board; create .........................................................................................HB 189 Hearings; private session ....................................................................................................SB 346 Human Resources; rules; grant variances and waivers ...............................................HB 1457 Lobbying; certain state officials; registration..................................................................SB 265 Medical Assistance Department; certain agency rules; requirements ......................HB 1053 Natural Resources, Board of; judicial review of decisions; hearing.............................SB 534 Real Estate Appraiser License and Certification Act; enact .....................................HB 1287
ADMINISTRATIVE SERVICES, DEPARTMENT OF GeorgiaNet Authority; create..........................................................................................HB 1757 Local governments procure services at competitive prices ...........................................SB 617 Paper products manufactured from recycled paper; purchase; urge..........................HR 816 Public contracts; bids; certain amount..........................................................................HB 1720 Public records; computer programs or software; exceptions.........................................SB 699 Self-sufficiency Trust Fund for Mentally Disabled; create .......................................HB 1558 State government; in-state vendors; preference..............................................................SB 613 State government; vendor invoices; publication of aging reports ................................SB 236
ADMINISTRATORS AND EXECUTORS (Also, see Wills, Trusts and Administration of Estates) Bond requirements; waiver..............................................................................................HB 1744 Estates; certain powers of administrator ........................................................................HB 357 Estates; temporary administrator for deceased person ................................................HB 147 Fee schedules.....................................................................................................................HB 1096
ADOPTION; Parental rights; failure to care for child .......................................................................HB 1409 Revise provisions .................................................................................................................SB 443
ADVERTISING Gambling, seizure; advertisement for two months ......................................................HB 1157 Honey and imitation honey; mislabeling penalty ........................................................HB 1654 Legal advertisements; change rates ..................................................................................SB 271 Local legislation; advertisement; authorization..............................................................HB 522 Sales tax; certain transactions outside of state..............................................................HB 442 Sales tax; solicitation; definition of dealer ...................................................................HB 1346
AFRO-AMERICAN POLICE LEAGUE OF ALBANY; commend ....................HR 1080
AGENCIES (See named Agency or State Government)
AGRICULTURE Ad valorem tax; agricultural, horticultural or forest land - CA....................................HR 15 Ad valorem tax; agricultural land; preferential assessment; file date ..........................................................................................................................HB 1335 Ad valorem tax; exempt timber; provide timber yield tax - CA.................................HR 726

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3088

INDEX

AGRICULTURE (Continued) Ad valorem tax; land; present use .....................................................................................HB 47 Agricultural Exposition Authority; membership; compensation ...............................HB 1374 Animal Protection Act; amend .......................................................................................HB 1366 Animal Protection Act; definition of stable .................................................................HB 1241 Boll weevil eradication; assessments..............................................................................HB 1244 Cigarettes; excise tax..........................................................................................................HB 691 Cigarettes; increase tax......................................................................................................HB 233 Commissioner of Agriculture; appointment - CA..........................................................HR 711 Crimes; cockfighting; penalty..........................................................................................HB 1572 Dimension lumber; grading; standards.............................................................................SB 665 Dogs and cats; euthanasia by animal shelters................................................................HB 671 EBDC fungicides and Benamyl on certain vegetables; urge continued use..............HR 624 Emerging Crops Fund; provisions..................................................................................HB 1105 Emerging crops loan fund; appropriation - CA.............................................................HR 466 Emerging crops loan fund; appropriation - CA .............................................................HR 796 Environmental Protection Act of 1990..........................................................................HB 1362 Farm Animal and Research Facilities Protection Act; provide....................................SB 575 Farmers' market; rental or leasing property ...................................................................SB 518 Federal Crop insurance program; urge continuation....................................................HR 961 Food containing certain pesticide residues; adulterated and unsafe...........................SB 516 Georgia Agricultural Commodities Promotion Act; enact............................................HB 745 Georgia Agrirama Development Authority Overview Committee; establish ...........HB 1889 Georgia Water Authority; create ....................................................................................HB 1820 Highways; loads of tobacco or cotton; limits; exceptions ...........................................HB 1669 Honey and imitation honey; mislabeling penalty ........................................................HB 1654 Honeybees; certain diseases; powers of Commissioner of Agriculture .....................HB 1367 Livestock; control of disease; enforcement......................................................................SB 517 Nurserymen and landscapers; agriculture priority during water shortages................................................................................................................HR 388 Peanuts; 1990 farm bill; urge change in certain provisions.........................................HR 962 Pest control; applications; post certain signs.................................................................HB 204 Pesticides; aerial contractor; licensing.............................................................................HB 552 Pesticides; licensing requirements of applicators........................................................HB 1826 Sanitarians and environmental health specialists; regulation .....................................HB 135 Schools; use of tobacco on premises; prohibitions.........................................................HB 975 Secretary of State; certain authorities; remove from membership ..............................SB 460 Seed Development Commission; peanuts produced as seed; prohibit assessment......................................................................................................HB 1365 Smoking in public places; amend provisions..................................................................HB 707 State officials; election by plurality - CA.........................................................................HR 24 Structural pest control; certain records; inspection....................................................HB 1770 Structural Pest Control Commission; composition .....................................................HB 1103 Tobacco products; regulate sales......................................................................................HB 462 Vidalia onion; official vegetable; designate...................................................................HB 1571 Warehousemen; leaf tobacco sales; repeal certain provisions......................................HB 923 Wholesale fish dealers; fees for nonresidents.................................................................HB 672
AIR POLLUTION Environmental Policy Act; enact......................................................................................HB 949 Gasoline service stations; certain requirements; applicability......................................SR 432
AIRBORNE FORCES OF UNITED STATES ARMY Fiftieth Anniversary; commend .........................................................................................SR 486
AIRLINES AND AIRPORTS (See Aviation)
ALAN C. POPE HIGH SCHOOL; commend...............................................................HR 741

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INDEX

3089

ALAPAHA, TOWN OF; mayor and councilmen; election.........................................HB 1823
ALBANY AREA ARTS COUNCIL; commend.........................................................HR 1083
ALBANY, CITY OF Chehaw Park Authority; quorum requirement ............................................................HB 1015 Mayor and city commission; commend.........................................................................HR 1135 Mayor and commissioners; election.................................................................................HB 963
ALBANY HIGH SCHOOL BOYS' BASKETBALL TEAM; commend............HR 1168
ALCOHOLIC BEVERAGES AND ALCOHOLISM Additional fines for certain offenses..............................................................................HB 1139 All-terrain vehicles; regulation..........................................................................................HB 682 Bailable offense before superior court judge; minimum bail.....................................HB 1339 Chemical test; hearings; introduction of certain evidence .........................................HB 1375 Consumption on premises; prohibit presence of persons under 21 ..........................HB 1236 Controlled substances and dangerous drugs; amend list............................................HB 1377 Controlled substances; certain violations; imprison without parole.........................HB 1868 Controlled substances; distributing to unborn child; penalty ...................................HB 1393 Controlled substances; forfeit; stay until conviction ...................................................HB 1376 Controlled substances; forfeitures; amend provisions....................................................SB 146 Controlled substances; offenses within certain distance of school; penalty...............................................................................................................HB 1394 Controlled substances; sales to minors; penalty............................................................HB 349 Controlled substances; sales to minors; penalty ............................................................HB 793 Controlled substances; selling; possession; penalty .....................................................HB 1368 Controlled substances; violations; fines.........................................................................HB 1345 Distilled spirits, beer and wine; excise tax.....................................................................HB 690 Distilled spirits; excise tax................................................................................................HB 479 Distilled spirits; excise tax; stamps................................................................................HB 1121 Distilled spirits; retail dealers; residing requirement......................................................HB 97 Driver improvement clinics; required drug and alcohol course.................................HB 1458 Driver's license; suspension for juveniles; certain acts ....................................................SB 68 Driver's license; suspension; probationary license; eligibility....................................HB 1197 Driving under the influence; certain conviction; contraband ....................................HB 1156 Driving under the influence; probationary driver's license; amend provisions............................................................................................................HB 663 Driving under the influence; seizure of vehicle; certain violations.............................HB 507 Driving under the influence; under age 18; license suspension.................................HB 1268 Drug Demand Reduction Fund; drug abuse education ..............................................HB 1348 Drug-free Georgia Study Committee; create ..................................................................HR 981 Drug-free Postsecondary Education Act; enact...........................................................HB 1231 Drug-free Postsecondary Education Act; enact...........................................................HB 1265 Drug-free Public Work Force Act; enact .........................................................................SB 500 Drug-free Public Work Force Act of 1990; enact........................................................HB 1203 Drug offenses; additional penalty assessments..............................................................HB 651 Drug trafficking; minors; penalty.....................................................................................HB 520 Education; courses concerning alcohol, smoking and drug abuse; requirement....................................................................................................................HB 1144 Family Preservation and Child Protection Reform Act; provide.................................SB 705 Georgia Employer Drug Testing Act; provide..............................................................HB 1866 Hijacking vehicle transporting alcoholic beverages; penalty......................................HB 1205 Hotels; certain sales..........................................................................................................HB 2092 Joint Outpatient Drug Treatment Study Committee; create ......................................HR 692 Juvenile and criminal cases; fees for drug abuse education - CA...............................HR 591 Law enforcement and prison guards; controlled substances; felony offense.................................................................................................................HB 1387 Licensing; distance requirements .....................................................................................HB 168

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3090

INDEX

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Malt beverages; excise tax.................................................................................................HB 477 Open containers while driving; prohibitions...................................................................HB 537 Pardons and paroles; felony trafficking offenses; prohibitions - CA..........................HR 837 Prisons; random testing for alcohol and drug abuse...................................................HB 1547 Probation; ignition interlock device; installation............................................................SB 123 Public transit operators; drug-testing programs..........................................................HB 1801 Purchase by persons under 21; penalty.......................,.................................................HB 1448 Purchase from licensed dealer ........................................................................................HB 1303 Retail dealer; prohibit check-cashing center ...................................,............................HB 1120 Retail package stores; prohibit certain persons ...........................................................HB 1119 Schools; alcohol and drug course; requirement............................................................HB 1261 Schools; alcohol and drug course; requirement...............................................................SB 499 Serious traffic accident; chemical test; requirements .................................................HB 1478 Special elections; nongeneral election year; date.........................................................HB 1476 State contracts; drug-free workplace for employees..........................................................HB 9 State employees; random drug testing ..........................................................................HB 1264 State employment; drug testing .....................................................................................HB 1263 State-wide network of regional educational services agencies; local assistance ..............................................................................................................HB 1143 Student Organization Responsibility for Drug or Alcohol Abuse Act......................HB 1225 Sunday sales; certain date..................................................................................................SB 542 Transportation Department; dangers of driving under the influence; urge posting of signs.......................................................................................................HR 832 Unemployment compensation; drug abuse; disqualification of benefits..................HB 1416 Wine; excise tax ..................................................................................................................HB 478
ALFORD, CALVIN DEAN; 60th Birthday; commend .............................................HR 1201
ALFORD, EULA BYRON CANNON; 60th Birthday; commend ..........................HR 1202
ALIEN CORPORATIONS; annual registration; filing.................................................SB 537
ALIMONY AND CHILD SUPPORT Adoption; parental rights; failure to care for child .....................................................HB 1409 Adoption; parental rights; failure to care for child ........................................................SB 462 Alimony; certain cohabitation; modification ..................................................................HB 879 Child support award; jury not required to specify reason for deviation ..................................................................................................................HB 1165 Child support; computation of award............................................................................HB 1580 Child support; limitation on action .................................................................................HB 563 Child support receivers; increase fee.............................................................................HB 1689 Children; interference with visitation rights; penalties ..............................................HB 1357 Courts; hunting certain judges; jurisdiction .................................................................HB 2034 Divorce; undefended cases; appoint attorney for certain determination ................................................................................................................HB 1228 Employees' Retirement; domestic relations orders; requirements ..............................HB 302 Estates; year's support; certain property set apart .......................................................HB 460 Juvenile court; inquire into parents ability to pay certain child support ....................................................................................................HB 1615 Noncustodial parent; amend provisions...........................................................................SB 212 Paternity test; temporary child support; final judgment ..............................................SB 423 Salary deductions................................................................................................................HB 243 Uniform Reciprocal Enforcement of Support; representation by district attorney.......................................................................................................HB 1214
ALLGOOD, HONORABLE THOMAS F.; Senate Majority Leader; commend ..HR 1104
ALMA, CITY OF; Blueberry Capital of Georgia; recognize.......................................HR 1203

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INDEX

3091

% ALPHARETTA, CITY OF; new charter; create ...........................................................HB 662

f ALSOBBOOK, MR. CLARENCE; condolences...........................................................HR 925

V AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)

AMUSEMENTS Carnival Ride Safety Act; regulation................................................................................SB 570
Gambling; certain games or devices; exceptions .............................................................SB 412 Sales tax; tickets for certain nonprofit organizations; exemption.............................HB 1762

ANIMALS

Animal Protection Act; amend .......................................................................................HB 1366

Animal Protection Act; definition of stable .................................................................HB 1241

Boll weevil eradication; assessments..............................................................................HB 1244

Cane toad licking problem; urge study ...........................................................................HR 830

Crimes; cockfighting; penalty..........................................................................................HB 1572

Crimes; destroying police horse; penalty.........................................................................HB 425

Cruelty to animals; penalty.............................................................................................HB 1682

Cruelty to animals; penalty.............................................................................................HB 1768

Cruelty to animals; define offense.................................................................................HB 1926

Dogs and cats; euthanasia by animal shelters................................................................HB 671

Farm Animal and Research Facilities Protection Act; provide....................................SB 575

Georgia Animal Fighting Act; provide ..........................................................................HB 1767

Hunting at night; prohibitions..........................................................................................HB 363

,i

Hunting deer at night from boat or vehicle; amend provisions ..................................HB 987

\i

Hunting; suspension of privileges; negligence ................................................................HB 361

;

Hunting; turkey gobblers; closing season........................................................................HB 424

Hunting while intoxicated; criminal provisions .............................................................HB 360

Livestock; control of disease; enforcement......................................................................SB 517

Motor vehicle accidents; injuries to dog or cat................................................................HB 33

Police Academy; dogs and police officer dog handlers; training...............................HB 1201

Rabbits; slaughtering and processing; certain exceptions .............................................SB 119

Sales tax; fuel to heat structures for raising swine; exemption.................................HB 1468

Taxidermy Examiners, State Board of; create...............................................................HB 453

Wildlife; feeding certain animals; prohibit .....................................................................HB 264

ANNEXATION Certain counties; applicability ..........................................................................................HB 941 Certain counties; applicability; remove language ........................................................HB 1814 Counties; zoning procedures..............................................................................................HB 845 Municipalities; annexation of territories; requirements .............................................HB 1846 Municipalities; county approval .......................................................................................HB 465 Municipalities; remove certain prohibitions .................................................................HB 1845 Municipalities; repeal certain provision..........................................................................HB 504

ANTIDRUG PACKAGE Cashers of checks; licensing ............................................................................................HB 1208 Chemical test; hearings; introduction of certain evidence.........................................HB 1375 Conference on Children of Cocaine and Substance Abuse; establish............................................................................................................................HR 912 Controlled substances and dangerous drugs; amend list............................................HB 1377 Controlled substances and marijuana; certain offenses; proximity to schools .....................................................................................................HB 1216 Controlled substances and marijuana; proceeds from sales; forfeiture....................HB 1223 Controlled substances and marijuana; prohibit purchase ..........................................HB 1340 Controlled substances; convictions; examining board licenses; sanctions.........................................................................................................................HB 1266 Controlled substances; licensing sanction; certain occupation .....................................SB 503

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3092

INDEX

ANTIDRUG PACKAGE (Continued) Driver's license; delay issuance to persons under 16 years convicted of driving under the influence..................................................................HB 1185 Driver's license; suspension; possession of controlled substance...............................HB 1200 Driving under the influence; probationary driver's license; amend provisions............................................................................................................HB 663 Driving under the influence; under 18 years; license suspension..............................HB 1268 Drug abuse; trafficking in marijuana; punishment.....................................................HB 1436 Drug-free Postsecondary Education Act; enact...........................................................HB 1231 Drug-free Public Work Force Act; enact......................................................................HB 1267 Drug-free Public Work Force Act; enact.........................................................................SB 500 Drug-free Public Work Force Act of 1990; enact........................................................HB 1203 Drugs; additional fines for certain offenses..................................................................HB 1139 Education; courses concerning alcohol, smoking and drug abuse; requirement....................................................................................................................HB 1144 Georgia Development Authority; exclude persons for illegal drug activity...................................................................................................................HB 1160 Highways; rest areas; law enforcement; jurisdiction ...................................................HB 1435 Insurance agents and brokers; license suspension; certain offenses.........................HB 1169 Joint Outpatient Drug Treatment Study Committee; create......................................HR 692 Juvenile proceedings; designated felony act; definition..............................................HB 1243 Laws; relating to enactment..............................................................................................HR 871 Motor carriers; Public Service Commission personnel; inspection ...........................HB 1151 Police Academy; dogs and police officer dog handlers; training...............................HB 1201 Public transit operators; drug-testing programs..........................................................HB 1801 Qualifying for state office; mandatory drug testing ....................................................HB 1906 Residential Finance Authority; exclude persons for illegal drug activity...................................................................................................................HB 1159 Retirement; public employees convicted of certain crimes; forfeit benefits...............................................................................................................HB 1145 Revenue Commissioner; controlled substances; jeopardy assessment......................HB 1252 Schools; alcohol and drug course; requirement............................................................HB 1261 Schools; alcohol and drug course; requirement...............................................................SB 499 Selling or issuing checks; license exemption ................................................................HB 1240 State contracts; drug-free workplace for employees..........................................................HB 9 State contracts; illegal drug activity; preclude persons convicted ............................HB 1150 State employees; random drug testing ..........................................................................HB 1171 State employees; random drug testing..........................................................................HB 1264 State employees; random drug testing.............................................................................SB 502 State employment; drug testing .....................................................................................HB 1263 State-wide network of regional educational services agencies; local assistance..............................................................................................................HB 1143 Student Organization Responsibility for Drug or Alcohol Abuse Act......................HB 1225 Taxation; marijuana and controlled substances ............................................................HB 164 Transportation Department; dangers of driving under the influence; urge posting of signs.......................................................................................................HR 832 Workers' compensation; certain injury or death; benefits not allowable..................................................................................................................HB 1168 Workers' compensation; injured while under influence of drugs; benefits ...............................................................................................................HB 1269
APPEAL AND ERROR
Appellate court; stipulated record and transcript .........................................................HB 713 Child custody cases; appeal procedures...........................................................................SB 238
Death penalty; repeal.........................................................................................................HB 330 Judgments; $10,000 or less; amend provisions .............................................................HB 1498
Judgments; certain motions; appealability.....................................................................HB 589

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INDEX

3093

APPEAL AND ERROR (Continued) Special license plates; Court of Appeals Judges ..........................................................HB 1665 Zoning decisions of counties and municipalities; review ............................................HB 2054
APPLING COUNTY Board of commissioners; staggered terms.....................................................................HB 1950 Board of education; staggered terms .............................................................................HB 1947
APPROPRIATIONS AND FISCAL AFFAIRS Automatic provisions - CA................................................................................................HR 465 Balanced budget; urge amendment to United States Constitution to rescind request for constitutional convention ............................................................HR 122 Cyclorama; admission fee exemption for children; repeal............................................HB 920 Emerging Crops Fund; provisions ..................................................................................HB 1105 Emerging crops loan fund; appropriation - CA .............................................................HR 466 Emerging crops loan fund; appropriation - CA .............................................................HR 796 Fiscal Affairs Subcommittee; continuing appropriations; reports ..............................HB 801 Fiscal affairs subcommittees; duties and functions.......................................................HB 627 General Appropriations Act; FY 1990-1991..................................................................HB 1314 General Assembly; bills contingent upon appropriation; prohibitions - CA............................................................................................................HR 310 Governor's Private Sector Survey Committee on Cost Control; create.....................HR 225 MARTA; state appropriations; repeal provisions ........................................................HB 1501 Military spending; reduce appropriations; redirect funds; urge..................................HR 724 Parade and Demonstration Cost Containment Study Committee; create.................HR 635 Planning and Budget, Office of; continuation budget report.......................................SB 326 Regional development centers; supplemental funding formula; ratify.......................HR 636 Retirement bills; actuarial investigations; date............................................................HB 1415 Supplemental appropriations; FY 1989-90...................................................................HB 1187 Supplemental appropriations; FY 1989-90 ...................................................................HB 1288 Supplemental appropriations; FY ending 1989..............................................................HB 276 Supplemental appropriations; FY ending 1989..............................................................HB 873 Supplemental appropriations; FY ending 1990..............................................................HB 253
ARCHITECTS; amend provisions .....................................................................................SB 230
ARMOUR, CHARLES R. "PAT"; commend................................................................HR 599
ARNOLD, MARSHALL B., SR.; commend ...............................................................HR 1054
ARRESTS Conservation ranger; driver's license as collateral for bail.........................................HB 1787 Mutual Aid Act; cooperation between local law enforcement and University System....................................................................................................SB 580 Warrants; oath of affiant.................................................................................................HB 1847
ARTS Georgia Music Hall of Fame Authority; create...............................................................SB 717 Georgia Music Hall of Fame Authority Overview Committee; create ........................SB 718 The Reach of Song; designate state historic drama....................................................HB 1470 Trade; rights of ownership of works of fine art..............................................................SB 457
ASHBURN, CITY OF; mayor and councilmembers; election; terms.......................HB 1979
ASHWORTH, MAYNARD R.; condolences..................................................................HR 601
ASSAULT OR BATTERY Crimes; sexual assault against persons in custody.........................................................SB 626 Sports official; offense of physical assault....................................................................HB 1148
ATHENS ASSOCIATION OF INDEPENDENT
INSURANCE AGENTS; commend ..............................................................................HR 670

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3094

INDEX

ATHENS, CITY OF Athens and Clarke County; unified government; create ............................................HB 1904 Board of education; election ...........................................................................................HB 1945 Mayor and council; election ............................................................................................HB 1611
ATHENS INSURANCE CENTER; commend ............................................................HR 671
ATHON, HONORABLE TROY; commend................................................................HR 1205
ATKINS, JUDY; commend.............................................................................................HR 1239
ATKINSON COUNTY; commissioner of roads and revenues; chairman's compensation.................................................................................................HB 1887
ATLANTA ATHLETIC CLUB; commend ...................................................................HR 773
ATLANTA, CITY OF Atlanta-Fulton County; convey property...........................................................................SR 64 Atlanta Housing Authority Overview Committee; create.............................................HB 889 Bond indebtedness without referendum; educational purposes...................................SR 122 Certain contracts; mayoral authorization........................................................................HB 497 Contracts; binding agreements ..........................................................................................SB 706 DeKalb County; certain meetings; services in "Atlanta in DeKalb"........................HB 2052 Metropolitan Atlanta Olympic Games Authority; amend provisions.......................HB 1754 Municipal court; certain cases; additional fee.................................................................SB 677 Municipal court; costs ......................................................................................................HB 1582 Traffic court; funds for constructing jails........................................................................SB 363 Traffic court; judge's salary ..............................................................................................HB 926 Traffic offenses; penalty.....................................................................................................SB 335 Urban enterprise zones; certain housing units...............................................................HB 515
ATLANTA FIRE DEPARTMENT PERSONNEL; 25th Peachtree Building fire; commend......................................................................................................................HR 688
ATLANTA JUDICIAL CIRCUIT Add judge...........................................................................................................................HB 1305 Add twojudges....................................................................................................................HB 784 Add twojudges..................................................................................................................HB 1306 Judges; temporary assignments; Atlanta and Ocmulgee Circuits; add judge........................................................................................................................HB 1523 Provide chief judge...........................................................................................................HB 1514
ATTORNEY GENERAL; civil action against state agencies; authorization - CA...............................................................................................................SR 298
ATTORNEYS Civil action; professional negligence; affidavit requirement ........................................HB 320 Civil actions; medical malpractice; tolling of limitations.............................................HB 895 Civil practice; renewal; subject matter jurisdiction........................................................SB 586 County attorney; appointment; amend provisions .........................................................SB 171 District attorneys emeritus; practicing law; repeal certain prohibitions.........................................................................................................SB 640 Durable power of attorney for health care.....................................................................HB 999 Durable Power of Attorney for Health Care Act; provide ............................................SB 688 Eminent domain; attorney's fees; award.......................................................................HB 1162 Motor Vehicle Franchise Practices; attorney's fees in certain actions ...............................................................................................................HB 1186 Pardons and Paroles; attorney's representative appear before Board ........................SB 211 Torts; abusive litigation; definition..................................................................................HB 332 Torts; collateral source; subrogation..............................................................................HB 1451

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INDEX

3095

ATTORNEYS (Continued) Trial juries; prosecuting attorney peremptory challenges..........................................HB 1332 Trust accounts of client's funds; proceeds......................................................................HB 105
AUCTIONEERS Auctioneers Commission; termination date.....................................................................SB 574 Commercial Code; motor vehicle sales; certain collateral ............................................HB 943 Used motor vehicle dealers; registration.......................................................................HB 1084
AUGUSTA, CITY OF Airport Authority; create....................................................................................................8B 352 Augusta-Richmond County Commission on Disadvantaged Youth; re-create..........HR 639 Candidates for certain offices; filing notice; requirement ..........................................HB 2036
AUGUSTA JUDICIAL CIRCUIT Add judge...........................................................................................................................HB 1574 Probation officials; supplement......................................................................................HB 1956
AUSTELL, CITY OF; mayor and councilmembers; election ....................................HB 1776
AUTHORITIES Agricultural Exposition Authority; membership; compensation ...............................HB 1374 Atlanta Housing Authority Overview Committee; create.............................................HB 889 Chehaw Park Authority; quorum requirement............................................................HB 1015 Downtown development authorities; director's qualifications...................................HB 1631 Employees' Retirement; Hazardous Waste Management Authority; membership .....................................................................................................................HB 769 Fulton-DeKalb Hospital Authority; create committee ...................................................HR 20 Georgia Agrirama Development Authority Overview Committee; establish....................................................................................................HB 1889 Georgia Development Authority; exclude persons for illegal drug activity .......................................................................................................HB 1160 Georgia Industrial Finance Authority; create .................................................................SB 660 Georgia Music Hall of Fame Authority; create...............................................................SB 717 Georgia Music Hall of Fame Authority Overview Committee; create ........................SB 718 Georgia Water Authority; create ....................................................................................HB 1820 GeorgiaNet Authority; create..........................................................................................HB 1757 Hazardous Waste Management Authority; membership; terms ..................................SB 652 Hazardous Waste Management Authority; reduction study; impact statement ..........................................................................................................HR 1050 Hospital authorities; powers ..............................................................................................SB 229 Hospital Financing Authority; powers .............................................................................SB 468 Housing authority commissioners; operating surplus; compensate...........................HB 1681 Housing authority overview committees; create ............................................................HB 323 Housing; security personnel; employment ....................................................................HB 1564 Jekyll Island-State Park Authority; membership.............................................................SB 99 MARTA; certain purchases; competitive bidding .......................................................HB 1502 MARTA; state appropriations; repeal provisions ........................................................HB 1501 Metropolitan Atlanta Olympic Games Authority; amend provisions.......................HB 1754 Parks Authority Overview Committee; create..............................................................HB 1209 Perry Area Convention and Visitors Bureau Authority; create ................................HB 1439 Property; land bank authorities; establish....................................................................HB 1662 Residential Finance Authority; exclude persons for illegal drugactivity...................................................................................................................HB 1159 Sales tax exemption; certain property furnished by water or sewer authority...........................................................................................................HB 153 Secretary of State; certain authorities; remove from membership..............................SB 460 State Public Authorities Study Committee; create.......................................................HR 647 West Georgia Regional Water Authority; add Carroll County..................................HB 1993

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3096

INDEX

AVIATION Controlled Substances Act; certain conveyances; forfeiture ......................................HB 1182 Georgia Aviation Hall of Fame; membership...............................................................HB 1557 Middle Georgia Surface and Air Transportation Commission; create .....................HB 2043 Motor fuel; remove exemption from sales tax ...............................................................HB 338 Northeast Georgia Surface and Air Transportation Commission; add member county......................................................................................................HB 1692 Richard B. Russell Airport; compensation .....................................................................HR 682 Sales tax; aircraft; definition for exemption purposes..................................................HB 900 Sales tax; certain aircraft labor and materials; exemption ..........................................HB 899 Sales tax; sales of aircraft, vehicles and vessels; imposition........................................HB 172 Stone Mountain-Britt Memorial Airport; proposed expansion...................................HR 195
AVONDALE ESTATES, CITY OF Business district; create...................................................................................................HB 2000 Corporate limits................................................................................................................HB 2023

B

BAGBY, HONORABLE GEORGE T.; wish a speedy recovery................................HR 680
BACSO, SUSAN LINDSAY AND GEORGE; commend on birth of Lindsay Ann ...............................................................................................................HR 8 EX
BAGWELL, MARTHA; compensation ...........................................................................HR 114
BAIL Appeal bonds; grant for certain conviction....................................................................HB 132 Bail bond business; elected officials; permissible........................................................HB 1382 Bailable offenses before superior court judge; minimum bail ...................................HB 1339 Bailable offenses before superior court judge; provisions .............................................SB 658 Bonds; coverage for fuel stolen at service stations........................................................HB 517 Bonds; judgment of forfeitures null and void; certain cases......................................HB 1350 Conservation ranger; driver's license as collateral.......................................................HB 1787 Criminal procedure; remission of bonds; notification of hearings..............................HB 426 Driving under the influence; detention period.............................................................HB 1719 Superior Court Judges; bailable offenses; controlled substances................................HB 268 Traffic offenses; fines; additional penalties.....................................................................SB 322
BAILEY, FRANK I., SR.; best wishes .........................................................................HR 1219
BAKER, GEORGE "D.C." W.; condolences...................................................................HR 759
BALDWIN COUNTY Convey property....................................................................................................................HR 89 Convey property ....................................................................................................................SR 23 Convey property ....................................................................................................................SR 54
BALL GROUND, CITY OF; new charter....................................................................HB 2042
BANK OF MADISON; 100th Anniversary; commend.................................................HR 750
BANKING AND FINANCE Airports; financial assistance for certain facilities.......................................................HB 1671 Alcoholic beverages; retail dealer; prohibit check-cashing center.............................HB 1120 Bad checks; criminal issuance; definition.....................................................................HB 1774 Bad checks; issuance; penalty.........................................................................................HB 1793
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INDEX

3097

BANKING AND FINANCE (Continued) Branch bank; establishment in certain counties..........................................................HB 1722 Cashers of checks; licensing............................................................................................HB 1208 Consumer reports; bankruptcy information; certain prohibitions............................HB 1213 Consumer reports; writ of fieri facias; verification......................................................HB 1522 Credit cards; certain information stated on statement...............................................HB 1090 Credit cards; fees for cash advances................................................................................HB 978 Credit cards; interest and other charges; revise provisions........................................HB 1406 Credit cards; monthly statement; certain information...............................................HB 1291 Credit unions; investment of funds; loan participation.................................................SB 540 Department of Medical Assistance; interest limitation ..............................................HB 1541 Educational loans; definition; privately sponsored loans ...........................................HB 1028 Financial institutions; licensed check cashers................................................................HB 605 Financial institutions; mortgage bankers and brokers; licensing ..............................HB 1104 Financial transaction card; fraud; penalty.......................................................................SB 615 Financial transaction card; personal information on sales record; prohibit.............................................................................................................HB 1890 Financial transaction card; personal information on sales record; prohibit.............................................................................................................HB 2032 Georgia Residential Finance Authority; expand powers ...............................................SB 508 Group self-insurance funds; maintenance of securities deposit...................................SB 693 Income tax; certain savings accounts; interest; exemption........................................HB 1842 Industrial loans; interest rate ...........................................................................................HB 382 Intangible tax; financial institutions; exemption of stock..........................................HB 1623 Loans; insurance requirements; notification...................................................................HB 433 Mortgage bankers and brokers; licensing........................................................................HB 500 Mortgage bankers and brokers; licensing......................................................................HB 1023 Pawnbrokers; property storage; fee..................................................................................HB 860 Property; escrow accounts; loan proceeds; disbursement...........................................HB 1597 Public utilities; certain depository institutions; payment of bills.............................HB 1699 Real estate loans; requirements........................................................................................HB 653 Securities; certain business activities; transmission of money .....................................SB 601 Selling or issuing checks; license exemption ................................................................HB 1240 Sheriffs; certain deposits; interest bearing accounts...................................................HB 1581 Small businesses; minimum amount of capital............................................................HB 1610 South Africa; prohibit investments of retirement funds ................................................HB 82
BANKRUPTCY; consumer reports; information; certain prohibitions....................HB 1213
BANKS COUNTY; coroner's compensation.................................................................HB 1997
BANKS, O. H.; commend .................................................................................................HR 1021
BANKSTON, SUE; commend...........................................................................................HR 686
BARFOOT, HONORABLE FISHER; commend ........................................................HR 824
BARNES, MR. AND MRS. JAMES; 50th Anniversary; congratulate..................HR 1231
BARROW COUNTY; 75th birthday; commend ............................................................HR 665
BARRY, A. P.; invite to House..........................................................................................HR 769
BARTOW COUNTY Certain officials; compensation.......................................................................................HB 2024 Chief magistrate; compensation .....................................................................................HB 2025 Commissioner; compensation..........................................................................................HB 2026 Convey property..................................................................................................................HR 314 Grant easement...................................................................................................................HR 764 Tax commissioner; compensation...................................................................................HB 2027

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3098

INDEX

BATES, HONORABLE KERMIT F., JR. Election.............................................................................................................................Page 3024 Oath of office...................................................................................................................Page 3025
BAUM, RONALD C.; commend and recognize ...........................................................HR 1190
BAXLEY, CITY OF City council; election; terms............................................................................................HB 1783 Corporate limits ................................................................................................................HB 1949
BECK, DR. AARON T.; commend................................................................................HR 1007
BECK, HONORABLE JAMES McENTIRE; commend..........................................HR 965
BELL, HONORABLE VIOLA W.; commend............................................................HR 1232
BEN HILL COUNTY; board of education; composition...........................................HB 1853
BENNETT, VALENE; commend...................................................................................HR 1225
BERKELEY LAKE, CITY OF; mayor and council; election ..................................SB 4 EX
BERRIEN COUNTY; board of commissioners; composition and compensation...HB 1927
BERRY, IRENE; honor....................................................................................................HR 1028
BIBB COUNTY Macon-Bibb County Water and Sewerage Authority; wastewater pretreatment................................................................................................SB 624 Macon-Water Commissioners Pension Plan; custodian of fund ..................................SB 659
BIBB, MARION ELIZABETH; commend .................................................................HR 1242
BIFFLE, BARLEY LEE; commend................................................................................HR 728
BILLIARDS; regulations.....................................................................................................SB 291
BISHOP, STACY DAWN; commend.............................................................................HR 612
BIVINS, R. S.; compensate ..................................................................................................HR 87
BIVINS, ROY S.; compensate...........................................................................................HR 798
BLACK, MARY; commend................................................................................................HR 660
BLAKELY, CITY OF; corporate limits........................................................................HB 1684
BLANCHARD, JOHN PIERCE, SR.; commend........................................................HR 775
BLASTING Crimes; possession of explosives; penalty.....................................................................HB 1477 Explosive device; offense of criminal possession; cruise ships docking in Georgia ports........................................................................HB 1512 Mining; residential water well; distance requirement.................................................HB 1766 Sales tax; certain industrial materials; exemption ........................................................HB 293 Weapons or explosives; carrying at public gatherings................................................HB 1964
BLOUNT, DR. PAUL G.; commend.............................................................................HR 1057
BLUE, FULLER, JR.; compensate..................................................................................HR 727
BLUE RIDGE JUDICIAL CIRCUIT; judges; supplement.......................................SB 406
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Administrative Procedure; Board of Regents and Board of Education...................HB 1520 Administrative Procedure; certain Boards and Departments.......................................SB 556

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INDEX

3099

BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA (Continued) Colleges and universities; student incentive grants.......................................................HB 417 Drug-free Postsecondary Education Act; enact ...........................................................HB 1231 Educational loans; definition; privately sponsored loans ...........................................HB 1028 Education trust fund; tuition assistance; advance payment - CA ..............................HR 763 Family Practice, Joint Board; members expense allowance ......................................HB 1272 Financing and Investment Commission; capital appreciation bonds; higher education.................................................................................................HB 457 Hans Kurt Mueller Security Center of Armstrong State; urge designation............................................................................................................HR 1064 Hazardous Waste Management Authority; membership; terms ..................................SB 652 House Student Athlete Graduation Rate Study Committee; create ..........................HR 566 Mutual Aid Act; cooperation between local law enforcement and University System....................................................................................................SB 580 Pollution Prevention and Waste Reduction Assistance; provide.................................SB 644 Public Telecommunications Commission; create.........................................................HB 1313 State employees; attend certain colleges without payment of tuition .......................HR 386 Teachers Retirement; transfer by faculty of University System.................................HB 639 University System Laboratory Equipment Rehabilitation Technology and Eminent Scholars Endowment Study Committee .............................................HR 571 University System of Georgia; revenue-producing facilities; financing - CA..................................................................................................................SR 397
BOATS Discharging sewage on certain lakes; prohibitions ......................................................HB 1807 Discharging sewage on Lake Lanier; exceptions..........................................................HB 1695 Employment Security; certain fishing boats.................................................................HB 1370 Employment Security; certain fishing boats ...................................................................SB 232 Explosive device; offense of criminal possession; cruise ships docking in Georgia ports........................................................................HB 1512 Highways; transportation of houseboats .......................................................................HB 1960 Houseboats; operation on certain lakes; prohibitions....................................................SB 490
BOILERS; certain exceptions; provisions.......................................................................HB 1686
BONDS Administrators; bond requirements; waiver .................................................................HB 1744 Appeal; grant for certain conviction ................................................................................HB 132 Atlanta; bonded indebtedness without referendum; educational purposes................SR 122 Bail bond business; elected officials; permissible ........................................................HB 1382 Contracts; payment bonds for public works; requirements ............................................SB 44 Coverage for fuel stolen at service stations ....................................................................HB 517 Criminal procedure; remission of bonds; notification of hearings ..............................HB 426 Expenditure of funds other than stated ..........................................................................SB 554 Financing and Investment Commission; capital appreciation bonds; higher education.................................................................................................HB 457 Governmental projects; revenue bonds; urge resistance to reduce .............................HR 723 Guardianship; certain actions by minors; requirements................................................SB 207 Intangible tax; certain property; change rate.................................................................HB 450 Judgment of forfeitures null and void; certain cases ..................................................HB 1350 Local governments; allocation.........................................................................................HB 1708 Local governments; bonds; investment of proceeds ......................................................HB 631 Motor fuel distributor; letter of credit; post in lieu of bond.....................................HB 1386 Traffic offenses; fines; additional penalties.....................................................................SB 322
BORN, MAJOR QUINN; commend .............................................................................HR 1233
BOTTOMS, ANDREA LEE; commend and invite to House.....................................HR 770

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3100

INDEX

BOUNDARIES Georgia Coordinate System; applicability.....................................................................HB 1249 Municipalities; boundaries; certain exceptions ..............................................................HB 278
BOY SCOUTS OF AMERICA; 80th Anniversary; recognize...................................HR 1134 BOYNTON, HANK;commend.........................................................................................HR 644 BRANCH, JOY; commend.................................................................................................HR 937 BREMEN, CITY OF; board of education; terms ..........................................................HB 1645
BRIARWOOD ACADEMY BUCCANEERS VARSITY FOOTBALL TEAM; commend.....................................................................................HR 702
BRIDGES (See Highways, Bridges and Ferries)
BRISCOE, MARC VERNON; commend.....................................................................HR 1120
BROCK, JAMES LUTHER; compensate........................................................................HR 65
BROCK, WILLIAM M. "BILL"; condolences..............................................................HR 822 BRONN, PEGGY; commend ...........................................................................................HR 1171
BRONNER, NATHANIEL H.; commend.....................................................................HR 695
BROOKS COUNTY Board of education; compensation and expenses........................................................HB 1668 Coroner's compensation...................................................................................................HB 1286
BROOKS, HONORABLE TYRONE; commend .........................................................HR 829
BROOK, TOWN OF; new charter ..................................................................................HB 1638
BROWN, AARON "BUTCH"; condolences.................................................................HR 1004
BROWN, GLENDA BOZEMAN; commend ...............................................................HR 1086
BROWN, J. R. "BUD"; commend....................................................................................HR 922
BROWN, LARRY; invite to House..................................................................................HR 769
BROWN, MRS. CLARICE L.; compensate.....................................................................HR 94
BROWN, W. E. "PETE"; commend.................................................................................HR 922
BROWNING, BARBARA AYERS; commend...........................................................HR 1174
BRUMBY, HONORABLE SEWELL R.; commend...................................................HR 715
BRUMBY, OTIS A., JR.; commend................................................................................HR 879
BRUNER, ANTHONY M. "TONY"; honor and commend.....................................HR 1062
BRUNER, DR. BARBARA S.; commend .....................................................................HR 781
BRUNSWICK JUDICIAL CIRCUIT Addjudge...........................................................................................................................HB 2085 Term......................................................................................................................................SB 727
BRYAN COUNTY; convey property; Sapelo Island settlement .................................HR 910
BUCKHEAD COMMUNITY Commend.............................................................................................................................HR 818 Commend; invite Business Association to House..........................................................HR 767 150 years; commend .........................................................................................................HR 1187

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INDEX

3101

BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF Homestead exemption; elderly .......................................................................................HB 1486 Homestead exemption; elderly or disabled......................................................................SB 645
BUILDINGS AND HOUSING Animal Protection Act; definition of stable .................................................................HB 1241 Architecture; amend provisions.........................................................................................SB 230 Atlanta Housing Authority Overview Committee; create.............................................HB 889 Construction; electrical contractors; define premises..................................................HB 1870 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Discrimination; revise prohibitions ................................................................................HB 1117 Elevators; certain buildings; exemption..........................................................................HB 136 Environmental Protection Act of 1990..........................................................................HB 1362 Fire extinguishers; regulations..........................................................................................HB 313 Fire protection; exemption from certain requirements .................................................SB 416 Georgia Residential Finance Authority; expand powers ...............................................SB 508 Handicapped persons; multifamily dwellings; accessibility..........................................HB 648 Handicapped persons; multifamily dwellings; accessibility; date ................................SB 678 Homeless persons; shelter and meals; implement program to provide.......................SB 208 Housing authority commissioners; operating surplus; compensate...........................HB 1681 Housing authority overview committees; create ............................................................HB 323 Housing; discrimination; revise provisions....................................................................HB 1202 Income tax; first-time purchase of home; certain exemptions....................................HB 419 Local governments; bonds; allocation............................................................................HB 1708 Local governments; single-family residences; housing disabled persons..............................................................................................................HB 915 Loitering; post signs in public housing projects .............................................................SB 441 Manufactured and mobile homes; installation; regulation.........................................HB 1709 Mining; blasting; residential water well; distance requirement.................................HB 1766 Mobile homes; decals; requirements ..............................................................................HB 1425 Municipalities; unfit buildings; hearings.......................................................................HB 1570 Permit; submit plans to officer of fire department.....................................................HB 1537 Radon Licensing Board; create.........................................................................................HB 170 Real estate; housing surcharge; add to transfer tax......................................................HB 277 Real estate; housing trust fund; tax on interest ..........................................................HB 1304 Residential Finance Authority; exclude persons for illegal drugactivity...................................................................................................................HB 1159 Residential housing; accessibility for disabled and elderly..........................................HR 323 Sales tax; fuel to heat structures for raising swine; exemption.................................HB 1468 Security personnel; employment ....................................................................................HB 1564 Smoke detectors in certain locations; exceptions...........................................................SB 711 Smoking in public places; amend provisions..................................................................HB 707 Solid waste disposal; residential areas; distance requirements ...................................HB 988 Standard Fire Prevention Code (SBCCI); requirements............................................HB 1680 State Housing Trust Fund for Homeless; certain funds; deposit .............................HB 1697 State Housing Trust Fund for Homeless; certain funds; deposit - CA......................HR 762 Structural Pest Control Commission; composition .....................................................HB 1103 Study Committee on Low and Moderate Income Housing in Georgia; create...............................................................................................................HR 1000 Water preservation; indoor plumbing; requirements ..................................................HB 1827
BURCHER, REVEREND R. H.; commend and recognize.........................................HR 870
BURGDORF, COACH PAUL; commend......................................................................HR 991
BURGESS, JEWELL B.; commend................................................................................HR 675
BURGESS, ROBERT T. SR.; invite to House...............................................................HR 52

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3102

INDEX

BURKE COUNTY Board of commissioners; compensation.........................................................................HB 1844 Board of education; compensation.................................................................................HB 1329 Boggs Academy; urge conveyance to Boggs Community Development Corporation....................................................................................................................HR 1101
BURKE, HONORABLE W. J.; commend ...................................................................HR 1199
BUSH, HONORABLE GEORGE; President of the United States; commend and welcome ......................................................................................................HR 633
BUSINESS AND OCCUPATION TAX City and business improvement district; license fees; surcharge ..............................HB 1601 Counties; license fees; amend provisions.......................................................................HB 1599 Failure to pay; prosecution .............................................................................................HB 1608 Hotel-motel tax; counties and municipalities; rate .......................................................HB 770 Municipalities; license fees; amend provisions.............................................................HB 1600 Professional Counselors, Social Workers, Marriage and Family Therapists; exemption ....................................................................................HB 1490
BUTTS COUNTY Board of education; expenses..........................................................................................HB 1878 Chief magistrate; supplemental salary ..........................................................................HB 1832 Courthouse; maintenance from certain fees .................................................................HB 1831
BYRON, CITY OF; annexation of state property located in Peach County.............HR 583

CABLE NEWS NETWORK (CNN); commend ........................................................HR 1072
CALDWELL, PEGGY OPHELIA; commend............................................................HR 1238
CALHOUN COUNTY; annex certain property; city of Morgan ................................HR 999
CALLAHAN, WENDY; commend.................................................................................HR 1042
CAMDEN COUNTY; Public Service Authority; create .............................................HB 2031
CAMPAIGN AND FINANCIAL DISCLOSURE Campaign contributions; certain disclosure; reporting requirements .......................HB 1363 Campaign contributions; personal use; amend provisions..........................................HB 1312 Campaign contributions; personal use; prohibitions ...................................................HB 1284 Contributions; Insurance Commissioner; prohibitions..................................................HB 286 Ethics in Government; campaign disclosure.................................................................HB 1385 Ethics; prohibit certain contributions ...............................................................................HB 18 Lobbying; contributions while General Assembly in session ........................................SB 616 Public officials; financial disclosure; filing......................................................................SB 351 Zoning; conflicts of interest; revisions ..............................................................................SB 654
CAMPBELL, HONORABLE THOMAS R., JR. Election..........................................................................................................-.................Page 3029 Oath of office ...................................................................................................................Page 3029
CAMP GLISSON AND REVEREND JIMMY MOOR; commend ...................HR 7 EX
CANDIDATES Campaign contributions; certain disclosure; reporting requirements.......................HB 1363
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INDEX

3103

CANDIDATES (Continued) Campaign contributions; expenditures; certain candidates..........................................HB 491 Campaign contributions; Insurance Commissioner; prohibitions................................HB 286 Campaign contributions; personal use; amend provisions..........................................HB 1312 Campaign Contributions; personal use; delete certain provisions ..............................HB 468 Campaign contributions; personal use; prohibitions ...................................................HB 1284 Campaign disclosure; Ethics in Government................................................................HB 1385 Drug testing; candidates for state-wide office.................................................................SB 545 Election Code; amend provisions ...................................................................................HB 1167 Elections; certain county officials; nonpartisan primaries; repeal provisions ...........................................................................................................HB 1132 Elections; vacate office when qualifying for another - CA .............................................SR 42 Financial disclosure; filing..................................................................................................SB 497 Lobbying; contributions while General Assembly in session........................................SB 616 Nominating petitions; cards with one signature; requirement .....................................SB 639 Public officials; financial disclosure; filing ......................................................................SB 351
CANDLER SCHOOL OF THEOLOGY AT EMORY UNIVERSITY Congratulate ......................................................................................................................HR 1153
CANNON, OPAL; commend ...........................................................................................HR 1085
CAREY, CYNTHIA ANN; commend ...........................................................................HR 1238
CARMACK, REVEREND L. FLOYD; commend.....................................................HR 1035
CARROLL COUNTY Commissioners; expense allowance ................................................................................HB 1901 Education districts............................................................................................................HB 1963 West Georgia Regional Water Authority; add Carroll County..................................HB 1993
CARTER, DR. ALLEN CONNARD; commend and recognize.................................HR 929
CARTER, MIKE; commend ..............................................................................................HR 989
CATOOSA COUNTY ALL-STARS BASEBALL TEAM; commend ..................HR 676
CATOOSA COUNTY Board of elections and registration; create...................................................................HB 2049 Board of utilities commissioner; selection ....................................................................HB 1786 Commissioners; compensate ............................................................................................HB 1856 Comprehensive land use plan.........................................................................................HB 1962 Coroner; compensate ........................................................................................................HB 1857 Homestead exemption; elderly .......................................................................................HB 1625
CEMETERIES Burial place; damage to property; penalty .....................................................................HB 211 Minimum size requirements............................................................................................HB 1996 Property; disturbing interred human remains .............................................................HB 1940
CENSUS Census Month in Georgia; designate March 1 to April 1, 1990 .................................HR 1179 Data; boards, commissions and bodies; membership; congressional districts ..................................................................................................HB 1854
CENTERVILLE, CITY OF; corporate limits..............................................................HB 1666
CENTRAL METALS COMPANY OF ATLANTA; commend ............................HR 1012
CHAPLAINS, HOUSE OF REPRESENTATIVES Abernathy, Reverend Ralph David ..............................................................................Page 1351 Bennett, Reverend Charles E............................................................................................Page 59

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3104

INDEX

CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) Bennett, Reverend George...................................................................................................Page 1 Biles, Reverend Joan R..................................................................................................Page 1040 Bishop, Reverend H. Dwight, Sr....................................................................................Page 669 Brown, Dr. Calvin .............................................................................................................Page 420 Dodson, Reverend Malone.............................................................................................Page 2457 Downing, Reverend LaRue ............................................................................................Page 2076 Fan, Reverend J. Zachary.............................................................................................Page 1162 Foster, Reverend Henry E.............................................................................................Page 3023 Franklin, Reverend Jentezen.........................................................................................Page 1095 Graves, Reverend Art.......................................................................................................Page 113 Greene, Reverend Wesley E., Sr...................................................................................Page 2324 Harris, Reverend Chuck...................................................................................................Page 468 Harris, Reverend William ................................................................................................Page 138 Hope, Dr. Winfred M.........................................................................................................Page 70 Ifill, Reverend Earle H.....................................................................................................Page 755 Irwin, Reverend John.....................................................................................................Page 3062 Langdon, Dr. Walter A.....................................................................................................Page 390 Lobello, Reverend Kevin................................................................................................Page 1957 Lowe, Reverend Peggy ...................................................................................................Page 1651 MacMinn, Reverend Dan R............................................................................................Page 366 Marino, Archbishop Eugene A......................................................................................Page 1563 Martin, Reverend Jim ......................................................................................................Page 707 May, Reverend Philip A................................................................................................Page 1482 Morton, Reverend James H............................................................................................Page 561 Paulk, Bishop Earl..........................................................................................................Page 2213 Peabody, Dr. Joseph.........................................................................................................Page 257 Rentz, Reverend Charles....................................................................................................Page 87 Reynolds, Reverend Kent A..........................................................................................Page 3053 Roberts, Reverend Joseph ...............................................................................................Page 227 Russell, Reverend A. W...................................................................................................Page 181 Sharber, Dr. Pete............................................................................................................Page 2639 Tanner, Reverend Buford M...........................................................................................Page 947 Turner, Reverend Richard...............................................................................................Page 845 Wasserman, Rabbi Sue Ann..........................................................................................Page 1276 Waters, Reverend James W.............................................................................................Page 883 Willard, Reverend Sanford N.......................................................................................Page 1873 Willis, Dr. Bill....................................................................................................................Page 516 Winn, Reverend Richard D...........................................................................................Page 3064 Woods, Reverend Wayne...............................................................................................Page 3046
CHAPMAN, ALLEN BRUCE; condolences...............................................................HR 1163
CHARITIES Endowment fund; historic dollar value............................................................................SB 632 Insurance; fraternal benefit societies; revise provisions .............................................HB 1129 Public officers and employees; salary; charitable deductions....................................HB 1745 Sales tax; certain property of Boy Scouts or Girl Scouts; exemption ........................HB 158 Sales tax; tickets for certain nonprofit organizations; exemption.............................HB 1762 Torts; charitable donations of food ...............................................................................HB 1277
CHARLTON COUNTY; board of commissioners; compensation.............................HB 2021
CHATHAM COUNTY Certain officials; change compensation............................................................................SB 749 Certain property; acquisition.............................................................................................SR 410 Chairman of board of commissioners; terms................................................................HB 1648 Clerk of probate court; compensation ...........................................................................HB 1238 Clerk of probate court; compensation..........................................................................HB 6 EX

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INDEX

3105

CHATHAM COUNTY (Continued) Exchange of certain property ...........................................................................................HR 387 Homestead exemption; increase .....................................................................................HB 1292 Intergovernmental Council of Chatham County; create.............................................HB 1396 Magistrate court; mediation service; fee.......................................................................HB 1933 Recorder's court; compensation of senior judge ..........................................................HB 1239 Savannah-Chatham County Anti-Drug Commission; provide...................................HB 1835 Savannah, City of; mayor; limitation on terms............................................................HB 1649 State court; mediation service; fees ...............................................................................HB 1937 Teachers retirement; amend provisions of board ........................................................HB 1579 Transit service fees; prohibitions...................................................................................HB 1971
CHATTOOGA COUNTY Chattooga County Hospital Authority; filling vacancies............................................HB 1714 Chief magistrate; probate judge no longer serve .........................................................HB 1715 Commissioner; compensation ..........................................................................................HB 1716 Compensation of certain official; repeal provision ......................................................HB 1713
CHECKS (Also, see Banking and Finance or Financial Institutions) Bad checks; criminal issuance; definition .....................................................................HB 1774 Bad checks; issuance; penalty .........................................................................................HB 1793 Cashers of checks; licensing ............................................................................................HB 1208 Financial institutions; licensed check cashers................................................................HB 605
CHEROKEE COUNTY Board of commissioners; election to another office.....................................................HB 1586 Board of Ethics; create ....................................................................................................HB 2003 Convey property..................................................................................................................HR 850
CHICKAMAUGA AND CHATTOOGA NATIONAL MILITARY PARK; commemorate centennnial.....................................................HR 5 EX
CHIEF EXECUTIVE OFFICER APPRECIATION DAY IN GEORGIA; commend ..............................................................................................HR 1063
CHILD ABUSE Abusive party; removal from home................................................................................HB 1781 Accessibility to records; certain persons .......................................................................HB 1319 Accessibility to records; certain persons ..........................................................................SB 682 Accessibility to records; Personnel Board.....................................................................HB 1280 Cruelty to children; admissibility of certain testimony .................................................SB 153 Establish central registry.................................................................................................HB 1317 Evidence; child molestation ............................................................................................HB 1321 Evidence; child's statement on sexual conduct and abuse...........................................HB 366 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Family Preservation and Child Protection Reform Act; provide..............................HB 1877 Indigent counsel; child deprivation cases .....................................................................HB 1322 Juvenile proceedings; remove from home.....................................................................HB 1320 Protection Reform Act; provide........................................................................................SB 705 Protocol Committee; reporting requirements...............................................................HB 1318 Reporting requirements...................................................................................................HB 1316 Reporting requirements; confidentiality.........................................................................HB 787 Sexual offenses against children; age provisions..............................................................HB 27 Testimony of certain children ..........................................................................................HB 711
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Amend proceedings.............................................................................................................HB 946 Amend provisions; joint and sole custody .......................................................................SB 477 Appeal procedures ...............................................................................................................SB 238 Children; interference with visitation rights; penalties ..............................................HB 1357

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3106

INDEX

CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) (Continued) Domestic relations; children's interest; parents attend seminar ...............................HB 1561 Domestic relations; children's interest; parents attend seminar ..................................SB 630 Interference with custody; define offense.......................................................................HB 633 Parental rights; termination...............................................................................................SB 509 Paternal Rights Act; enact ................................................................................................HB 543 Pick-up from school by parent...........................................................................................HB 67 Stepparent; child custody; certain obligations .............................................................HB 1481
CHIROPRACTORS Clinical laboratories; certain examinations ordered by chiropractors ......................HB 1818 Scope of practice...............................................................................................................HB 1070
CIGARS AND CIGARETTES Education; courses concerning alcohol, smoking and drug abuse; requirement....................................................................................................................HB 1144 Excise tax.............................................................................................................................HB 480 Excise tax.............................................................................................................................HB 691 Highways; loads of tobacco or cotton; limits; exceptions ...........................................HB 1669 Increase tax..........................................................................................................................HB 233 Schools; use of tobacco on premises; prohibitions.........................................................HB 975 Smoking in public places; amend provisions..................................................................HB 707 Tobacco products; regulate sales......................................................................................HB 462 Warehousemen; leaf tobacco sales; repeal certain provisions......................................HB 923
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Appeals; judgments; $10,000 or less; amend provisions..............................................HB 1498 Child support; limitation on action .................................................................................HB 563 Civil action against state agencies; Attorney General authorization - CA...........................................................................................................SR 298 Civil actions; automatic dismissal ..................................................................................HB 1155 Civil actions; dismissal or parties not prevailing; certain costs.................................HB 1450 Civil actions; pleading; written request for admission..................................................HB 354 Civil actions; process servers...........................................................................................HB 1215 Default judgment; introduction of certain evidence; amend requirements.....................................................................................................................SB 418 Depositions; videotaping..................................................................................................HB 1055 Discovery; filing of requests and responses ..................................................................HB 1592 Evidence; DNA profile; requirement ...............................................................................HB 137 Interrogatories; additional information.........................................................................HB 1397 Judicial sales; prepayment costs; requirements .............................................................HB 935 Land levies; notification ..................................................................................................HB 1811 Magistrate court; civil practice; waiver of jury trial ...................................................HB 1164 Medical malpractice; mandatory arbitration; certain claims .....................................HB 1011 Medical malpractice; mandatory arbitration; certain claims........................................SB 553 Medical Malpractice; tolling of limitations ....................................................................HB 895 Professional negligence; affidavit requirement ..............................................................HB 320 Property; tenant set aside dispossessory default...........................................................HB 712 Renewal of certain actions ..............................................................................................HB 1527 Renewal; subject matter jurisdiction................................................................................SB 586 Sheriffs sales; dates .........................................................................................................HB 1647 Superior court clerks; uniform filing fees .....................................................................HB 1289 Tax sales; advertisements; written notice of execution ..............................................HB 1620 Tax sales; surplus from property sale; amend provisions ..........................................HB 1300 Torts; abusive litigation; definition..................................................................................HB 332 Trial juries; first peremptory challenge.........................................................................HB 1331 Trial juries; prosecuting attorney peremptory challenges ..........................................HB 1332

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3107

CLACK, JOHNNY THOMAS (TOMMY); commend and invite to House...........HR 765
CLARKE, BENJAMIN VAN; condolences...................................................................HR 662
CLARKE COUNTY Athens and Clarke County; unified government; create ............................................HB 1904 Board of education; election ...........................................................................................HB 1945 Magistrate court; judge's compensation........................................................................HB 2069 State court; solicitor's compensation.............................................................................HB 1863
CLAY, DR. ROBERT; commend ...................................................................................HR 1097
CLAYTON COUNTY Board of commissioners; compensation.........................................................................HB 2059 Board of commissioners; report and audit ...................................................................HB 2060 Board of education; election; districts...........................................................................HB 2071 Commission on Children and Youth; membership......................................................HB 2005 Coroner's compensation ...................................................................................................HB 2062 Council of Parent Teacher Associations; commend....................................................HR 1236 Probate court judge; compensation................................................................................HB 2072 School superintendent; election......................................................................................HB 2070 Sheriff; superior court clerk; salary ...............................................................................HB 2067 State court; judge, solicitor and deputy clerk; compensate .......................................HB 2061 Tax commissioner and deputy; compensation .............................................................HB 2068 Tax commissioner; millage rate......................................................................................HB 2063 Water Authority; commend ............................................................................................HR 1037
CLAYTON GENERAL HOSPITAL AUXILIARY; commend............................HR 1189
CLEM, MICHELLE; Miss Cobb County 1990; commend ...........................................HR 757
CLERKS, SUPERIOR COURT Council of Superior Court Clerks; create......................................................................HB 1220 Create office of senior clerk ............................................................................................HB 1503 Investment of certain funds ..............................................................................................HB 448 Retirement Fund; benefits ..............................................................................................HB 1035 Serve as juvenile court clerk .............................................................................................HB 598 Uniform filing fees............................................................................................................HB 1289
CLIFTON, HONORABLE ALBERT D.; condolences...............................................HR 677
CLINCH COUNTY; board of commissioners; chairman's salary ..............................HB 1886
CLINICAL LABORATORIES Certain examinations ordered by chiropractors...........................................................HB 1818 Evidence; DNA profile; requirement...............................................................................HB 137
COBB COUNTY Annex certain territory .......................................................................................................SB 295 Board of elections; employment of attorney ................................................................HB 1750 Certain department heads; county manager remove from office ................................HB 985 Cobb County-Marietta Water Authority; membership terms ...................................HB 1398 Cobb County Private Sector Survey Committee on Cost Control; create...............HB 1506 Grant easement...................................................................................................................HR 578 Hospital Authority; filling vacancies .............................................................................HB 1001 Juvenile court; judge's compensation ............................................................................HB 1994 Juvenile Court; second judge; appointment .................................................................HB 1489 Legal Costs and Public Officers' Independent Counsel Study Committee; create...........................................................................................................HR 956 Probate court judge and clerk; compensation.................................................................SB 743 Sheriff and staff; compensate .........................................................................................HB 1967

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INDEX

COBB COUNTY (Continued) Solicitor and assistant solicitors; compensation.............................................................^!} 757 State court; assistant solicitors; increase number...........................................................SB 766 State court; certain judges; compensation.......................................................................SB 756 State court; change certain titles ...................................................................................HB 1902 State court; clerk and chief deputy; compensation .....................................................HB 2030 State court; judges' compensation ....................................................................................SB 744 State court; position of chief judge...................................................................................SB 722 Superior court clerk and deputy; compensation..........................................................HB 2028 Tax commissioner and staff; compensation..................................................................HB 2018

COBB COUNTY TEEN COURT; commend ...............................................................HR 674

COBB JUDICIAL CIRCUIT Add judge..............................................................................................................................SB 715 Amend provisions .............................................................................................................HB 1920 Judges' supplement.............................................................................................................SB 742

COBB, JUDY; commend ..................................................................................................HR 1191

CODE OF GEORGIA Election; Code revisions...................................................................................................HB 1273 Revisions............................................................................................................................HB 1278

COHUTTA, CITY OF

HB 1777

COLBERT, HONORABLE LUTHER S.; invite family to House...........................HR 630

COLE, CHIEF L.C.; commend..........................................................................................HR 760

COLEMAN, HONORABLE TOMMY Commend.............................................................................................................................HR 944 Invite to House ...................................................................................................................HR 945 Invite to House and commend .........................................................................................HR 914

COLLAR, HONORABLE JOHN L.; commend...........................................................HR 854

COLLEGE PARK, CITY OF Homestead exemption......................................................................................................HB 1764 Redevelopment powers....................................................................................................HB 1965

COLLEGES Adult education; personnel accrue sick and annual leave.............................................SB 622 Colleges and universities; student incentive grants.......................................................HB 417 Development authorities; certain facilities used by athletic association ..........................................................................................................SB 369 Education; Matthews-Dent scholarships; provide.......................................................HB 1729 Education Trust; create.....................................................................................................HB 244 Education trust fund; tuition assistance; advance payment - CA..............................HR 763 Educational loans; definition; privately sponsored loans...........................................HB 1028 Financing and Investment Commission; capital appreciation bonds; higher education.................................................................................................HB 457 Georgia Education Trust; create......................................................................................HB 819 Georgia Education Trust; create .......................................................................................SB 597 Georgia Military College; create Board of Trustees.......................................................SB 623 Hans Kurt Mueller Security Center of Armstrong State; urge designation............................................................................................................HR 1064 Hazing; penalty.................................................................................................................HB 1423 Hazing; punishment ............................................................................................................SB 427 Income tax; advance tuition payments; deduction........................................................HB 818 Income tax; advance tuition payments; deduction........................................................HB 232

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3109

COLLEGES (Continued) Mutual Aid Act; cooperation between local law enforcement and the University System.............................................................................................SB 580 Nonpublic Postsecondary Educational Institutions Act of 1990...............................HB 1254 North Georgia College Military Scholarship Day; designate February 28, 1990 .........................................................................................HR 827 Postsecondary Education Authorization Act; additional exemption..........................HB 697 Postsecondary Vocational Education Laboratory Equipment and Library Research Needs Study Committee................................................................HR 570 President serve as county or municipal deputy registrar...........................................HB 1419 Special license plates;..........................................................................................................SB 342 State employees; attend certain colleges without payment of tuition .......................HR 386 State government; nonprofit contractor; definition ....................................................HB 1782 Student Organization Responsibility for Drug or Alcohol Abuse Act......................HB 1225 Teachers Retirement; certain private schools; creditable service ................................SB 344 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee .............................................HR 571 University System of Georgia; revenue-producing facilities; financing - CA..................................................................................................................SR 397
COLUMBIA COUNTY Board of education; elections.............................................................................................SB 759 School superintendent; election.........................................................................................SB 763 Superintendent of schools; non-partisan election........................................................HB 1325
COLUMBUS, CITY OF Columbus-Fort Benning Economic Impact Study Commission; create......................SR 442 Mayor or councilor; filling vacancies .............................................................................HB 1734 Mayor pro tern; compensation.....................................................................................HB 10 EX Municipal court; compensation of certain officials .....................................................HB 1491
COMMERCE AND TRADE Business records; maintain for three years...................................................................HB 1428 Cleaning agents; retail sales; certain prohibitions .........................................................HB 762 Commercial Code; motor vehicle sales; collateral..........................................................HB 943 Commercial Code; motor vehicle sales; collateral........................................................HB 1492 Commercial Code; motor vehicle sales; collateral........................................................HB 1724 Commission on Economy and Efficiency in State Government; create .....................SR 140 Consumer lease; personal property rental; prepayment ...............................................HB 614 Consumer reports; bankruptcy information; certain prohibitions ............................HB 1213 Consumer reports; writ of fieri facias; verification......................................................HB 1522 Contractors; timely payments to certain subcontractors............................................HB 2090 Contracts; partial restraint of trade; exceptions............................................................HB 744 Deceptive trade practices; copy-righted material; certain exemptions ....................HB 1497 Fax machines; unsolicited commercial messages; prohibitions..................................HB 1181 Financial transaction card; personal information on sales record; prohibit .............................................................................................................HB 1890 Financial transaction card; personal information on sales record; prohibit .............................................................................................................HB 2032 Flea market sales; certain records; requirement.............................................................SB 751 Gasoline service stations; certain requirements; applicability......................................SR 432 Georgia Competitive Practices Act of 1989; enact ........................................................HB 735 Insurance Consumer Advocate; provide.............................................................................SB 33 Liquified petroleum gas; license or permit; one-time fee...........................................HB 1644 Motor fuel tax; retail sales; certain refund...................................................................HB 1447 Motor Vehicle Franchise Practices; attorney's fees in certain actions ...............................................................................................................HB 1186 Motor Vehicle rentals; regulate........................................................................................HB 565

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3110

INDEX

COMMERCE AND TRADE (Continued) Motor Vehicle Warranty Rights Act; create.................................................................HB 1555 Motor vehicles; damage to new vehicles; disclosure....................................................HB 1810 New motor vehicles; manufacturers; failure to conform to warranty.......................HB 1049 Pari-mutuel wagering; counties; referendum..................................................................HB 447 Pari-mutuel wagering; provide by referendum - CA.....................................................HR 119 Petroleum gas; storage facilities; requirements...............................................................SB 529 Principal and agent; professional services; charges.....................................................HB 1069 Property; sales contracts; disclose certain provisions .................................................HB 1405 Securities Act of 1973; amend ........................................................................................HB 1459 Securities; certain business activities; transmission of money .....................................SB 601 Securities; investment adviser; registration..................................................................HB 1463 Tobacco products; regulate sales........................--...............................----------....HB 462 Trade; rights of ownership of works of fine art..............................................................SB 457 Trade Secrets Act of 1990; provide................................................................................HB 1606 Trade Secrets Act of 1990; create ..................................................................................HB 1449 Warehousemen; leaf tobacco sales; repeal certain provisions......................................HB 923 Warehousemen; license requirements...............................................................................SB 691
COMMERCE, CITY OF Commerce Civic Center and Tourism Authority; create ............................................HB 1876
COMMERCIAL CODE Motor vehicle sales; collateral...........................................................................................HB 943 Motor vehicle sales; collateral.........................................................................................HB 1492 Motor vehicle sales; collateral.........................................................................................HB 1724
COMMISSIONS Access to Health Care Commission; create .......................................................................SR 70 Ad Valorem Assessment Review Commission; appraiser member; certification...................................................................................................HB 1206 Advisory Commission on Programs for Visually and Hearing Impaired; termination date ..............................................................................................................SB 560 Auctioneers Commission; termination date.....................................................................SB 574 Augusta-Richmond County Commission on Disadvantaged Youth; re-create..........HR 639 Clayton County Commission on Children and Youth; membership ........................HB 2005 Cobb County Legal Costs and Public Officers Independent Counsel Study Committee; create...............................................................................................HR 956 Columbus-Fort Benning Economic Impact Study Commission; create......................SR 442 Commission on Criminal Sanctions and Correctional Facilities; create.....................SR 402 Commission on Economy and Efficiency in State Government; create .....................SR 140 Counties and Municipalities; planning and zoning powers; amend procedures - CA...................................................................................................HR 88 DeKalb Study Commission; create ..................................................................................HR 835 Georgia Agricultural Commodities Promotion Act; enact............................................HB 745 Georgia Commission on Public Education Progress; establish..................................HB 1838 Georgia Courts Automation Commission; create...........................................................HR 849 Georgia Tax Reform Commission of 1990; create .........................................................HR 294 Georgia 1992 Commission; provide...................................................................................SR 304 Governor's Commission on the Social Status of Black Males; create.........................SR 305 Health Care Personnel Policy Advisory Commission; create ....................................HB 1226 Joint Task Force on Revising Employment Security Law; create..............................HR 590 Joint Task Force on Revising Employment Security Law; create...............................SR 314 Labor; Public Employees Relations Commission; create..............................................HB 862 Medical malpractice; Governor's Commission on Obstetrics........................................SB 553 Middle Georgia Surface and Air Transportation Commission; create .....................HB 2043 Northeast Georgia Surface and Air Transportation Commission; add member county................................................................................----.........HB 1692

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COMMISSIONS (Continued) Preservation of Private Enterprise Act; enact ................................................................SB 243 Savannah-Chatham County Anti-Drug Commission; provide ...................................HB 1835 Seed Development Commission; peanuts produced as seed; prohibit assessment ......................................................................................................HB 1365 State Boxing and Wrestling Commission; create.........................................................HB 1526 State Games Commission; assignment to Department of Natural Resources ...........SB 568 Structural Pest Control Commission; composition .....................................................HB 1103 Task force to Promote Self-Esteem; urge creation by the Commission on Children and Youth........................................................................................................HR 577 Task force to Promote Self-Esteem; urge creation by the Commission on Children and Youth........................................................................................................HR 813
COMMITTEES Atlanta Housing Authority Overview Committee; create.............................................HB 889 Cable Television Study Committee; create ....................................................................HR 354 Cane toad licking problem; urge study ...........................................................................HR 830 Committee on Parks, Recreation, Historic Preservation and Natural Areas; create ......................................................................................................SR 414 Conference on Children of Cocaine and Substance Abuse; establish.........................HR 912 Drug-free Georgia Study Committee; create..................................................................HR 981 Family and medical leave policies of employers; committee to study .......................HR 318 Franchised Motor Vehicle Practices Study Committee; create...................................HR 189 Fulton-DeKalb Hospital Authority; create.......................................................................HR 20 Georgia Agrirama Development Authority Overview Committee; establish ...........HB 1889 Georgia Children and Youth Overview Committee; create..........................................HB 958 Georgia Children and Youth Overview Committee; create...........................................SB 355 Governor's Private Sector Survey Committee on Cost Control; create .....................HR 225 House Abandonment of Infants Study Committee; create ............................................HR 68 House Ad Valorem Property Taxation Study Committee; create ..............................HR 722 House Catering Business Study Committee; create......................................................HR 244 House Crime Prevention System Study Committee; create........................................HR 860 House Discipline in Schools Study Committee; create...................................................HR 92 House Disparity in Sentencing and Sentencing Reform Study Committee; create .................................................................................................HR 70 House Drivers' Licensing Study Committee; create......................................................HR 243 House Motor Vehicle Safety Inspection Study Committee; create ..............................HR 96 House Quality of Work Life Study Committee; create ................................................HR 352 House Rapid Rail Passenger Service Study Committee; create..................................HR 883 House Savannah River Basin Study Committee; create ..............................................HR 106 House Strategic Planning Study Committee; create.....................................................HR 371 House Truck Safety Study Committee; create ..............................................................HR 407 Housing authority overview committees; create............................................................HB 323 Joint Abortion Study Committee; create........................................................................HR 872 Joint Committee on Environmental Protection Services; create ................................HR 683 Joint Legislative Committee on Economy, Reorganization and Efficiency in State Government; create...........................................................................SR 7 Joint Management Committee of Employees and Teachers Retirement Systems; create................................................................................................................HB 284 Joint Outpatient Drug Treatment Study Committee; create ......................................HR 692 Joint State-wide Lottery Study Committee; create ........................................................HR 29 Joint Study Committee on Cost Display on State Publications; create.....................SR 110 Joint Study Committee on Efficiency in State Government; create...........................SR 363 Joint Study Committee on Hazardous Waste Management; create...........................HR 778 Joint Study Committee on Jail Financing in Georgia; create .....................................HR 862 Joint Study Committee on Parks, Recreation and Natural Areas; create.................HR 811 Joint Study Committee on State Officials' Compensation; create .............................HR 886 Joint Task Force on Revising Employment Security Law; create..............................HR 590

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COMMITTEES (Continued) Joint Task Force on Revising Employment Security Law; create...............................SR 314 Joint West Point Lake Study Committee; create .........................................................HR 693 Joint Workers' Compensation Study Committee; create .............................................HR 810 Medical Examiner Study Committee; create .................................................................HR 383 Older Georgians Transportation Study Committee; create .........................................HR 634 Parade and Demonstration Cost Containment Study Committee; create.................HR 635 Parks Authority Overview Committee; create..............................................................HB 1209 Privatization of Penal Institutions Study Committee; create .......................................HR 18 Public School Child Care Study Committee; create .....................................................HR 839 Records Preservation Study Committee; create ..........................................................HR 1053 Relative to officials, employees, and committees; amend HR 3 .................................HR 648 School dropouts; effort to reduce number; provide study committee......................HR 1065 State Public Authorities Study Committee; create.......................................................HR 647 Strategic Planning Study Committee; create...............................................................HR 1015 Study Committee on Low and Moderate Income Housing in Georgia; create .......HR 1000 Train and Rail Service Study Committee; create ...........................................................HR 10
COMMITTEES, STANDING Assignments...............................................................................................Pages 3034, 3035, 3036
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Governor .................................................Pages 1479, 3026, 3028, 3029, 3032, 3033, 3041, 3042 Groover, Representative Denmark, Jr...........................................................................Page 136 Isakson, Representative Johnny ...................................................................................Page 3061 Kingston, Representative Jack......................................................................................Page 2344 Legislative Counsel ............................................................................Pages 26, 27, 132, 133, 135 Lieutenant Governor ........................................................................................Pages 25, 133, 135 Moore, Representative James; resignation..................................................................Page 3033 Pannell, Representative Jim..........................................................................................Page 3047 Parrish, Representative Larry J.....................................................................................Page 136 Pettit, Representative Boyd............................................................................................Page 134 Ragan, Senator Hugh A...................................................................................................Page 134 Rainey, Representative Howard; resignation..............................................................Page 3032 Secretary of State ............................................Pages 28, 166, 221, 416, 703, 1037, 1349, 1953, 2637, 3010, 3024, 3026, 3027, 3028, 3029, 3031, 3068 Speaker of the House........................................................Pages 25, 133, 135, 3034, 3035, 3036
COMMUNITY AFFAIRS Certain minimum standards; ratify.................................................................................HR 638 Comprehensive Solid Waste Management Act............................................................HB 1364 Comprehensive Solid Waste Management Act...............................................................SB 533 County Leadership Act; provide training seminar......................................................HB 1442 Economic Rehabilitation Act; revise provisions..............................................................SB 530 Emergency Medical Services Loan Fund; create.........................................................HB 1260 Fire Department Grant Fund; create............................................................................HB 1089 Fire Department Revolving Loan Fund; create...........................................................HB 1083 Homeless persons; shelter and meals; implement program to provide .......................SB 208 Local governments; bonds; allocation............................................................................HB 1708 Regional development centers; supplemental funding formula; ratify.......................HR 636 Regional development centers; supplemental funding formula; ratify .......................SR 332 Rural Facilities Economic Development Act; provide ................................................HB 2087
CONDOMINIUMS Georgia Condominium Act; amend..................................................................................HB 502 Georgia Condominium Act; amend provisions................................................................SB 650

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CONDOMINIUMS (Continued) Handicapped persons; multifamily dwellings; accessibility; date ................................SB 678 Residential housing; accessibility for disabled and elderly..........................................HR 323
CONSERVATION AND NATURAL RESOURCES "A Can Do Week"; designate; Gwinnett Clean and Beautiful ....................................HR 970 Aboveground storage tanks; diesel fuel; no prohibition................................................SB 716 Ad valorem tax; standing timber; fair market value...................................................HB 1539 Aerobic wastewater treatment plants; authorize usage.................................................HB 746 Agricultural Exposition Authority; membership; compensation ...............................HB 1374 Air contaminants; construction of certain facilities; permit ........................................HB 700 Air pollution; permit applications; emission standards; compliance ........................HB 2086 Air Quality Control Act; requirements for permits.......................................................HB 933 All-terrain vehicles; regulation..........................................................................................HB 682 Biomedical waste; regulation..........................................................................................HB 2033 Boats; discharging sewage on Lake Lanier; exceptions ..............................................HB 1695 Boats; discharging sewage on lakes; prohibitions ........................................................HB 1807 Campaign disclosure; soil and water conservation supervisors; exempt ..................HB 1465 Cane toad licking problem; urge study...........................................................................HR 830 Carnival Ride Safety Act; regulation................................................................................SB 570 Census Month in Georgia; designate March 1 to April 1, 1990 .................................HR 1179 Cleaning agents; retail sales; certain prohibitions .........................................................HB 762 Commercial driver's license; hazardous materials; requirement ...............................HB 1330 Committee on Parks, Recreation, Historic Preservation and Natural Areas; create ..............................................................................................SR 414 Comprehensive Solid Waste Management Act; provide.............................................HB 1364 Comprehensive Solid Waste Management Act; provide................................................SB 533 Conservation rangers; law enforcement; assistance; authorization ...........................HB 1373 Counties and municipalities; solid waste disposal contracts; bids...............................SB 237 Cyclorama; admission fee; repeal exemption for school children................................HB 920 Dams; expiration date for certain exemption .................................................................SB 563 Department of Environmental Protection; create .......................................................HB 1487 Dimension lumber; grading; standards.............................................................................SB 665 Earth Day; recognize April 22, 1990................................................................................HR 896 EBDC fungicides and Benomyl on certain vegetables; urge continued use..............HR 624 Eminent domain; certain maintenance of condemned property ...............................HB 1050 Employees' Retirement; Hazardous Waste Management Authority; membership.....................................................................................................................HB 769 Environment; legislative support; urge .........................................................................HR 1014 Environmental Policy Act; enact ......................................................................................SB 651 Environmental Policy Act; enact......................................................................................HB 949 Environmental Protection Act of 1990; enact..............................................................HB 1362 Environmental Protection Division; director; appointment.......................................HB 1566 Fiduciary; environmental risks; powers.........................................................................HB 1747 Forest products; severance taxation ..............................................................................HB 1175 Gasoline service stations; certain requirements; applicability......................................SR 432 Georgia Music Hall of Fame Authority; create...............................................................SB 717 Georgia Music Hall of Fame Authority Overview Committee; create ........................SB 718 Georgia Trust for Historic Preservation, Inc; convey property...................................HR 321 Georgia Water Authority; create....................................................................................HB 1820 Glynn County; Colonel's Island; marker in honor of Governor Vandiver..................SR 297 Hazardous Materials Safety Act; enact...........................................................................HB 931 Hazardous waste disposal sites; amend provisions......................................................HB 1124 Hazardous waste facilities; design and construction; state policy ............................HB 1474 Hazardous waste facilities; reports ...................................................................................SB 519 Hazardous Waste Management Authority; membership; terms ..................................SB 652 Hazardous Waste Management Authority; reduction study; impact statement..........................................................................................................HR 1050

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CONSERVATION AND NATURAL RESOURCES (Continued) Hazardous waste reduction plans; reports....................................................................HB 1746 House Savannah River Basin Study Committee; create ..............................................HR 106 Houseboats; operation on certain lakes; prohibitions....................................................SB 490 Hunting; turkey gobblers; closing season........................................................................HB 424 Income tax; timber sales; certain exemption..................................................................HB 939 Income tax; timber sales; credit.......................................................................................HB 940 Jekyll Island-State Park Authority; membership.............................................................SB 99 Joint Committee on Environmental Protection Services; create ................................HR 683 Joint Study Committee on Hazardous Waste Management; create...........................HR 778 Joint Study Committee on Parks, Recreation and Natural Areas; create .....................................................................................................HR 811 Landfill operators; certification........................................................................................HB 148 Limit liability for persons handling used oil for recycling; urge.................................HR 758 Low phosphorous household laundry detergents; amend provisions...........................SB 696 Mining; blasting; residential water well; distance requirement.................................HB 1766 Mining; permit; certain agreement between counties.................................................HB 1769 Mountain Protection Act; enact............................................................................................SB 1 Natural Resources, Board of; judicial review of decisions; hearing.............................SB 534 Natural Resources; certain minimum standards; ratify................................................HR 637 Natural Resources Department; certain income and expenditures; reporting requirements..................................................................................................HR 930 Natural Resources Department; minimum standards and procedures; ratify..................................................................................................................................SR 331 Natural Resources Department; sovereign immunity; waiver ...................................HB 2007 Natural Resources Department; urge report of certain income and expenses....................................................................................................................HR 933 Nurserymen and landscapers; agriculture priority during water shortages................................................................................................................HR 388 Oil spills; regulation by Environmental Protection Division.....................................HB 1958 Outdoor public firearms facility; urge Department of Natural Resources funding............................................................................................HR 814 Paper products manufactured from recycled paper; urge purchase...........................HR 816 Parks Authority Overview Committee; create..............................................................HB 1209 Pest control; applications; post certain signs .................................................................HB 204 Pollution; House Natural Resources and Environmental Committee to study........................................................................................................HR 367 Pollution; lake water quality standard; establish........................................................HB 1532 Pollution Prevention and Waste Reduction Assistance; provide.................................SB 644 Ranger; driver's license as collateral for bail................................................................HB 1787 River Corridor Protection Act; enact............................................................................HB 1133 Sales tax; certain industrial materials; exemption ........................................................HB 293 Sales tax; metal coins and bullion; exemption.............................................................HB 1087 Salt waters; open or close; determination by Commissioner .....................................HB 1369 Sanitarians and environmental health specialists; regulation .....................................HB 135 Secretary of State; certain authorities; remove from membership ..............................SB 460 Sewage Holding Tank Act; provide ...............................................................................HB 1957 Soil Erosion and Sedimentation Control Overview Study Committee; create................................................................................................................................HR 888 Solid waste disposal; location; notification...................................................................HB 1808 Solid waste disposal; permit provisions ...........................................................................SB 478 Solid waste disposal; residential areas; distance requirements ...................................HB 988
Solid waste facilities; certain permits; moratorium.....................................................HB 1358
Solid waste facilities; loans to counties and municipalities - CA................................SR 327
Solid Waste Planning, Recycling and Reduction Act; enact .......................................HB 521
Solid waste; recycling; urging certain support.............................................................HR 1038
Solid waste; transport from one state to another; urge prohibition ...........................HR 721

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3115

CONSERVATION AND NATURAL RESOURCES (Continued) State Games Commission; assignment to Department of Natural Resources ...........SB 568 State-wide mass transit and heavy rail system; feasibility study ...............................HR 322 Taxidermy Examiners, State Board of; create...............................................................HB 453 Taylor County; urge halt to landfill construction .........................................................HR 815 Toxic chemicals in fish levels; single standard; urge adoption....................................HR 720 Uniform rules of the road; application on certain private property.........................HB 1337 Wastewater treatment plant; permit ...............................................................................HB 696 Water pollution; combined sewer overflow system; permit .......................................HB 1535 Water pollution; combined sewer overflow system; permit ..........................................SB 605 Water pollution; combined sewer overflow system; treatment plan.........................HB 1533 Water pollution; combined sewer overflow system; treatment plan............................SB 606 Water pollution; study portion of Chattahoochee River Basin .................................HB 1534 Water quality; certain lakes; standards ...........................................................................SB 714 Water Quality Control Act; violation; penalty ................................................................SB 608 Water quality control; phosphate detergents ...............................................................HB 1218 Water Supply Protection Act; enact................................................................................HB 184 Wells; drilling under direction of geologists; contractor's license .............................HB 1785
CONSTITUTIONAL AMENDMENTS Ad valorem tax; agricultural, horticultural or forest land..............................................HR 15 Ad valorem tax; assess property at current use value ..................................................HR 836 Ad valorem tax; assessment; limit increase ....................................................................HR 718 Ad valorem tax; education; other sources of revenue ...................................................HR 167 Ad valorem tax; education; reduce mill limitation........................................................HR 111 Ad valorem tax; exempt timber; provide timber yield tax ..........................................HR 726 Ad valorem tax; homestead exemption; assessment......................................................HR 716 Ad valorem tax; homestead property; separate class ....................................................HR 717 Ad valorem tax; standing timber; exemption.................................................................HR 706 Appropriations; automatic provision ...............................................................................HR 465 Atlanta; bonded indebtedness without referendum; educational purposes................SR 122 Bingo; nonprofit games; prohibit .....................................................................................HR 885 Boards of education; election and number .......................................................................HR 23 Boards of education; election; school superintendents; appointment ........................HR 709 Boards of education; election; single-member districts ................................................HR 163 Civil action against state agencies; Attorney General authorization...........................SR 298 Commissioner of Agriculture; appointment....................................................................HR 711 Commissioner of Education; create office ......................................................................HR 884 Commissioner of Education; create office .......................................................................SR 457 Commissioner of Insurance; appointment ......................................................................HR 712 Commissioner of Labor; appointment.............................................................................HR 713 Counties and municipalities; composition of governing authority; referendum ....................................................................................................HR 315 Counties and municipalities; planning and zoning powers; amend procedures.............................................................................................................HR 88 Criminal or traffic offenses; additional penalty; law enforcement salary supplement.............................................................................HR 567 Divorce cases; county of plaintiffs residency.................................................................HR 585 Drug-related crime; additional penalty ...........................................................................HR 220 Education trust fund; tuition assistance; advance payment........................................HR 763 Elections; vacate office when qualifying for another.......................................................SR 42 Emergency management rescue specialists; indemnification.......................................HR 588 Emerging crops loan fund; appropriation.......................................................................HR 466 Emerging crops loan fund; appropriation.......................................................................HR 796 General Assembly; bills contingent upon appropriation; prohibitions.......................HR 310 General Assembly; open meetings.........................................................................................SR 4 General Assembly; session for overriding Governor's veto ........................................HR 1131 Georgia Health Insurance Trust Fund; create...............................................................HR 369

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3116

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CONSTITUTIONAL AMENDMENTS (Continued) Governor and Lieutenant Governor; one six-year term ...............................................HR 372 Grand juries; selection; jurisdiction .................................................................................HR 710 Hospitals; loans; investment of proceeds ........................................................................HR 734 Industrial area; ad valorem tax; removal of property....................................................SR 386 Initiative petition; power to enact or reject ....................................................................SR 283 Judges; removal, suspension or discipline.......................................................................HR 932 Juvenile and criminal cases; fees for drug abuse education ........................................HR 591 Lieutenant Governor; abolish office ................................................................................HR 100 Lieutenant Governor and Speaker, House of Representatives; limit terms.......................................................................................................................HR 631 Local governments; sales tax without certain limitation..............................................HR 279 Local school boards; other sources of revenue .................................................................HR 72 Lotteries; delete prohibitions..............................................................................................HR 28 Lotteries; prohibitions; exempt certain bingo games ......................................................HR 13 Lottery; hospital care for indigents and educational purposes; proceeds............................................................................................................HR 69 Moral Turpitude Conviction; prohibit holding state office...........................................HR 32 Moral turpitude conviction; prohibit holding state office.............................................SR 423 Motor fuel tax; mass transportation facilities; appropriations....................................HR 911 Municipal courts; violations; jurisdiction........................................................................HR 861 Pardons and paroles; aggravated mutilation; prohibition............................................HR 642 Pardons and Paroles Board; election.................................................................................HR 25 Pardons and Paroles Board; election; chairman; appointment ...................................HR 646 Pardons and paroles; certain conviction; serve one-third of sentence ..........................SR 37 Pardons and paroles; felony trafficking offenses; prohibitions ...................................HR 837 Pardons and Paroles Board; terms .....................................................................................SR 96 Pari-mutuel wagering; provide by referendum ..............................................................HR 119 Public facilities; barriers to handicapped; funds for removal......................................HR 467 Public officers and employees; certain suits; liability...................................................HR 777 Public officials; certain crimes; ineligibility to hold office............................................SR 116 Revenue debt; business loans to encourage economic development............................SR 387 Solid waste facilities; loans to counties and municipalities ..........................................SR 327 Special County sales tax; educational purposes.......,.......................................................HR 95 Special County sales tax; educational purposes.............................................................HR 168
Special investigative grand juries; drug trafficking; jurisdiction .........................................................................................................................HR 36
Special investigative grand juries; drugs; jurisdiction....................................................SR 285 Special one percent sales tax; educational purposes.....................................................HR 227 Standing timber; alternative method of taxation ..........................................................HR 704 State Housing Trust Fund for Homeless; certain funds; deposit ...............................HR 762 State loans to local government; solid waste recycling and facilities.........................HR 584 State lottery; disposition of proceeds ................................................................................HR 11 State Lottery; provide...........................................................................................................SR 30 State officials; election by plurality ...................................................................................HR 24 State School Superintendent; appointment ...................................................................HR 708 State School Superintendent; hold office no more than two terms...........................HR 239 Statewide grand juries; create.............................................................................................SR 58 Superior and state courts; vacancies; special election ..................................................HR 161 Superior court judges; election, residency requirements..............................................HR 641 Superior court judges; terms; election.............................................................................HR 640 Tax relief; elderly ...............................................................................................................HR 238 University System of Georgia; revenue-producing facilities; financing.......................SR 397
CONSUMER AFFAIRS Cleaning agents; retail sales; certain prohibitions.........................................................HB 762 Commercial Code; motor vehicle sales; collateral..........................................................HB 943 Commercial Code; motor vehicle sales; collateral........................................................HB 1492

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INDEX

3117

CONSUMER AFFAIRS (Continued) Commercial Code; motor vehicle sales; collateral........................................................HB 1724 Consumer lease; personal property rental; prepayment...............................................HB 614 Consumer reports; bankruptcy information; certain prohibitions ............................HB 1213 Deceptive trade practices; copy-righted material; certain exemptions .....................................................................................................................HB 1497 Distilled spirits; retail dealers; residing requirement......................................................HB 97 Fax machines; unsolicited commercial messages; prohibitions..................................HB 1181 Financial transaction card; personal information on sales record; prohibit.............................................................................................................HB 1890 Financial transaction card; personal information on sales record; prohibit.............................................................................................................HB 2032 Flea market sales; certain records; requirement.............................................................SB 751 Food sales; retail groceries; price label..........................................................................HB 1233 Franchised Motor Vehicle Practices Study Committee; create...................................HR 189 Gambling; certain games or devices; exceptions.............................................................SB 412 Highways; rest areas; law enforcement; jurisdiction...................................................HB 1435 Innkeepers; deposit; inspection of premises at check out..........................................HB 1079 Insurance Consumer Advocate; provide.............................................................................SB 33 Low phosphorous household laundry detergents; amend provisions...........................SB 696 Motor Vehicle Warranty Rights Act; create.................................................................HB 1555 Motor vehicles; damage to new vehicles; disclosure....................................................HB 1810 New motor vehicles; manufacturers; failure to conform to warranty.......................HB 1049 New residential construction; seller furnish certain plans .........................................HB 1528 Pawnbrokers; motor vehicles; possession before fee charged ....................................HB 1725 Pest control; applications; post certain signs .................................................................HB 204 Principal and agent; professional services; charges.....................................................HB 1069 Property; sales contracts; disclose certain provisions.................................................HB 1405 Public Service Commission; utilities engaging in least cost planning; authorization..........................................................................................HB 684 Reports; writ of fieri facias; verification.......................................................................HB 1522 Retail facilities; public restroom facilities ........................................................................HB 87 Sales tax; solicitation; definition of dealer ...................................................................HB 1346 Time-share; delete reference to certain campsite programs......................................HB 1546 Trade; rights of ownership of works of fine art..............................................................SB 457 Trade Secrets Act of 1990; provide................................................................................HB 1606 Trade Secrets Act of 1990; create ..................................................................................HB 1449 Utility Finance Section of Public Service Commission; abolish ...............................HB 1125
CONTRACTORS(CONSTRUCTION)
Ad valorem tax; property assessed on its existing use..................................................HB 406 Blasting or excavating near underground pipes; notification....................................HB 1651 Building permit; submit plans to officer of fire department.....................................HB 1537 Buildings; Standard Fire Prevention Code (SBCCI); requirements.........................HB 1680 Buildings; water preservation; indoor plumbing; requirements ................................HB 1827 Conditioned air contractor; license requirements........................................................HB 1556 Construction; electrical contractors; define premises..................................................HB 1870 Contracts; payment bonds for public works; requirements ............................................SB 44 Contracts; right to bring action; nonresident contractors.............................................SB 565 Handicapped persons; multifamily dwellings; accessibility..........................................HB 648 Handicapped persons; multifamily dwellings; accessibility; date ................................SB 678 Health; nonsewered toilet systems; regulate ..................................................................HB 619 Licensing examination; requirements..............................................................................HB 435 Materialman's lien; claim; notify property owner .........................................................HB 533 Mechanics' and materialmen's liens; waiver.................................................................HB 1515 New residential construction; seller furnish certain plans .........................................HB 1528 Pesticides; aerial contractor; licensing.............................................................................HB 552 Property; certain counties; extend covenants..................,............................................HB 1553

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3118

INDEX

CONTRACTORS (CONSTRUCTION) (Continued) Public contracts; bids; restrictions....................................................................................SB 296 Real estate; salesperson's license; reinstatement requirement ..................................HB 1679 Sewage Holding Tank Act; provide ...............................................................................HB 1957 Timely payments to certain subcontractors .................................................................HB 2090 Wells; drilling under direction of geologists; contractor's license .............................HB 1785 Workers' compensation; recovery against third party tort-feasors.............................HB 319
CONTRACTS Administrative Services; recycled paper or fiber; certain contracts .........................HB 1262 Counties and municipalities; multi-year contracts ......................................................HB 1207 Counties and municipalities; solid waste disposal contracts; bids...............................SB 237 County boards of health, certain contracts; bids.........................................................HB 1552 Education; contracts for transportation of pupils .......................................................HB 1441 Education personnel; employment contracts..................................................................HB 548 Executors; fee schedules ..................................................................................................HB 1096 Georgia Education Trust; create ......................................................................................HB 819 Health insurance; insolvency pool; membership............................................................HB 250 Human Resources; certain contracts; amend provisions ............................................HB 1251 Insurance; written notification of termination of agent ...............................................HB 759 Life insurance; notification to insured ..........................................................................HB 1219 Materiahnan's lien; claim; notify property owner .........................................................HB 533 Partial restraint of trade; exceptions...............................................................................HB 744 Payment bonds for public works; requirements...............................................................SB 44 Probation; counties contract for certain services.........................................................HB 1455 Property and casualty insurance; business by producer which controls insurer .............................................................................................................HB 1130 Property; sales contracts; disclose certain provisions .................................................HB 1405 Public contracts; bids; certain amount..........................................................................HB 1720 Public contracts; bids; restrictions....................................................................................SB 296 Releases; operation of law ...............................................................................................HB 1792 Right to bring action; nonresident contractors...............................................................SB 565 Sales tax exemption; certain property furnished by water or sewer authority................................................................................................................HB 153 State government; women and minorities; participation in contracts .......................HB 103 Transportation Department; contracts; agreement for drug-free workplace .......................................................................................................................HB 1230 Utility, industrial, yard and garden equipment; regulate distributors.....................................................................................................................HB 1941
CONTROLLED SUBSTANCES Bailable offense before superior court judge; minimum bail.....................................HB 1339 Business license; suspension; violation of Controlled Substances Act.....................HB 1161 Certain offenses; proximity to schools...........................................................................HB 1216 Certain violations; imprison without parole .................................................................HB 1868 Contraband and forfeitures; amend provisions............................................................HB 1301 Controlled Substances Act; certain conveyances; forfeiture ......................................HB 1182 Controlled Substances Act; violations; fines ................................................................HB 1345 Convictions; examining board licenses; sanctions........................................................HB 1266 Dangerous drugs; amend list...........................................................................................HB 1377 Distributing to unborn child; penalty ...........................................................................HB 1146 Distributing to unborn child; penalty ...........................................................................HB 1393 Driver's license suspension; drug trafficking...................................................................SB 531 Driver's license suspension; possession of controlled substance................................HB 1200 Driving under the influence; implied consent..............................................................HB 1655 Drug abuse; trafficking in marijuana; punishment .....................................................HB 1436 Drug Demand Reduction fund; drug abuse education ...............................................HB 1348 Drug-free Georgia Study Committee; create..................................................................HR 981

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INDEX

3119

CONTROLLED SUBSTANCES (Continued) Drug-free Public Work Force Act; enact ......................................................................HB 1267 Drug-free Public Work Force Act; enact.........................................................................SB 500 Drug offenses; additional penalty assessments ..............................................................HB 651 Drug offenses; superior court clerks publish names.......................................................SB 514 Drug-related crime; additional penalty - CA .................................................................HR 220 Drug testing; candidates for state-wide office.................................................................SB 545 Drug trafficking; minors; penalty .....................................................................................HB 520 Drug trafficking; school property; separate offense .......................................................SB 204 Drugs; additional fines for certain offenses..................................................................HB 1139 Educators; certain designated crimes; reporting requirements .................................HB 1521 Examining board licensee; certain drug conviction; sanctions..................................HB 1653 Firearms; license to carry; illegal drug conviction; eligibility.......................................SB 512 Forfeitures; amend provisions.........................................................................................HB 1315 Forfeitures; amend provisions............................................................................................SB 146 Forfeitures; disposal of seized property; time..............................................................HB 1607 Forfeitures; proceeds; certain children and youth..........................................................SB 521 Forfeitures; stay until conviction ...................................................................................HB 1376 Georgia Bureau of Investigation; local criminal investigations; participation ..................................................................................................................HB 1142 Georgia Development Authority; exclude persons for illegal drug activity...................................................................................................................HB 1160 Georgia Employer Drug Testing Act; provide..............................................................HB 1866 Insurance agents and brokers; license suspension; certain offenses .........................HB 1169 Juvenile and criminal cases; fees for drug abuse education - CA...............................HR 591 Law enforcement and prison guards; felony offense...................................................HB 1387 Licensing sanction; certain occupation.............................................................................SB 503 Offenses within certain district of school; penalty ......................................................HB 1394 Pardons and Paroles; certain offenses; restrictions........................................................SB 280 Proceeds from forfeitures ..................................................................................................HB 383 Proceeds from sales; forfeiture .......................................................................................HB 1223
Proceeds from sales; forfeiture .......................................................................................HB 1256 Prohibit purchase .............................................................................................................HB 1340
Public transit operators; drug-testing programs..........................................................HB 1801 Residential Finance Authority; exclude persons for illegal
drugactivity...................................................................................................................HB 1159 Retirement; public employees convicted of certain crimes;
forfeit benefits...............................................................................................................HB 1145 Revenue Commissioner; jeopardy assessment..............................................................HB 1252
Revise provisions...............................................................................................................HB 1344
Sales to minors; penalty ....................................................................................................HB 349 Sales to minors; penalty ....................................................................................................HB 793
Schools; certain crimes, reporting requirements; liability immunity........................HB 1297 Selling; possession; penalty .............................................................................................HB 1368
Special investigative grand juries; jurisdiction - CA......................................................SR 285
State contracts; illegal drug activity; preclude persons convicted ............................HB 1150 State employees; random drug testing ..........................................................................HB 1171
State employees; random drug testing ..........................................................................HB 1264 State employees; random drug testing .............................................................................SB 502
State employment; drug testing .....................................................................................HB 1170 State employment; drug testing .....................................................................................HB 1263
State-wide network of regional educational services agencies; local assistance ..............................................................................................................HB 1143
Student Organization Responsibility for Drug or Alcohol Abuse Act......................HB 1225
Superior Court Judges; bailable offenses; controlled substances................................HB 268 Taxation; marijuana ...........................................................................................................HB 164

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3120

INDEX

CONTROLLED SUBSTANCES (Continued)

^

Workers' compensation; certain injury or death;

i

benefits not allowable ..................................................................................................HB 1168 |

Workers compensation; injured while under influence

-

of drugs; benefits ..........................................................................................................HB 1269

CONYERS, CITY OF; mayor and council; election....................................................HB 1796 '.

CORDELE, CITY OF; Cordele Office Building Authority; amend purpose...........HB 1399

CORONERS Death investigation; requirements.................................................................................HB 1323 Embalming expenses; payment .........................................................................................SB 594 Post-mortem examination; local medical examiner; definition...................................HB 878 Post mortem examination; notification of death to coroner......................................HB 1652 Training Council; membership; terms..............................................................................SB 595 Training Council; quorum; amend provisions .................................................................SB 593 Training course; requirement ............................................................................................SB 192 ;

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Alien corporations; annual registration; filing.................................................................SB 537 Business Corporation Code; amend provisions ............................................................HB 1361 Effectuate insurance upon certain employees; authorization.......................................SB 523 Electric membership corporation; service charge for dormant account.....................HB 456 '. Georgia Competitive Practices Act of 1989; enact ........................................................HB 735 Income tax; amend provisions ..........................................................................................HB 482 Income tax; corporations; allocation of income..............................................................HB 467 Income tax; corporations; certain tax credits .................................................................HB 532 ' Insurance; fraternal benefit societies; revise provisions .............................................HB 1129 Intangible tax; financial institutions; exemption of stock..........................................HB 1623 Mortgages; Electric Membership Corporations may encumber after-acquired property ................................................................................................HB 1282 Small businesses; minimum amount of capital............................................................HB 1610

CORRECTIONS, DEPARTMENT OF (See Penal Institutions)

CORRECTIONAL OFFICERS DON PENDARVIS AND FERRELLPEAGLER;commend..............................................................................HR 1077

COUCH, HONORABLE BARBARA H.; commend.................................................HR 1176

COUNTIES (Also, see Local Government or Named County) Ad Valorem Assessment Review Commission; appraiser member; certification ...................................................................................................HB 1206 Ad valorem tax; annual reports containing millage rate............................................HB 1540 Ad valorem tax; certain property; transferor's liability................................................HB 586 Ad valorem tax; county digest; furnish copies...............................................................HB 387 Ad valorem tax; disapproval of digest; additional assessment ..................................HB 1702 Ad valorem tax; disapproval of digests; repeal certain withholding provisions.................................................................................................HB 1730 Ad valorem tax; disapproved county digests; collection.............................................HB 1700 Ad valorem tax; executions against public utilities.....................................................HB 1703 Ad valorem tax; freeport exemption; annual application...........................................HB 1211 Ad valorem tax; rate increase; limitation......................................................................HB 1543 Ad valorem tax; revaluation or reappraisal program; reduction .............................HB 1395 Ad valorem tax; tax assessors; deficiency assessments ...............................................HB 2091 Ad valorem tax; value and millage rates by local tax officials....................................HB 930 Ad valorem tax; youth programs; additional purpose.................................................HB 1508 Administrative Services; local governments procure services at competitive prices .......................................................................................................SB 617

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INDEX

3121

COUNTIES (Also, see Local Government or Named County) (Continued) Air contaminants; construction of certain facilities; permit ........................................HB 700 Airports; financial assistance for certain facilities.......................................................HB 1671 Alcoholic beverages; Sunday sales; certain date .............................................................SB 542 Ambulances; motor vehicle insurance; requirements .....................................................SB 307 Annexation; certain counties; applicability.....................................................................!!!} 941 Annexation; certain counties; applicability; remove language ...................................HB 1814 Annexation; zoning procedures.........................................................................................HB 845 Appeals; review zoning decisions....................................................................................HB 2054 Appraisal requirements for purchase of property .........................................................HB 348 Bias Crimes and Antiterrorism Task Force; establish................................................HB 1596 Billiard rooms; regulation...................................................................................................SB 291 Boards of commissioners; single member districts..........................................................HB 85 Boards of education; election and number - CA.............................................................HR 23 Boards of education; election; single-member districts - CA.......................................HR 163 Boards of education; filling vacancies.............................................................................HB 704 Boards of education; other sources of revenue - CA.......................................................HR 72 Boards of tax assessors; removal from office; number of petitioners.......................HB 1176 Bonds; allocation...............................................................................................................HB 1708 Bonds; expenditure of funds other than stated..............................................................SB 554 Bonds; investment of proceeds .........................................................................................HB 631 Branch bank; establishment in certain counties..........................................................HB 1722 Buildings; display names of certain officials................................................................HB 1248 Building permit; submit plans to officer of fire department.....................................HB 1537 Buildings; Standard Fire Prevention Code (SBCCI); requirements.........................HB 1680 Business and occupation tax; failure to pay; prosecution..........................................HB 1608 Business and occupation tax; Professional Counselors and Social Workers; exemption..........................................................................................HB 1490 Campaign contributions; public agencies; prohibitions ..............................................HB 1336 Children and youth investment fund; traffic fines ........................................................SB 353 Clerks attend training seminar.......................................................................................HB 1443 Colleges; president serve as county or municipal deputy registrar...........................HB 1419 Compensation of certain county officials; effective date of census ..........................HB 1482 Composition of governing authority referendum - CA.................................................HR 315 Comprehensive Solid Waste Management Act; provide.............................................HB 1364 Comprehensive Solid Waste Management Act; provide................................................SB 533 Conservation rangers; law enforcement; assistance; authorization ...........................HB 1373 Consolidation procedures.................................................................................................HB 1123 Contracts; payment bonds for public works; requirements............................................SB 44 Controlled substances; proceeds from sales; forfeiture...............................................HB 1256 Coroners; embalming expenses; payment........................................................................SB 594 Coroners; training course; requirement............................................................................SB 192 Corrections, Department of; transfer of inmates; fees...................................................SB 149 County attorney; appointment; amend provisions .........................................................SB 171 County boards of equalization; membership; appointments......................................HB 1460 County boards of equalization; notice of appeal; filing fee........................................HB 1660 County boards of health; treatment of certain patients; standards...........................HB 974 County jails; confinement of inmate; jurisdiction ..........................................................SB 561 County jails; prisons; sanitation and health requirements; standards.....................HB 1163 County Leadership Act; provide training seminar ......................................................HB 1442 Courthouses; demolition; referendum requirement.....................................................HB 1247 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367
Development impact fees ..................................................................................................HB 796
Disposition of property of certain development authorities......................................HB 1548
District attorneys; secretaries; reimbursement of certain expenses............................HB 800
Divorce cases; county of plaintiffs residency - CA.......................................................HR 585
Dogs and cats; euthanasia by animal shelters................................................................HB 671

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3122

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Driver's license; suspension; notify Public Safety Department....................................SB 248 Education; alternatives for attending school of choice.................................................HR 855 Education; competencies and core curriculum; establish...........................................HB 1593 Education; contracts for transportation of pupils .......................................................HB 1441 Education; direct instructional costs; amend provisions ............................................HB 1430 Education; firearms safety program; prevent injuries to children......,.......................HR 857 Education Partnership Act of 1990; provide ................................................................HB 1518 Education; suspending and reopening local school systems; repeal certain article.....................................................................................................HB 1517 Education; year-round school calendar; alternatives ....................................................HR 856 Election from single-member commissioner district.......................................................HB 79 Election officials; transacting business with counties; prohibitions ............................SB 704 Elections; chief deputy registrars; exemption from certain restrictions..........................................................................................................HB 346 Elections; registration cards; identification ..................................................................HB 1172 Elevators; certain buildings; exemption ..........................................................................HB 136 Emergency management; restrict working hours of local director............................HB 1626 Emergency Medical Services Grant Fund; create........................................................HB 1259 Emergency 911 system; local governments impose monthly charge.........................HB 1422 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 539 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 596 Employment benefits; funds; include elected officials and personnel......................HB 1888 Fire departments; minimum requirements.....................................................................HB 620 Georgia Bureau of Investigation; local criminal investigations; participation ..................................................................................................................HB 1142 Grade crossing; protective devices; installation ..............................................................SB 701 Handicapped parking fines; use of funds .....................................................................HB 1116 Hazardous waste disposal sites; amend provisions......................................................HB 1124 Hazardous waste facilities; reports ...................................................................................SB 519 Hazardous waste reduction plans; reports ....................................................................HB 1746 Health Planning Review Board; applications; time for hearing...................................SB 628 Highways; two way left turn only lane; designate..........................................................SB 547 Hospital care for pregnant women; amend provisions..................................................HB 597 Hospitals; certain counties; establish without certificate of need.............................HB 1437 Hotel-motel tax; rate..........................................................................................................HB 770 Housing authority commissioners; operating surplus; compensate...........................HB 1681 Housing authority overview committees; create ............................................................HB 323 Human Resources; certain contracts; amend provisions ............................................HB 1251 Income tax; corporations; certain tax credits .................................................................HB 532 Income tax; local peace officers retirement benefits; exemption ................................HB 429 Income tax; moderately developed or developed areas; certain counties.............................................................................................................-.............HB 1961 Indigent defense; public defender; authorization ...........................................................SB 251 Jails; room and board; reimbursement fee .....................................................................HB 317 Joint county and municipal sales tax; distribution of proceeds................................HB 1307 Joint county and municipal sales tax; interest on proceeds ......................................HB 1738 Judges; disqualifications; certain cases relating to zoning .........................................HB 1583 Jurors; change method for composing jury lists ............................................................HB 591 Juvenile intake workers and probation officers; state subsidies..................................SB 227
Juveniles; local justice services; funding ..........................................................................SB 383
Law enforcement officers; injured in line of duty; compensate...................................SB 389
Law Enforcement Officers' Salary Supplement Act; enact........................................HB 1147
Law enforcement officers; training requirements; certain exemptions ......................HB 844
Legal advertisements; change rates ..................................................................................SB 271

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INDEX

3123

COUNTIES (Also, see Local Government or Named County) (Continued) Local legislation; advertisement; authorization..............................................................HB 522 Low phosphorous household laundry detergents; amend provisions...........................SB 696 Managers; General Assembly provide by local law.....................................................HB 1525 Medical Examiner Study Committee; create .................................................................HR 383 Mentally retarded persons; community services; amend provisions...........................HB 894 Middle Georgia Surface and Air Transportation Commission; create.....................HB 2043 Mining; permit; certain agreement between counties .................................................HB 1769 Motor vehicle registration; landlord's notification; requirement ..............................HB 1472 Motor vehicles emission and inspection; counties; applicability ...............................HB 1758 Motorized carts; registration and licensing; fee...........................................................HB 1562 Multi-year contracts.........................................................................................................HB 1207 Municipalities; certain annexation; county approval ....................................................HB 465 Municipalities; county voter registration; requirements.............................................HB 1627 Mutual Aid Act; cooperation between local law enforcement and the University System.............................................................................................SB 580 Northeast Georgia Surface and Air Transportation Commission; add member county......................................................................................................HB 1692 Occupational tax and license fees; amend provisions .................................................HB 1599 Offices providing goods or services; prohibitions.............................................................HB 13 Ordinance violations; increase fines...............................................................................HB 1567 Parade or demonstration permit; certain groups; restriction....................................HB 1347 Pari-mutuel wagering; counties; referendum..................................................................HB 447 Peace officers; training expenses; certain reimbursement..........................................HB 1093 Personal property sales; vendor repurchase ...................................................................HB 391 Planning and zoning powers; amend procedures - CA...................................................HR 88 Plats; regulations; land sales; recording...........................................................................SB 735 Post-mortem examination; local medical examiner; definition ...................................HB 878 Post-mortem examination; notification of death to coroner......................................HB 1652 Prisoners; cost of incarceration; reimbursement to counties .....................................HB 1911 Prisons; certain medical records transfer with inmate..................................................SB 612 Prisons; sanitation and health requirements; standards ............................................HB 1163 Probation; counties contract for certain services.........................................................HB 1455 Property appraisers; termination of employment on qualifying for public office ..........................................................................................HB 1338 Property; certain counties; extend covenants...............................................................HB 1553 Property; disturbing interred human remains .............................................................HB 1940 Property; land bank authorities; establish....................................................................HB 1662 Public facilities; barriers to handicapped; funds for removal - CA............................HR 467 Public officers and employees; liability insurance; immunity ...................................HB 1122 Public officials; malfeasance; punishment .......................................................................SB 600 Public Safety Department; reimbursement for certain services of state patrol..................................................................................................................HB 698 Quality Basic Education; length of school year; amend certain provisions............................................................................................................HB 325 Retirement systems of local law enforcement officers; urge improvement...........................................................................................................HR 782 Rural Facilities Economic Development Act; provide ................................................HB 2087 Sales tax; increase; repeal special county sales tax.......................................................HB 493 Sales tax without certain limitation - CA.......................................................................HR 279 School district; ad valorem tax; rate limitation ...........................................................HB 1542 Schools; sparsity grants for certain school systems; continuation ............................HB 1410
Sell or grant property to state...........................................................................................SB 687
Sexual offenses; certain convictions; register with sheriff..........................................HB 1496
Sheriffs' Retirement Fund; membership..........................................................................SB 455
Solid waste disposal contracts; bids..................................................................................SB 237
Solid waste disposal; location; notification ...................................................................HB 1808

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3124

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Solid waste facilities; loans to counties and municipalities - CA ................................SR 327 Solid Waste Planning, Recycling and Reduction Act; enact .......................................HB 521 Special county one percent sales tax; proceeds; record ..............................................HB 1444 Special county one percent sales tax; use of proceeds..................................................HB 986 Special county sales tax; change termination date........................................................HB 228 Special County sales tax; educational purposes - CA.....................................................HR 95 Special County sales tax; educational purposes - CA...................................................HR 168 Special county sales tax; separate proposals ..................................................................HB 506 Special county sales tax; separate proposals for each project .....................................HB 693 Special elections; nongeneral election year; date.........................................................HB 1476 Special investigative grand juries; drugs; jurisdiction - CA..........................................SR 285 Special license plates; sheriffs; certain vehicles...........................................................HB 1798 Special one percent sales tax; educational purposes - CA...........................................HR 227 Special purpose county sales tax; certain projects ......................................................HB 1473 Special sales tax; amend provisions relating to repeal .................................................HB 150 Speed detection devices; visibility; distance requirements ..........................................HB 750 State court judge; residence requirements......................................................................HB 192 State courts; retired judges; compensation.......................................................................HB 10 State Health Planning Agency; certain studies and reports; direction......................HR 809 State loans to local government; solid waste recycling and facilities - CA...................................................................................................................HR 584 State medical examiner; provide office; coroners; requirements...............................HB 1323 Tax officials; executions against public utilities; issuance .........................................HB 1480 Taxation; transfer of ownership of property; liability of purchaser .........................HB 2089 Teachers and certificated employees; certain employment continuation; compensation.........................................................................................HB 1054 Teachers; transfer employment; Central State Hospital; salary adjustment............................................................................................................HB 917 Teachers; transfer to nonteaching position after 25 years............................................SB 495 Telephone service; county boundary; rate....................................................................HB 1188 Telephone service; county boundary; rate....................................................................HB 1704 Telephone service; toll free dialing; certain intracounty calls.....................................HB 720 Telephone service; toll free dialing; certain intracounty calls......................................SB 524 Traffic offenses; fines; additional penalties.....................................................................SB 322 Uniform rules of the road; application on certain private property.........................HB 1337 Warehousemen; license requirements...............................................................................SB 691 West Georgia Regional Water Authority; add Carroll County ..................................HB 1993 Zoning; conflicts of interest; revisions ..............................................................................SB 654 Zoning powers; standards ................................................................................................HB 1475 Zoning Procedures Law for Metropolitan Counties; enact..........................................HB 555
COUNTY COMMISSIONERS OF THE STATE OF GEORGIA; recognize.....HR 685
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Abandoned motor vehicles; liens; filing fee.....................................................................SB 328 Abusive party; removal from home................................................................................HB 1781 Accusations; district attorney's authorization .................................................................SB 421 Adoption; parental rights; failure to care for child.....................................................HB 1409 Adoption; revise provisions ................................................................................................SB 443 Aggravated mutilation; create offense...........................................................................HB 1438 Appeals; judgments; $10,000 or less; amend provisions..............................................HB 1498 Appellate court; stipulated record and transcript .........................................................HB 713 Arrest warrants; oath of affiant.............................--...........................----...............----HB 1847 Arson investigator; witness fees.........................................................................................SB 579 Atlanta Judicial Circuit; add judge............--..........--------..--------.........------HB 1305 Atlanta Judicial Circuit; add two judges ......................................................................HB 1306 Atlanta Judicial Circuit; provide chief judge...............................................................HB 1514

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INDEX

3125

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Atlanta Judicial Circuit; add two judges ........................................................................HB 784 Attachment; application for writ; requirements ..........................................................HB 1848 Attorneys; trust accounts of client's funds; proceeds....................................................HB 105 Augusta Judicial Circuit; add judge...............................................................................HB 1574 Augusta Judicial Circuit; probation officials; supplement .........................................HB 1956 Bailable offense before superior court judge; minimum bail.....................................HB 1339 Bailable offenses before superior court judge; provisions .............................................SB 658 Blue Ridge Judicial Circuit; supplement.........................................................................SB 406 Bonds; coverage for fuel stolen at service stations........................................................HB 517 Brunswick Judicial Circuit; add judge ..........................................................................HB 2085 Chatham County; recorder's court; compensation of senior judge ...........................HB 1239 Child custody; amend provisions ......................................................................................SB 477 Child custody cases; appeal procedures ...........................................................................SB 238 Child support award; jury not required to specify reason for deviation ..................................................................................................................HB 1165 Child support receivers; increase fee.............................................................................HB 1689 Children and youth investment fund; traffic fines ........................................................SB 353 Civil practice; automatic dismissal.................................................................................HB 1155 Civil practice; depositions; videotaping.........................................................................HB 1055 Civil practice; dismissal or parties not prevailing; certain costs ...............................HB 1450 Civil practice; discovery; filing of requests and responses.........................................HB 1592 Civil practice; medical malpractice; tolling of limitations............................................HB 895 Civil practice; pleading; written request for admission ................................................HB 354 Civil practice; process servers .........................................................................................HB 1215 Civil practice; professional negligence; affidavit requirement.....................................HB 320 Civil practice; renewal of certain actions ......................................................................HB 1527 Civil practice; renewal; subject matter jurisdiction........................................................SB 586 Civil practice; sheriffs sales; dates ................................................................................HB 1647 Cobb Judicial Circuit; add judge ......................................................................................SB 715 Cobb Judicial Circuit; amend provisions ......................................................................HB 1920 Cobb Judicial Circuit; judges' supplement......................................................................SB 742 Contempt powers; applicability to employment requirements..................................HB 1274 Controlled Substances Act; violations; fines ................................................................HB 1345 Controlled substances and marijuana; proceeds from sales; forfeiture ....................HB 1223 Controlled substances; forfeit; stay until conviction...................................................HB 1376 Controlled substances; forfeitures; dispose of seized property; time........................HB 1607 Council of Juvenile Court Judges; duties........................................................................SB 669 Council of Superior Court Clerks; create......................................................................HB 1220 County courthouses; demolition; referendum requirement........................................HB 1247 County jails; confinement of inmate; jurisdiction ..........................................................SB 561 Court Officials Retirement System; create .....................................................................HB 756 Coweta Judicial Circuit; add judge................................................................................HB 1819 Coweta Judicial Circuit; add judge................................................................................HB 1946 Crime prevention systems; urge implementation ...........................................................SR 416 Criminal procedure; inspection of files by defendant.....................................................HB 35 Criminal procedure; remission of bonds; notification of hearings ..............................HB 426 Criminal procedure; speedy trials; provide...................................................................HB 1676 Criminal procedure; witnesses; testimony on direct examination.............................HB 1675 Criminal solicitation; penalty............................................................................................HB 509 Criminal traffic offenses; 16 year old tried as an adult..............................................HB 1739 Cruelty to animals; define offense .................................................................................HB 1926
Day-care centers; employee record checks; hearing officer; powers ............................SB 435
Death penalty or life imprisonment; judge's discretion................................................HB 282
Death penalty; prohibit for person under 18 years.........................................................HB 81
Death penalty; repeal.........................................................................................................HB 330
Deceptive trade practices; copy-righted material; certain exemptions ....................HB 1497

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COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Default judgment; introduction of certain evidence; amend requirements.....................................................................................................................SB 418 District Attorneys; definition............................................................................................HB 251 District attorneys emeritus; practicing law; repeal certain prohibitions.......................................................................................................................SB 640 District attorneys; personnel; continuation of certain positions ...............................HB 1663 District Attorneys' Retirement; transfer membership to Employees' Retirement ..................................................................................................HB 752 District attorneys; secretaries; reimbursement of certain expenses............................HB 800 Divorce; mediation proceedings.........................................................................................SB 181 Divorce; undefended cases; appoint attorney for certain determination ................................................................................................................HB 1228 Dougherty Judicial Circuit; judges; supplement..........................................................HB 2044 Driver's license; delay issuance to certain minors .........................................................HB 666 Driver's license; suspension; notify Public Safety Department....................................SB 248 Drug offenses; additional penalty assessments ..............................................................HB 651 Drug offenses; superior court clerks publish names.......................................................SB 514 Drug-related crime; additional penalty - CA.................................................................HR 220 Drugs; additional fines for certain offenses ..................................................................HB 1139 Eastern Judicial Circuit; district attorney; supplement .............................................HB 2040 Employees' Retirement; certain judicial employees; membership ............................HB 1088 Employees' Retirement; certain judicial membership ..................................................HB 436 Estates; certain powers of administrator ........................................................................HB 357 Estates; reporting period of fiduciaries .........................................................................HB 1392 Estates; temporary administrator for deceased person ................................................HB 147 Evidence; amend Code........................................................................................................SB 336 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Evidence; defendants' testimony; impeachment.............................................................SB 217 Evidence; DNA profile; requirement...............................................................................HB 137 Evidence; expert witnesses; medical malpractice; actions..........................................HB 1135 Evidence; persons gathering news and dissemination; privilege ..................................SB 636 Executors; fee schedules ..................................................................................................HB 1096 Family violence; certain facts; defendant remanded into custody...............................SB 551 Fetus, fetuses and fetal; change Code references ........................................................HB 1872 First offenders; certain criminal records; requirements .............................................HB 1184 Fleeing or eluding peace officer; penalty ......................................................................HB 1924 Flint Judicial Circuit; add judge....................................................................................HB 1242 Flint Judicial Circuit; add judge ....................................................................................HB 1951 Gambling; seizure; advertisement for two months ......................................................HB 1157 Gambling; seizure; default judgment; amend provisions............................................HB 1154 Georgia Animal Fighting Act; provide ..........................................................................HB 1767 Georgia Children and Youth Overview Committee; create...........................................SB 355 Georgia Courts Automation Commission; create...........................................................HR 849 Glynn County Superior Court; Brunswick Judicial Circuit; term ...............................SB 727 Grand juries; selection; jurisdiction - CA........................................................................HR 710 Griffin Judicial Circuit; judges supplement .................................................................HB 1922 Guardian; settlement on behalf of ward; judge's authorization ................................HB 1390 Guardianship; certain actions by minors; bond requirements......................................SB 207 Guardianship; modification or termination; revise provisions...................................HB 1391 Gwinnett Judicial Circuit; add judge ............................................................................HB 1379 Gwinnett Judicial Circuit; senior judges; supplements...............................................HB 2038
Handicapped parking fines; use of funds .....................................................................HB 1116
Human Resources, Department of; delinquent child; evaluation ................................SB 485
Hunting certain judges; jurisdiction ..............................................................................HB 2034
Indigent counsel; child deprivation cases .....................................................................HB 1322
Indigent defense; public defender; authorization ...........................................................SB 251

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3127

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Insurance agents and brokers; license suspension; certain offenses.........................HB 1169 Interrogatories; additional information .........................................................................HB 1397 Joint Session; Governor's message; invite Justices and Judges ..................................HR 564 Joint Session; message from Chief Justice of Supreme Court ....................................HR 565 Judges; disqualifications; certain cases relating to zoning .........................................HB 1583 Judges; temporary assignments; Atlanta and Ocmulgee Circuits; add judge........................................................................................................................HB 1523 Judges; terms; election - CA.............................................................................................HR 640 Judgments; certain motions; appealability.....................................................................HB 589 Judicial sales; prepayment costs; requirements .............................................................HB 935 Juror summonses; time limit for notification.................................................................HB 127 Jurors; change method for composing jury lists ............................................................HB 591 Jury trials; time for filing................................................................................................HB 1743 Juvenile and criminal cases; fees for drug abuse education - CA...............................HR 591 Juvenile court; director of guardian ad litem; appointment........................................HB 595 Juvenile courts; supervision fees; certain services .......................................................HB 1617 Juvenile; designate referee as juvenile magistrate.........................................................HB 222 Juvenile; inquire into parents ability to pay certain child support..........................HB 1615 Juvenile intake workers and probation officers; state subsidies..................................SB 227 Juvenile Justice Coordinating Council; membership; duties .....................................HB 1748 Juvenile proceedings; designated felony act; definition..............................................HB 1243 Juvenile proceedings; drug trafficking; felony................................................................HB 355 Juvenile proceedings; jurisdiction over certain children ............................................HB 1276 Juvenile proceedings; removal of child from home.....................................................HB 1320 Juveniles; local justice services; funding..........................................................................SB 383 Law Enforcement Officers' Salary Supplement Act; enact........................................HB 1147 Lookout Mountain Judicial Circuit; add judge...............................................................SB 132 Magistrate court; civil action; jury trial; transfer to another court.................................................................................................................HB 1166 Magistrate court; civil practice; waiver of jury trial ...................................................HB 1164 Magistrate court; disciplining of magistrates; approval..............................................HB 1565 Magistrate court; disciplining of magistrates; approval ................................................SB 634 Magistrates' Retirement System; create .........................................................................HB 937 Maps and plats; recordation and filing ...........................................................................HB 112 Marriage ceremonies; certain persons; powers ................................................................SB 197 Marriage license; fees for family violence shelters ........................................................HB 196 Medical malpractice; mandatory arbitration; certain claims........................................SB 553 Mentally retarded; residential care facilities; admission requirements.................................................................................................HB 331 Motor Vehicle Franchise Practices; attorney's fees in certain actions ...............................................................................................................HB 1186 Motor vehicles; financial responsibility; habitual offender........................................HB 1677 Municipal courts; judges' training; cost........................................................................HB 1294 Municipal courts; violations; jurisdiction - CA..............................................................HR 861 Municipal courts; violations; maximum period of confinement ..................................HB 908 Municipalities; certain traffic fines; payment ................................................................HB 246 Natural Resources, Board of; judicial review of decisions; hearing.............................SB 534 Nonpublic Postsecondary Educational Institutions Act of 1990...............................HB 1254 Northeastern Judicial Circuit; supplement.....................................................................SB 405 Ocmulgee Judicial Circuit; add judge...............................................................................SB 548 Ocmulgee Judicial Circuit; judges; supplement..............................................................SB 731
Parental rights; termination...............................................................................................SB 509
Parole; notification to victims of crime.........................................................................HB 1549
Part-time judge; definition.................................................................................................SB 424
Paternity; payment of certain fees; amend provisions..................................................HB 353
Paternity test; temporary child support; final judgment ..............................................SB 423

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3128

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Plats; regulations; land sales; recording ...........................................................................SB 735 Prayer at sporting events; urge review of lower court decision...................................HR 681 Prisoners; transmittal information; notification .............................................................SB 354 Probate; contempt; penalty................................................................................................SB 472 Probate court; costs.............................................................................................................SB 414 Probate court judges; filling vacancy................................................................................SB 449
Probate Court Judges' Retirement Fund; Probate court judges; training required; repeal certain provisions..............................SB 445
secretary-treasurer; credit ................................................................................................SB 58 Probation; collection of certain fines; writs of fieri facias .........................................HB 1440 Probation; maximum amount of fine; increase...............................................................SB 454 Probation; revocation; stay until conviction.................................................................HB 1733 Property; tenant set aside dispossessory default...........................................................HB 712 Public officers and employees; certain suits; liability - CA.........................................HR 777 Recall of public officers; sufficiency review petitions.................................................HB 1656 Retired magistrates; marriage ceremonies; perform....................................................HB 1779 Sexual offenses; certain convictions; register with sheriff..........................................HB 1496 Sheriffs; certain deposits; interest bearing accounts...................................................HB 1581 Sheriffs' Retirement Fund; membership..........................................................................SB 455 South Georgia Judicial Circuit; add judge....................................................................HB 1217 Southern Judicial Circuit; add judge...............................................................................HB 298
Special investigative grand juries; drug trafficking; jurisdiction - CA...............................................................................................................HR 36
Special investigative grand juries; drug trafficking; jurisdiction - CA..............................................................................................................SR 285
Special license plates; Supreme Court Justices and Court of Appeals Judges..............................................................................................HB 1665
State court judge; residence requirements......................................................................HB 192 State courts; retired judges; compensation.......................................................................HB 10 State Election Board; certain rights; amend provisions.............................................HB 1591 Statewide grand juries; create - CA....................................................................................SR 58 Statutory rape; victim's testimony not required to be corroborated..........................HB 299 Stone Mountain Judicial Circuit; add judge................................................................HB 1509 Stone Mountain Judicial Circuit; add judge ...................................................................SB 577 Superior and state court clerks; investment of certain funds .....................................HB 448 Superior and state courts; vacancies; special election - CA.........................................HR 161 Superior court clerk; serve as juvenile court clerk........................................................HB 598 Superior Court Clerks' Retirement Fund; benefits.....................................................HB 1035 Superior court clerks; transcript costs; deposit............................................................HB 1815 Superior court clerks; uniform filing fees.....................................................................HB 1289 Superior court; create office of senior clerk.................................................................HB 1503 Superior court judges; bailable offenses; controlled substances..................................HB 268 Superior court judges; election.......................................................................................HB 1432 Superior court judges; election, residency requirements - CA ....................................HR 641 Superior court judges; retirement; mandatory age......................................................HB 1632 Superior courts; certain judge serve another term...........................................................SB 76 Superior courts; court administrators; compensation.................................................HB 1637 Superior courts; judge serve while member of Retirement System............................HB 570 Superior courts; judges' secretaries; salary.....................................................................HB 141 Superior courts; service by senior judges; amend provisions.......................................HB 676
Superior courts; single-member districts in judicial circuits.....................................HB 1257
Supreme Court justices and Court of Appeals judges; mandatory retirement......................................................................................................................HB 1633
Tax sales; advertisements; written notice of execution..............................................HB 1620
Taylor County Superior Court; terms...........................................................................HB 1418
Temporary assignment of judges ...................................................................................HB 1969

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3129

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Tenth Amendment to United States Constitution; express consensus of General Assembly ......................................................................................................HR 623 Torts; abusive litigation; definition..................................................................................HB 332 Torts; certain liability; employer's failure to check employee record............................................................................................................HB 1693 Torts; collateral source; subrogation..............................................................................HB 1451 Torts; liability of clergy; exception................................................................................HB 1153 Trade Secrets Act of 1990; provide................................................................................HB 1606 Trade Secrets Act of 1990; create ..................................................................................HB 1449 Traffic offenses; fines; additional penalties.....................................................................SB 322 Trial Judge and Solicitors Retirement; mandatory age..............................................HB 1635 Trial juries; first peremptory challenge.........................................................................HB 1331 Trial juries; prosecuting attorney; peremptory challenges.........................................HB 1332 Trials; defendant furnish list of witnesses to District Attorney.................................HB 180 Uniform Reciprocal Enforcement of Support; representation by District Attorney.....................................................................................................HB 1214 Victims of crime under 14; remove prosecution limitation........................................HB 1590 Western Judicial Circuit; judges; supplementary compensation...............................HB 1283 Witnesses; competency and credibility............................................................................HB 310 Witnesses; competency of child; amend provisions.......................................................HB 218 Witnesses; testimony of child; videotape......................................................................HB 1749 Youth development center; offense committed while confined; transfer ...................SB 638 Youthful offenders; place of detention; change facilities ...........................................HB 1616
COWETA JUDICIAL CIRCUIT Add judge...........................................................................................................................HB 1819 Add judge...........................................................................................................................HB 1946
CRAVEN, ASHLEY;commend......................................................................................HR 1046
CRAWFORD COUNTY; board of commissioners; compensation............................HB 2019
CRAWFORD, MAMIE; commend...................................................................................HR 594
CRAYTON, C.; invite to House.........................................................................................HR 769
CREDIT UNIONS; investment of funds; loan participation........................................SB 540
CREMINS, BOBBY; commend........................................................................................HR 895
CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; certain funds; prohibit use............................................................................HB 1488 Abortion; certain funds; prohibit use ............................................................................HB 1741 Abortion; certain institutions; liability insurance; requirements ..............................HB 1602 Abortion Complications Reporting Act; create............................................................HB 1604 Abortion; minor; parents not responsible for health cost..........................................HB 1603 Aggravated child molestation; include certain act......................................................HB 1453 Aggravated mutilation; create offense...........................................................................HB 1438 Alcoholic beverages; purchase by persons under 21; penalty....................................HB 1448 Alcoholic beverages; purchase from licensed dealer....................................................HB 1303 Alien corporations; annual registration; filing.................................................................SB 537 Animals; cruelty; penalty.................................................................................................HB 1682 Animals; cruelty; penalty.................................................................................................HB 1768 Assault or battery; abusive language; justification......................................................HB 1479 Assault or battery; symbolic speech; justification.......................................................HB 1551 Bad checks; criminal issuance; definition.....................................................................HB 1774 Bad checks; issuance; penalty.........................................................................................HB 1793 Bias Crimes and Antiterrorism Task Force; establish................................................HB 1596 Bingo; fingerprints or photo; licensing requirements.....................................................SB 566

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3130

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Bingo; nonprofit games; prohibit - CA............................................................................HR 885 Bingo; repeal provisions...................................................................................................HB 1954 Burial place; damage to property; penalty .....................................................................HB 211 Business license; suspension; violation of Controlled Substances Act.....................HB 1161 Carrying deadly weapons at public gatherings; penalty .............................................HB 1237 Child abuse; accessibility to records; certain persons....................................................SB 682 Child abuse and deprivation; access to records; Personnel Board............................HB 1280 Child abuse; Protocol Committee; reporting requirements........................................HB 1318 Child abuse; reporting; confidentiality ............................................................................HB 787 Child abuse; testimony of certain children.....................................................................HB 711 Children; interference with visitation rights; penalties ..............................................HB 1357 Cockfighting; penalty.......................................................................................................HB 1572 Commission on Criminal Sanctions and Correctional Facilities; create.....................SR 402 Controlled substances; certain conveyances; forfeiture ..............................................HB 1182 Controlled substances; contraband and forfeiture; amend provisions......................HB 1301 Controlled substances; convictions; examining board licenses; sanctions .........................................................................................................HB 1266 Controlled substances; dangerous drugs; amend list...................................................HB 1377 Controlled substances; distributing to unborn child; penalty...................................HB 1146 Controlled substances; distributing to unborn child; penalty ...................................HB 1393 Controlled substances; forfeiture; amend provisions...................................................HB 1315 Controlled substances; forfeiture; amend provisions .....................................................SB 146 Controlled substances; forfeiture; disposal of seized property; time................................................................................................................HB 1607 Controlled substances; forfeiture; proceeds....................................................................HB 383 Controlled substances; forfeiture; proceeds..................................................................HB 1256 Controlled substances; forfeiture; proceeds; certain children and youth..........................................................................................................SB 521 Controlled substances; forfeiture; stay until conviction.............................................HB 1376 Controlled substances; law enforcement officers and prison guards; felony..............................................................................................................................HB 1387 Controlled substances; licensing sanction; certain occupation.....................................SB 503 Controlled substances; marijuana; certain offenses; proximity to schools.....................................................................................................HB 1216 Controlled substances; marijuana; driving under the influence; implied consent.............................................................................................................HB 1655 Controlled substances; marijuana; forfeiture; proceeds ..............................................HB 1223 Controlled substances; marijuana; prohibit purchase.................................................HB 1340 Controlled substances; offenses within certain distance of school; penalty..........................................................................................................HB 1394 Controlled substances; revise provisions.......................................................................HB 1344 Controlled substances; sales to minors; penalty............................................................HB 349 Controlled substances; sales to minors; penalty............................................................HB 793 Controlled substances; selling; possession; penalty.....................................................HB 1368 Controlled substances; violations; fines.........................................................................HB 1345 Controlled substances; violations; imprison without parole.......................................HB 1868 Counties and municipalities; offices providing goods or services; prohibitions........................................................................................................HB 13 Courts; abusive party; removal from home...................................................................HB 1781 Crime prevention systems; urge implementation...........................................................SR 416
Crimes; possession of explosives; penalty.....................................................................HB 1477
Criminal or traffic offenses; additional penalty; law enforcement salary supplement - CA.................................................................................................HR 567
Criminal procedure; certain offenses; period for prosecution....................................HB 1293
Criminal sexual conduct with minor; provide for offense..........................................HB 1454
Criminal solicitation; penalty............................................................................................HB 509

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3131

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Criminal traffic offenses; 16 year old tried as an adult..............................................HB 1739 Cruelty to animals; define offense .................................................................................HB 1926 Cruelty to children; admissibility of certain testimony.................................................SB 153 Death penalty; murder as part of ceremony or ritual...................................................HB 224 Death penalty; offense of murder during apprehension...............................................HB 173 Death penalty or life imprisonment; judge's discretion................................................HB 282 Death penalty; repeal.........................................................................................................HB 330 Deceptive trade practices; copy-righted material; certain exemptions ....................HB 1497 Destroying police horse; penalty ......................................................................................HB 425 Disorderly conduct; define offense...................................................................................HB 542 Driving under the influence; under age 18; license suspension.................................HB 1268 Drug abuse; trafficking in marijuana; punishment .....................................................HB 1436 Drug Demand Reduction Fund; drug abuse education ..............................................HB 1348 Drug-free Public Work Force Act; enact ......................................................................HB 1267 Drug offenses; additional penalty assessments ..............................................................HB 651 Drug offenses; superior court clerks publish names.......................................................SB 514 Drug-related crime; additional penalty - CA .................................................................HR 220 Drug trafficking; minors; penalty .....................................................................................HB 520 Drug trafficking; school property; separate offense .......................................................SB 204 Drugs; additional fines for certain offenses ..................................................................HB 1139 Educators; certain designated crimes; reporting requirements .................................HB 1521 Ethics; extortion by public officials; prohibitions ..........................................................SB 218 Examining board licensee; certain drug conviction; sanctions ..................................HB 1653 Explosive device; offense of criminal possession; cruise ships docking in Georgia ports........................................................................HB 1512 Family violence; certain facts; defendant remanded into custody...............................SB 551 Fetus, fetuses and fetal; change Code references ........................................................HB 1872 Financial transaction card; fraud; penalty.......................................................................SB 615 Firearms dealer; ammunition to underage persons; refrain .........................................HR 409 Firearms dealer; information required of purchaser.....................................................HB 190 Firearms; General Assembly regulate ..............................................................................HR 960 Firearms; keep in locked container ................................................................................HB 1308 Firearms; license fees.......................................................................................................HB 1445 Firearms; license to carry; illegal drug conviction; eligibility.......................................SB 512 Firearms; peace officers; possession; amend provisions................................................HB 593 Firearms; possession by certain persons ............................................................................SB 20 Fleeing or eluding peace officer; penalty ......................................................................HB 1924 Gambling; certain games or devices; exceptions.............................................................SB 412 Gambling; seizure; advertisement for two months ......................................................HB 1157 Gambling; seizure; default judgment; amend provisions............................................HB 1154 Georgia Animal Fighting Act; provide ..........................................................................HB 1767 Georgia Courts Automation Commission; create...........................................................HR 849 Hazing; penalty .................................................................................................................HB 1423 Hazing; punishment ............................................................................................................SB 427 Hijacking vehicle transporting alcoholic beverages; penalty......................................HB 1205 House Crime Prevention System Study Committee; create ........................................HR 860 Insurance; fraudulent claim on stolen motor vehicles ................................................HB 1086 Insurance; reports of fraudulent acts; investigation....................................................HB 1466 Interference with custody; define offense .......................................................................HB 633 Joint Abortion Study Committee; create........................................................................HR 872 Juvenile and criminal cases; fees for drug abuse education - CA...............................HR 591
Juvenile proceedings; designated felony act; definition..............................................HB 1243
Juvenile proceedings; drug trafficking; felony................................................................HB 355
Loitering; post signs in public housing projects .............................................................SB 441
Lotteries; nonprofit religious institutions .........................................................................HB 26
Misdemeanors; certain crimes; maximum fine.................----.........--..........................HB 588

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CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Misdemeanors; penalty; amend provisions .........................................................................HB 2 Moral turpitude conviction; prohibit holding state office - CA....................................HR 32 Moral turpitude conviction; prohibit holding state office - CA...................................SR 423 Motor vehicle insurance; proof; counterfeit document; penalty...................................SB 544 Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act.....................HB 1111 Motor vehicle theft prevention program; establish........................................................SB 655 Nursing homes; abuse; reporting....................................................................................HB 1865 Pardons and paroles; aggravated mutilation; prohibition - CA ..................................HR 642 Pardons and Paroles; certain offenses; restrictions........................................................SB 280 Pari-mutuel wagering; counties; referendum..................................................................HB 447 Pari-mutuel wagering; provide by referendum - CA.....................................................HR 119 Parking areas; criminal trespass by motor vehicle; sign.............................................HB 1158 Peace Officer Standards and Training; certificate; prohibit denial after certain pardon............................................................................................HB 188 Police officers; offense of eluding; penalty ......................................................................SB 196 Public official; moral turpitude conviction; ineligibility to hold civil office............................................................................................................SB 430 Public officials; certain crimes; ineligibility to hold office - CA..................................SR 116 Public officials; malfeasance; punishment.......................................................................SB 600 Public retirement systems; no benefits paid if certain crimes committed........................................................................................................................HB 764 Sales and use tax; certain evasion; penalties................................................................HB 1253 Schools; certain crimes, reporting requirements; liability immunity........................HB 1297 Schools; discharge of firearms; distance requirements ...............................................HB 1723 Schools; use of tobacco on premises; prohibitions.........................................................HB 975 Search warrants; issuance; requirements .........................................................................SB 641 Sexual assault against persons in custody .......................................................................SB 626 Sexual offenses; acts constituting sodomy ....................................................................HB 1380 Sexual offenses against children; age provisions..............................................................HB 27 Sexual offenses; certain convictions; register with sheriff..........................................HB 1496 Sexual offenses; offense of sexual battery .......................................................................SB 602 Smoking in public places; amend provisions..................................................................HB 707 Sodomy; description of conduct that constitutes offense...........................................HB 1183 Special investigative grand juries; drug trafficking; jurisdiction - CA ...............................................................................................................HR 36 Sports official; offense of physical assault....................................................................HB 1148 State contracts; illegal drug activity; preclude persons convicted ............................HB 1150 State employees; random drug testing .............................................................................SB 502 State lottery; provide ...........................................................................................................HB 48 State Lottery; provide - CA.................................................................................................SR 30 Statutory rape; victim's testimony not required to be corroborated..........................HB 299 Students; suspension; notify law enforcement ...............................................................HB 667 Tattooing near the eye; prohibitions .............................................................................HB 1505 Taxation; marijuana and controlled substances ............................................................HB 164 Trade Secrets Act of 1990; provide................................................................................HB 1606 Trade Secrets Act of 1990; create ..................................................................................HB 1449 Victims of crime under 14 years; remove prosecution limitation .............................HB 1590 Video movies; distribution to minors; prohibitions.....................................................HB 1192 Weapons or explosives; carrying at public gatherings ................................................HB 1964 Wiretapping; certain devices; exceptions .........................................................................SB 419 Workers' compensation; certain injury or death; benefits notallowable..................................................................................................................HB 1168 Youth development center; offense committed while confined; transfer ...................SB 638
CRIMES, RONNIE; commend .........................................................................................HR 828
CRIMINAL JUSTICE; public defender; authorization................................................SB 251

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3133

CRIMINAL PROCEDURE Accusations; district attorney's authorization.................................................................SB 421 Appeal bonds; grant for certain conviction....................................................................HB 132 Arrest warrants; oath of affiant......................................................................................HB 1847 Bailable offense before superior court judge; minimum bail.....................................HB 1339 Bailable offense before superior court judge; provisions...............................................SB 658 Bonds; coverage for fuel stolen at service stations........................................................HB 517 Bonds; forfeitures null and void; certain cases............................................................HB 1350 Certain offenses; period for prosecution.......................................................................HB 1293 Child abuse; testimony of certain children.....................................................................HB 711 Commission on Criminal Sanctions and Correctional Facilities; create.....................SR 402 County jails; room and board; reimbursement fee........................................................HB 317 Crime prevention systems; urge implementation...........................................................SR 416 Criminal solicitation; penalty............................................................................................HB 509 Cruelty to children; admissibility of certain testimony.................................................SB 153 Death penalty; murder as part of ceremony or ritual...................................................HB 224 Death Penalty; offense of murder during apprehension ..............................................HB 173 Death penalty or life imprisonment; judge's discretion................................................HB 282 Death penalty; prohibit for person under 18 years.........................................................HB 81 Death penalty; repeal.........................................................................................................HB 330 Death penalty; televise proceedings...................................................................................HB 89 Driving under the influence; detention period.............................................................HB 1719 Evidence; amend Code........................................................................................................SB 336 Evidence; child molestation ............................................................................................HB 1321 Evidence; DNA profile; requirement...............................................................................HB 137 Fetus, fetuses and fetal; change Code references........................................................HB 1872 Georgia Courts Automation Commission; create...........................................................HR 849 House Crime Prevention System Study Committee; create........................................HR 860 House Disparity in Sentencing and Sentencing Reform Study Committee; create..................................................................................................................................HR 70 Indigent defense; authorization.........................................................................................SB 251 Inspection of files by defendant.........................................................................................HB 35 Judgments; certain motions; appealability.....................................................................HB 589 Jury trials; time for filing................................................................................................HB 1743 Mentally retarded persons; death penalty; certain circumstances..............................HB 352 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Misdemeanors; penalty; amend provisions.........................................................................HB 2 Pardons and Paroles; certain conviction; serve one-third of sentence - CA ................................................................................................................SR 37 Parole; notification to victims of crime.........................................................................HB 1549 Prisoners; transmittal information; notification .............................................................SB 354 Probation; maximum amount of fine; increase...............................................................SB 454 Remission of bonds; notification of hearings .................................................................HB 426 Search warrants; issuance; requirements .........................................................................SB 641 Speedy trials; provide.......................................................................................................HB 1676 Statutory rape; victim's testimony not required to be corroborated..........................HB 299 Superior Court Judges; bailable offenses; controlled substances ................................HB 268 Trial juries; first peremptory challenge.........................................................................HB 1331 Trial juries; prosecuting attorney peremptory challenges ..........................................HB 1332 Trials; defendant furnish list of witnesses to District Attorney .................................HB 180 Victims of crime under 14 years; remove prosecution limitation .............................HB 1590 Witnesses; competency and credibility............................................................................HB 310 Witnesses; testimony on direct examination ................................................................HB 1675
CRUMLEY, DOLLIE M.; commend.............................................................................HR 1154
CULLENS, J.R. AND MARY; 50th Anniversary; commend ...................................HR 1039
CULLINAN, NEIL M.; commend.................................................................................HR 1005

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CULLODEN, CITY OF; council; election and terms.................................................HB 2055 CURTIS, PAULA F.; compensation ................................................................................HR 118

D

DAHLONEGA; mayor and councilmen; election.............................................................SB 614
DALLAS, CITY OF; corporate limits............................................................................HB 1772
DALTON, CITY OF Improvements; special assessments ...............................................................................HB 2037 Power of eminent domain; certain board......................................................................HB 1821
DANIEL, MR. AND MRS. HAROLD T.; Golden Anniversary; commend..........HR 1017
DANSBY, REX;commend.................................................................................................HR 990
DARBY, BUFORD AND BARBARA; 50th Anniversary; commend....................HR 1128
DARDEN, HONORABLE GEORGE W. "BUDDY" Commend and invite to House.........................................................................................HR 736
DAVIS, DR. LEWIS; commend.....................................................................................HR 1226
DAVIS, GLENN; commend...............................................................................................HR 730
DAVIS, RAYMOND LAMAR "RACEHORSE"; commend and recognize.........HR 1102
DAY CARE Children and youth; family day-care home; definition.................................................HB 938 Employee record checks; hearing officer; powers ...........................................................SB 435 Income tax; child care credit ............................................................................................HB 241 Income tax credit; child or dependent care......................................................................HB 25 Radon; licensed day-care facilities; urge awareness of danger ....................................HR 575
DAY, HAROLD O.; compensate.......................................................................................HR 785
DEATH PENALTY Life imprisonment; judge's discretion .............................................................................HB 282 Mentally retarded persons; certain circumstances ........................................................HB 352 Murder as part of ceremony or ritual .............................................................................HB 224 Offense of murder during apprehension .........................................................................HB 173 Prohibit for person under 18 yeara....................................................................................HB 81 Repeal...................................................................................................................................HB 330 Televise proceedings.............................................................................................................HB 89
DEBTOR AND CREDITOR Attachment; application for writ; requirements ..........................................................HB 1848 Consumer reports; writ of fieri facias; verification......................................................HB 1522 Contracts; releases; operation of law.............................................................................HB 1792 Credit cards; certain information stated on statement...............................................HB 1090 Credit cards; fees for cash advances ................................................................................HB 978 Credit cards; monthly statement; certain information ...............................................HB 1291 Driver's license; educational eligibility; persons under 18 years ...............................HB 1784 Garnishment; individual retirement accounts; certain exception .............................HB 1098
DECATUR, CITY OF Ad valorem tax; deferral; eligibility ...............................................................................HB 1860
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DECATUR, CITY OF (Continued) Admission of certain nonresident students to public school .....................................HB 1751 Board of education; add member...................................................................................HB 2002
DECATUR COUNTY Convey property..................................................................................................................HR 729 Emergency (911) Communications Service District Act; enact.................................HB 1576
DEEDS Conveying property; address requirement......................................................................HB 389 Land Sales Act; amend provisions .................................................................................HB 1333 Mortgages; Electric Membership Corporations may encumber after-acquired property ................................................................................................HB 1282 Mortgages; recording; name and address requirement ...............................................HB 1685 Real estate transfer tax; certain exemption .................................................................HB 1299 Real estate transfer tax; disclosure form; confidentiality...........................................HB 1619
DEEN, JUDGE BRASWELL D., JR.; commend and invite to House .................HR 1066
DEES, HUGGINS;commend..........................................................................................HR 1045
DEKALB COUNTY Ad valorem tax; millage rate...........................................................................................HB 1634 Annexation; certain counties; applicability.....................................................................!!!} 941 Board of education; expense allowance............................................................................SB 719 Certain meetings; services in "Atlanta in DeKalb" ....................................................HB 2052 Certain municipalities; millage rate; limitations..........................................................HB 2083 Certain property; ad valorem tax exemption ...............................................................HB 1545 Chief executive officer; salary .........................................................................................HB 1544 Code of ethics.......................................................................................................................SB 590 Commissioners; expense allowance ...................................................................................SB 710 County surveyor; appointment .......................................................................................HB 1464 DeKalb County Board of Education; choice of school to attend; urge......................HR 725 DeKalb Study Commission; create ..................................................................................HR 835 Fulton-DeKalb Hospital Authority; create committee ...................................................HR 20 Homestead exemption; elderly .......................................................................................HB 1106 Homestead exemption; elderly .......................................................................................HB 1107 Magistrates; compensation ..............................................................................................HB 1118 Ordinance violations.........................................................................................................HB 1942 Recorder's Court; penalties .............................................................................................HB 1943
DELOACH, HONORABLE JEAN H.; commend .....................................................HR 1011
DELOACH, HONORABLE PERRY LEE; commend ...............................................HR 672
DENTISTS AND DENTAL HYGIENISTS Continuing education requirements.................................................................................HB 705 Dentures; marked with name or social security number............................................HB 1742 Licensing requirements......................................................................................................HB 200 Licensing requirements......................................................................................................HB 953 Medical and dental coverage; jurisdiction of Insurance Commissioner .....................HB 674
DEPARTMENT OF CORRECTIONS (See Penal Institutions)
DERISO, WALTER; invite to House ..............................................................................HR 945
DEVELOPMENT AUTHORITIES Colleges; certain facilities used by athletic association .................................................SB 369 Counties and municipalities; development impact fees................................................HB 796 Counties; disposition of property ...................................................................................HB 1548 Downtown development authorities; director's qualifications......................................SB 489

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DEVELOPMENT AUTHORITIES (Continued) Downtown development authorities; director's qualifications ...................................HB 1631 Downtown development authorities; power of eminent domain ..................................SB 471 Georgia Development Authority; exclude persons for illegal drug activity...................................................................................................................HB 1160
DICK HUNTER MEMORIAL BRIDGE; designate .................................................HR 761
DICKERSON, DUANE; commend ...............................................................................HR 1056
DIETITIANS; Dietetics Practice Act; enact.................................................................HB 1414
DISTILLED SPIRITS Alcoholic Beverages; licensing; distance requirements .................................................HB 168 Excise tax.............................................................................................................................HB 479 Excise tax; stamps............................................................................................................HB 1121 Retail dealer; prohibit check-cashing center ................................................................HB 1120 Retail dealers; residing requirement..................................................................................HB 97 Retail package stores; prohibit certain persons ...........................................................HB 1119
DISTRICT ATTORNEYS Accusations; district attorney's authorization.................................................................SB 421 Court Officials Retirement System; create.....................................................................HB 756 Definition .............................................................................................................................HB 251 Divorce; undefended cases; appoint attorney for certain determination................................................................................................................HB 1228 Emeritus; minimum salary ................................................................................................HB 230 Emeritus; practicing law; repeal certain prohibitions....................................................SB 640 Personnel; continuation of certain positions ................................................................HB 1663 Retirement; average annual compensation........................................................................SB 72 Retirement; spouses' benefits ...........................................................................................HB 681 Retirement; transfer membership to Employees' Retirement............,........................HB 752 Secretaries; reimbursement of certain expenses ............................................................HB 800 Trials; defendant furnish list of witnesses to District Attorney .................................HB 180 Uniform Reciprocal Enforcement of Support; representation by District Attorney ...........................................................................................................HB 1214
DIVORCE (See Domestic Relations)
DIXON, P. K.; honor .........................................................................................................HR 1235
DOBBINS AIR FORCE BASE; commend...................................................................HR 986
DOBBINS, ROBERT; condolences ...............................................................................HR 1036
DOGS Cruelty; penalty ................................................................................................................HB 1682 Dogs and cats; euthanasia by animal shelters................................................................HB 671 Police Academy; dogs and police officer dog handlers; training...............................HB 1201
DOMESTIC RELATIONS Abortion; minor; parents not responsible for health cost..........................................HB 1603 Adoption; parental rights; failure to care for child .....................................................HB 1409 Adoption; parental rights; failure to care for child........................................................SB 462 Adoption; revise provisions ................................................................................................SB 443 Alimony and child support; salary deductions...............................................................HB 243 Alimony; certain cohabitation; modification ..................................................................HB 879 At-risk children and youth; establish certain goals; strategy .......................................SB 374 Child abuse; establish central registry ..........................................................................HB 1317 Child abuse; Protocol Committee; reporting requirements........................................HB 1318 Child abuse; records; accessibility ..................................................................................HB 1319

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3137

DOMESTIC RELATIONS (Continued) Child abuse; reporting; confidentiality............................................................................HB 787 Child abuse; reporting requirements.............................................................................HB 1316 Child custody; amend proceedings...................................................................................HB 946 Child custody; amend provisions ......................................................................................SB 477 Child custody cases; appeal procedures...........................................................................SB 238 Child support award; jury not required to specify reason for deviation ..................................................................................................................HB 1165 Child support; computation of award............................................................................HB 1580 Child support; limitation on action.................................................................................HB 563 Child support; noncustodial parent; amend provisions .................................................SB 212 Children; interference with visitation rights; penalties..............................................HB 1357 Children's interest; parents attend seminar.................................................................HB 1561 Children's interest; parents attend seminar ....................................................................SB 630 Common-law marriage; prohibitions..............................................................................HB 1138 Courts; abusive party; removal from home...................................................................HB 1781 Courts; hunting certain judges; jurisdiction .................................................................HB 2034 Divorce cases; county of plaintiffs residency - CA.......................................................HR 585 Divorce; mediation proceedings.........................................................................................SB 181 Divorce; undefended cases; appoint attorney for certain determination................................................................................................................HB 1228 Employees' Retirement; domestic relations orders; requirements..............................HB 302 Family violence; certain facts; defendant remanded into custody...............................SB 551 Health; sterilization upon request; remove certain provisions.....................................SB 552 House Abandonment of Infants Study Committee; create ............................................HR 68 Interference with custody; define offense.......................................................................HB 633 Juvenile court; inquire into parents ability to pay certain child support..................................................................................................................HB 1615 Marriage and Family Therapists; supervisor; qualifications ........................................SB 698 Marriage ceremonies; certain persons; powers................................................................SB 197 Marriage license; fees for family violence shelters........................................................HB 196 Military appropriations; urge Congress to reduce and redirect funds to domestic programs..........................................................................................HR 724 Parental rights; termination...............................................................................................SB 509 Paternal Rights Act; enact................................................................................................HB 543 Paternity; payment of certain fees; amend provisions..................................................HB 353 Paternity test; temporary child support; final judgment ..............................................SB 423 Retired magistrates; marriage ceremonies; perform....................................................HB 1779 Stepparent; child custody; certain obligations .............................................................HB 1481 Uniform Reciprocal Enforcement of Support; representation by District Attorney.....................................................................................................HB 1214 Wills; revocation by divorce; amend provisions..............................................................SB 413
DOOLING, TOWN OF; new charter............................................................................HB 3 EX
DOUGHERTY COUNTY; board of commissioners; compensation.........................HB 2065
DOUGHERTY COUNTY SCHOOL SYSTEM; commend....................................HR 1081
DOUGHERTY JUDICIAL CIRCUIT; judges; supplement ...................................HB 2044
DOUGLAS COUNTY Board of commissioners; membership...........................................................................HB 1858 Coroner's compensation...................................................................................................HB 1189 Emergency telephone 911 system.................................................................................HB 7 EX Homestead exemption......................................................................................................HB 1861 Homestead exemption; elderly.......................................................................................HB 1855 Homestead exemption; elderly.......................................................................................HB 1859
DOWDELL, EULA L.; commend ....................................................................................HR 596

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3138

INDEX

DRIVER'S LICENSE Abstract; furnish to certain agencies .............................................................................HB 1797 Ages 16 to 18; requirements...............................................................................................SB 470 Alcoholic beverages; open containers while driving; prohibitions...............................HB 537 Commercial driver's license; certain school bus drivers; fee exemption ................................................................................................................HB 1587 Commercial driver's license; hazardous materials; requirement ...............................HB 1330 Commercial driver's license; nonprofit organization vehicle; definition...................................................................'........................................................SB 585 Commercial driver's license; school bus; definition........................................................SB 584 Conservation ranger; driver's license as collateral for bail.........................................HB 1787 Delay issuance to certain minors......................................................................................HB 666 Delay issuance to persons under 16 years convicted of driving under the influence.........................................................................................HB 1185 Driver improvement clinics; required drug and alcohol course.................................HB 1458 Driving under the influence; probationary driver's license; amend provisions ............................................................................................................HB 663 Driving under the influence; persons under 18 years; license suspension .........................................................................................................HB 1268 Education; competencies and core curriculum; establish ...........................................HB 1593 Educational eligibility; persons under 18 years ...........................................................HB 1784 House Drivers' Licensing Study Committee; create......................................................HR 243 Persons holding Class 1 permits; certain restrictions ...................................................HB 402 Persons under 18 years; disqualification..........................................................................SB 507 Probation; ignition interlock device; installation..........................................,.................SB 123 Records; provide abstracts of employees ..........................................................................HB 40 State employees; commercial driver's license fees; reimbursement ..........................HB 1595 Suspension; certain persons under 18 years.................................................................HB 1193 Suspension; defensive driving course; requirement.......................................................HB 916 Suspension; defensive driving course; requirement.....................................................HB 1031 Suspension; drug trafficking..............................................................................................SB 531 Suspension; failure to assist in accidents.........................................................................SB 195 Suspension; juveniles; certain acts......................................................................................SB 68 Suspension; notification by certified mail ........................................................................HB 20 Suspension; notify Public Safety Department ................................................................SB 248 Suspension; person under 18 years who withdraws from school...............................HB 1190 Suspension; possession of controlled substance...........................................................HB 1200 Suspension; probationary license; eligibility.................................................................HB 1197 Vision standards; requirements.........................................................................................SB 448 Voter registration; driver's license examiners ................................................................HB 227 Voter registration; driver's license examiners ................................................................HB 242 Withdrawal from school; persons under 18 years........................................................HB 1270
DRIVING UNDER THE INFLUENCE Detention period ...............................................................................................................HB 1719 Driver's license; delay issuance to certain minors .........................................................HB 666 Driver's license; delay issuance to persons under 16 years ........................................HB 1185 Driver's license; suspension; defensive driving course; requirement ..........................HB 916 Driver's license; suspension; juveniles................................................................................SB 68 Driver's license; suspension; possession of controlled substance...............................HB 1200 Driving with child under 14 years while under the influence; penalty....................HB 1573 Marijuana or controlled substances; implied consent.................................................HB 1655 Motor vehicles; contraband .............................................................................................HB 1156 Persons under 18 years; license suspension..................................................................HB 1268 Probation; ignition interlock device; installation............................................................SB 123 Probationary driver's license; amend provisions............................................................HB 663 Second conviction; insurance coverage..............................................................................HB 37 Seizure of vehicle; certain violations ...............................................................................HB 507

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3139

DRIVING UNDER THE INFLUENCE (Continued) Torts; certain liability; employer's failure to check employee record ............................................................................................................HB 1693 Transportation Department; dangers of driving under the influence; urge posting of signs.......................................................................................................HR 832
DRUGS AND DRUG DEPENDENCY AND ABUSE Additional fines for certain offenses.........................,....................................................HB 1139 AIDS; certain persons; disclosure of confidential information....................................HB 842 All-terrain vehicles; regulation..........................................................................................HB 682 Anti-drug laws; relating to enactment.............................................................................HR 871 Bailable offense before superior court judge; minimum bail.....................................HB 1339 Business license; suspension; violation of Controlled Substances Act.....................HB 1161 Chemical test; hearings; introduction of certain evidence .........................................HB 1375 Conference on Children of Cocaine and Substance Abuse; establish.........................HR 912 Controlled substances; certain conveyances; forfeiture ..............................................HB 1182 Controlled substances; contraband and forfeiture; amend provisions......................HB 1301 Controlled substances; convictions; examining board licenses; sanctions.........................................................................................................HB 1266 Controlled substances; dangerous drugs; amend list...................................................HB 1377 Controlled substances; distributing to unborn child; penalty ...................................HB 1146 Controlled substances; distributing to unborn child; penalty ...................................HB 1393 Controlled substances; forfeiture; amend provisions...................................................HB 1315 Controlled substances; forfeiture; amend provisions .....................................................SB 146 Controlled substances; forfeiture; disposal of seized property; time................................................................................................................HB 1607 Controlled substances; forfeiture; proceeds....................................................................HB 383 Controlled substances; forfeiture; proceeds ..........................................................--.....HB 1256 Controlled substances; forfeiture; proceeds; certain children and youth.................................................................................................-...............-....SB 521 Controlled substances; forfeiture; stay until conviction .............................................HB 1376 Controlled substances; law enforcement officers and prison guards; felony ................................................................................................................HB 1387 Controlled substances; licensing sanction; certain occupation .....................................SB 503 Controlled substances; marijuana; certain offenses; proximity to schools .....................................................................................................HB 1216 Controlled substances; marijuana; forfeiture; proceeds ..............................................HB 1223 Controlled substances; marijuana; implied consent....................................................HB 1655 Controlled substances; marijuana; prohibit purchase .................................................HB 1340 Controlled substances; offenses within certain distance of school; penalty..........................................................................................................HB 1394 Controlled substances; revise provisions .......................................................................HB 1344 Controlled substances; sales to minors; penalty............................................................HB 349 Controlled substances; sales to minors; penalty ............................................................HB 793 Controlled substances; selling; possession; penalty .....................................................HB 1368 Controlled substances; violations; fines......................--.....................--......--....--........HB 1345 Controlled substances; violations; imprison without parole.......................................HB 1868 Driver improvement clinics; required drug and alcohol course.................................HB 1458 Driver's license; delay issuance to persons under 16 years convicted of driving under the influence....................................................................................HB 1185 Driver's license; suspension; defensive driving course; requirement ..........................HB 916 Driver's license suspension; drug trafficking...................................................................SB 531
Driver's license; suspension; juveniles; certain acts..........................................................SB 68
Driver's license; suspension; persons under 18 years; driving under the influence.........................................................................................HB 1268
Driver's license; suspension; possession of controlled substance...............................HB 1200 Driver's license; suspension; probationary license; eligibility ....................................HB 1197

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3140

INDEX

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Driving under the influence; probationary driver's license; amend provisions............................................................................................................HB 663 Driving under the influence; seizure of vehicle; certain violations.............................HB 507 Drug abuse; trafficking in marijuana; punishment.....................................................HB 1436 Drug Demand Reduction Fund; drug abuse education..............................................HB 1348 Drug-free Georgia Study Committee; create..................................................................HR 981 Drug-free Postsecondary Education Act; enact...........................................................HB 1231 Drug-free Postsecondary Education Act; enact...........................................................HB 1265 Drug-free Public Work Force Act; enact.........................................................................SB 500 Drug-free Public Work Force Act of 1990; enact........................................................HB 1203 Drug offenses; additional penalty assessments..............................................................HB 651 Drug offenses; superior court clerks publish names.......................................................SB 514 Drug-related crime; additional penalty - CA.................................................................HR 220 Drug testing; candidates for state-wide office.................................................................SB 545 Drug trafficking; minors; penalty.....................................................................................HB 520 Drug trafficking; school property; separate offense.......................................................SB 204 Education; courses concerning alcohol, smoking and drug abuse; requirement....................................................................................................................HB 1144 Educators; certain designated crimes; reporting requirements.................................HB 1521 Elected officials; drug testing .........................................................................................HB 1234 Examining board licensee; certain drug conviction; sanctions ..................................HB 1653 Family Preservation and Child Protection Reform Act; provide..............................HB 1877 Family Preservation and Child Protection Reform Act; provide.................................SB 705 Firearms; license to carry; illegal drug conviction; eligibility.......................................SB 512 Generic drugs; certain wording on prescription forms; requirements........................HB 709 Generic drugs; refill provisions.........................................................................................HB 708 Georgia Bureau of Investigation; local criminal investigations; participation..................................................................................................................HB 1142 Georgia Development Authority; exclude persons for illegal drug activity...................................................................................................................HB 1160 Georgia Employer Drug Testing Act; provide..............................................................HB 1866 House Crime Prevention System Study Committee; create ........................................HR 860 Insurance agents and brokers; license suspension; certain offenses.........................HB 1169 Joint Outpatient Drug Treatment Study Committee; create ......................................HR 692 Juvenile and criminal cases; fees for drug abuse education - CA...............................HR 591 Juvenile proceedings; drug trafficking; felony................................................................HB 355 Medical Assistance Act; drug application fees.............................................................HB 1683 Medical Assistance; drug bidding programs and rebates .............................................HB 577 Military appropriations; urge Congress to reduce funds and redirect funds to domestic programs..........................................................................................HR 724 Motor vehicles; driving under the influence; contraband ..........................................HB 1156 Motor vehicles; revise Code ............................................................................................HB 1360 Pardons and paroles; felony trafficking offenses; prohibitions - CA..........................HR 837 Parental rights; termination...............................................................................................SB 509 Peace Officers' Annuity and Benefit Fund; narcotics agents; eligibility ...................HB 706 Prisons; random testing for alcohol and drug abuse...................................................HB 1547 Probation; ignition interlock device; installation............................................................SB 123 Public transit operators; drug-testing programs..........................................................HB 1801 Qualifying for state office; mandatory drug testing ....................................................HB 1906
Residential Finance Authority; exclude persons for illegal drug activity .......................................................................................................HB 1159
Retirement; public employees convicted of certain crimes; forfeit benefits...............................................................................................................HB 1145
Revenue Commissioner; controlled substances; jeopardy assessment ......................HB 1252
Sales tax; increase rate; food and drugs; exemption .....................................................HB 416
Schools; alcohol and drug course; requirement............................................................HB 1261

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3141

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Schools; alcohol and drug course; requirement...............................................................SB 499 Schools; certain crimes, reporting requirements; liability immunity........................HB 1297 Self-sufficiency Trust Fund for Mentally Disabled; create .......................................HB 1558 Serious traffic accident; chemical test; requirements .................................................HB 1478 Special investigative grand juries; drug trafficking; jurisdiction - CA...............................................................................................................HR 36 Special investigative grand juries; drug trafficking; jurisdiction - CA..............................................................................................................SR 285 State contracts; drug-free workplace for employees..........................................................HB 9 State contracts; illegal drug activity; preclude persons convicted ............................HB 1150 State employees; random drug testing ..........................................................................HB 1171 State employees; random drug testing..........................................................................HB 1264 State employment; drug testing.....................................................................................HB 1170 State employment; drug testing .....................................................................................HB 1263 State Personnel Board plan; mail order prescription drug program..........................HR 703 State-wide network of regional educational services agencies; local assistance..............................................................................................................HB 1143 Student Organization Responsibility for Drug or Alcohol Abuse Act......................HB 1225 Torts; certain liability; employer's failure to check employee record ............................................................................................................HB 1693 Transportation Department; contracts; agreement for drug-free workplace.......................................................................................................................HB 1230 Transportation Department; dangers of driving under the influence; urge posting of signs.......................................................................................................HR 832 Unemployment compensation; drug abuse; disqualification of benefits..................HB 1416 Workers' compensation; certain injury or death; benefits not allowable.........................................................................................................................HB 1168 Workers' compensation; certain pharmacy services; requirements.............................HB 686
DUBLIN, CITY OF; corporate limits............................................................................HB 1840
DUNAWAY, SAM G., SR.; commend.............................................................................HR 619
DURHAM, COACH HUGH; commend and invite to House ...................................HR 1069

E

E. J. SWINT ELEMENTARY SCHOOL; 20th Anniversary; commend.................HR 869
EARTH DAY 1990 Recognize April 22, 1990 ...................................................................................................HR 896 Recognize April 22, 1990 .................................................................................................HR 1127 Support...............................................................................................................................HR 1198
EASON, ANDREA; commend ........................................................................................HR 1234
EAST COBB MIDDLE SCHOOL; commend..............................................................HR 742
EAST DUBLIN, TOWN OF Change name to City of East Dublin............................................................................HB 1952 Council election.................................................................................................................HB 1999
EASTERN JUDICIAL CIRCUIT; district attorney; supplement.........................HB 2040
ECONOMY Columbus-Fort Benning Economic Impact Study Commission; create......................SR 442
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ECONOMY (Continued) Commission on Economy and Efficiency in State Government; create .....................SR 140 Economic Rehabilitation Act; revise provisions..............................................................SB 530 Georgia Competitive Practices Act of 1989; enact........................................................HB 735 Rural Facilities Economic Development Act; provide ................................................HB 2087
EDITORIAL STAFF OF THE OFFICE OF LEGISLATIVE COUNSEL; commend......................................................................................................HR 995
EDUCATION Ad valorem tax; education; other sources of revenue - CA .........................................HR 167 Ad valorem tax; education; reduce mill limitation - CA..............................................HR 111 Administrative Procedure; Board of Regents and Board of Education; rules.................................................................................................................................HB 1520 Administrative Procedure; certain Boards and Department; rules .............................SB 556 Adult education; personnel accrue sick and annual leave.............................................SB 622 Aid to dependent children; school attendance; certain exceptions...........................HB 1802 Alternative programs beyond regular daytime program.............................................HB 1642 Alternatives for attending school of choice....................................................................HR 855 Board of education; election and number - CA...............................................................HR 23 Board of education; election; single-member districts - CA........................................HR 163 Certain programs; computation of full-time equivalent cost.....................................HB 1519 Certain retired personnel; employment eligibility.........................................................HB 863 Colleges and universities; student incentive grants.......................................................HB 417 Colleges; president serve as county or municipal deputy registrar...........................HB 1419 Commercial driver's license; certain school bus drivers; fee exemption................................................................................................................HB 1587 Commercial driver's license; school bus; definition........................................................SB 584 Commercial driver's license; school bus; definition........................................................SB 584 Commissioner; create office - CA.....................................................................................HR 884 Commissioner of Education; create office - CA..............................................................SR 457 Competencies and core curriculum; establish..............................................................HB 1593 Contracts for transportation of pupils ..........................................................................HB 1441 Controlled substances and marijuana; certain offenses; proximity to schools.....................................................................................................HB 1216 Controlled substances; offenses within certain district of school; penalty ...............................................................................................................HB 1394 County Board of Education; funds for collection of unpaid school taxes....................................................................................................................HB 1177 County school district; ad valorem tax; rate limitation..............................................HB 1542 Course in alcohol, smoking and drug abuse; requirement.........................................HB 1144 Course in citizenship and character development.........................................................HR 831 Development authorities; colleges; certain facilities used by athletic association..........................................................................................................SB 369 Direct instructional costs; amend provisions................................................................HB 1430 Driver education course; remove from list for enrollment counts ..............................HB 152 Driver improvement clinics; required drug and alcohol course.................................HB 1458 Driver's license; ages 16 to 18; requirements ..................................................................SB 470 Driver's license; educational eligibility; persons under 18 years ...............................HB 1784 Driver's license; suspension; certain persons under 18 years.....................................HB 1193 Driver's license; suspension; persons under 18 years; withdrawal from school ....................................................................................................................HB 1190 Driver's license; suspension; persons under 18 years; withdrawal from school ....................................................................................................................HB 1270 Driver's license; persons under 18 years; disqualifications ...........................................SB 507 Drug-free Postsecondary Education Act; enact...........................................................HB 1231 Drug-free Postsecondary Education Act; enact ...........................................................HB 1265 Drug trafficking; school property; separate offense .......................................................SB 204

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3143

EDUCATION (Continued) Education Partnership Act of 1990; provide ................................................................HB 1518 Educators; certain designated crimes; reporting requirements .................................HB 1521 Election; school superintendents; appointment - CA ...................................................HR 709 Employment security; full-time cafeteria workers.........................................................HB 385 Failure to put schools in operation; funding................................................................HB 1516 Financing and Investment Commission; capital appreciation bonds; higher education..............................................................................................................HB 457 Firearms safety program; prevent injuries to children .................................................HR 857 First grade readiness; assessment...................................................................................HB 1641 Funds; purchase and relocation of certain existing buildings ...................................HB 1354 Georgia Commission on Public Education Progress; establish..................................HB 1838 Georgia Education Trust; create ......................................................................................HB 819 Georgia Education Trust; create .......................................................................................SB 597 Georgia Military College; create Board of Trustees.......................................................SB 623 Hans Kurt Mueller Security Center of Armstrong State; urge designation .....................................................................................................................HR 1064 Hazing; penalty .................................................................................................................HB 1423 Hazing; punishment ............................................................................................................SB 427 Health; hypertension screening ..........................................................................................HB 36 Health insurance plans; sovereign immunity; limited waiver......................................HB 279 Hiring practices; discrimination..........................................................................................SR 52 House Discipline in Schools Study Committee; create...................................................HR 92 House Student Athlete Graduation Rate Study Committee; create ..........................HR 566 House Study Committee on School District Enrollment Options Program; create...............................................................................................................HR 108 Income tax; advance tuition payments; deduction ........................................................HB 818 Income tax; advance tuition payments; deduction........................................................HB 232 Insurance and Educational Reinvestment Act for Aid to Families with Dependent Children..........................................................................................................SB 13 Loans; definition; private sponsor..................................................................................HB 1028 Local board of education; course in citizenship and character development...................................................................................................................HB 1384 Local boards; filling vacancies ..........................................................................................HB 704 Local boards of education; vary length of school year; repeal certain provisions................................................................................................HB 951 Local school boards; election from single-member district............................................HB 79 Local school boards; other sources of revenue - CA .......................................................HR 72 Lottery; hospital care for indigents and for educational purposes; proceeds - CA ..................................................................................................HR 69 Mandatory age; amend provisions.................................................................................HB 1500 Marksmanship programs; promotion in high schools ...................................................HR 626 Matthews-Dent scholarships; provide............................................................................HB 1729 Medical insurance; athletic event; student coverage...................................................HB 1109 Mentally retarded persons; community services; amend provisions...........................HB 894 Municipalities; annexation; remove certain prohibitions ...........................................HB 1845 Municipalities; certain annexation; county approval ....................................................HB 465 Mutual Aid Act; cooperation between local law enforcement and the University System.............................................................................................SB 580 Nonpublic Postsecondary Educational Institutions Act of 1990...............................HB 1254 North Georgia College Military Scholarship Day; designate February 28, 1990 .........................................................................................HR 827
Personnel; development programs; stipends ..................................................................HB 553
Personnel; employment contracts ....................................................................................HB 548
Personnel; minimum salaries ............................................................................................HB 547
Pollution Prevention and Waste Reduction Assistance; provide.................................SB 644
Postsecondary Education Authorization Act; additional exemption..........................HB 697

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3144

INDEX

EDUCATION (Continued) Postsecondary vocational education; change reference to Technical and Adult Education ...................................................................................HB 628 Postsecondary Vocational Education Laboratory Equipment and Library Research Needs Study Committee ........................................................HR 570 Prayer at sporting events; urge review of lower court decision...................................HR 681 Preservation of Private Enterprise Act; enact ................................................................SB 243 Prisoners; certain requirements; educational instruction .............................................HB 386 Proprietary School Act; provisions relating to State Board of Education ....................................................................................................................HB 654 Public school instruction; mentally retarded persons.................................................HB 1706 Public Telecommunications Commission; create.........................................................HB 1313 Quality Basic Education; certain schools to receive sparsity grants ........................HB 1667 Quality Basic Education; certain schools to receive sparsity grants ...........................SB 411 Quality Basic Education; children at risk; alternate programs .................................HB 1966 Quality Basic Education; development programs; stipends..........................................SB 708 Quality Basic Education; guidance counselors; salaries...................................................SB 93 Quality Basic Education; instructional programs; student counts..............................HB 396 Quality Basic Education; length of school year; amend certain provisions............................................................................................................HB 325 Quality Basic Education; program weights; modification ..........................................HB 1756 Quality Basic Education; school readiness assessment; uniform state wide.........................................................................................................................HB 731 Quality Basic Education; transportation costs; distance requirements......................HB 398 Radon; local school systems; urge awareness of danger ...............................................HR 576 Sales tax; tickets for certain nonprofit organizations; exemption.............................HB 1762 School bus; summer camps; transportation of students................................................SB 629 School buses; light requirements.......................................................................................SB 213 School buses; self-insurance plans; establish................................................................HB 1806 School disciplinary hearings; open meeting provisions.................................................HB 838 School dropouts; effort to reduce number; provide study committee......................HR 1065 School readiness assessment; eliminate.............................................................................HB 22 School social workers; employment.................................................................................HB 657 School social workers; employment.................................................................................HB 677 Schools; ages for mandatory education .........................................................................HB 1194 Schools; alcohol and drug course; requirement............................................................HB 1261 Schools; alcohol and drug course; requirement...............................................................SB 499 Schools; certain crimes, reporting requirements; liability immunity........................HB 1297 Schools; compulsory attendance; age for enrollment....................................................HB 149 Schools; corporal punishment; prohibitions .................................................................HB 1141 Schools; discharge of firearms; distance requirements ...............................................HB 1723 Schools; electronic communication devices; prohibitions................................................SB 14 Schools; hiring practices; investigation ...........................................................................HR 221 Schools; radon gas; urge tests for presence....................................................................HR 866 Schools; sparsity grants for certain school systems; continuation ............................HB 1410 Schools; sparsity grants for fiscal year 1991....................................................................SB 527 Schools; use of tobacco on premises; prohibitions.........................................................HB 975 Sick leave for school personnel; increase......................................................................HB 2004 Special County sales tax; educational purposes - CA.....................................................HR 95 Special County sales tax; educational purposes - CA...................................................HR 168 Special one percent sales tax; educational purposes - CA...........................................HR 227 Special purpose county sales tax; certain projects......................................................HB 1473
Standards for grants to systems operating middle schools...........................................SB 440
State Board; membership; qualifications.........................................................................SB 311
State employees; attend certain colleges without payment of tuition .......................HR 386
State government; nonprofit contractor; definition ....................................................HB 1782
State lottery; disposition of proceeds - CA ......................................................................HR 11

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3145

EDUCATION (Continued) State Lottery; provide - CA.................................................................................................SR 30 State officials; election by plurality - CA.........................................................................HR 24 State School Superintendent; appointment - CA..........................................................HR 708 State School Superintendent; hold office no more than two terms - CA..................HR 239 State-wide network of regional educational services agencies; local assistance..............................................................................................................HB 1143 State-wide uniform annual evaluation; date ..................................................................HB 954 Student ID cards; issuance..............................................................................................HB 1598 Student Organization Responsibility for Drug or Alcohol Abuse Act......................HB 1225 Student teachers; supervisors; support specialists; payment.....................................HB 1640 Students; suspension; notify law enforcement...............................................................HB 667 Suspending and reopening local school systems; repeal certain article.................................................................................................................HB 1517 Teachers and certificated employees; certain employment continuation; compensation.........................................................................................HB 1054 Teachers and employees; health insurance; maximum fees for certain services...........................................................................................................SB 447 Teachers and public school employees; flexible benefit plan...........................,..........HB 452 Teachers; assessments; amend provisions.......................................................................HB 766 Teachers; certification; amend provisions........................................................................SB 671 Teachers; certification; amend provisions on certain test..........................................HB 1356 Teachers; certification; amend requirements..................................................................SB 439 Teachers; certification; fees.............................................................................................HB 1334 Teachers; certification; fees.............................................................................................HB 1499 Teachers; certification; renewal fee................................................................................HB 1328 Teachers; certification renewal fees..................................................................................SB 558 Teachers; fees for certificate; certain waiver................................................................HB 1221 Teachers; grievance procedures......................................................................................HB 1538 Teachers; leave school when closed; certain circumstances.......................................HB 1037 Teachers; midterm adjustments; training and experience.........................................HB 1077 Teachers; on-the-job performance testing; qualifications for exemption.......................................................................................................................HB 1212 Teachers; religious holidays shall not be charged sick leave.....................................HB 1051 Teachers; resignation, termination, suspension or demotion; notification.......................................................................................................................HB 564 Teachers Retirement; accumulated sick leave; limitation............................................HB 179 Teachers Retirement; certain persons; creditable service............................................HB 458 Teachers Retirement; certain private schools; creditable service................................SB 344 Teachers Retirement; certain public school personnel; membership.........................HB 727 Teachers Retirement; certain supported schools; credit..............................................HB 557 Teachers Retirement; change title of executive officer..............................................HB 1560 Teachers Retirement; creditable service; visiting scholar ............................................HB 109 Teachers Retirement; reestablishing creditable service..............................................HB 1092 Teachers Retirement; reestablishing creditable service................................................HB 964 Teachers Retirement; teaching service for handicapped children; credit...............................................................................................................................HB 1091 Teachers Retirement; transfer by faculty of University System.................................HB 639 Teachers Retirement; transfer service from Employees' Retirement System.......................................................................................................HB 1110
Teachers; transfer employment; Central State Hospital; salary adjustment............................................................................................................HB 917
Teachers; transfer to nonteaching position after 25 years............................................SB 495
Technical and Adult Education Department; certain federal funds; authorization........................................................................................................HB 584
Trust; create........................................................................................................................HB 244
Trust fund; tuition assistance; advance payment - CA................................................HR 763

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EDUCATION (Continued) University System Laboratory Equipment Rehabilitation Technology and Eminent Scholars Endowment Study Committee.............................................HR 571 University System of Georgia; revenue-producing facilities; financing - CA..................................................................................................................SR 397 Used textbooks; disposition; urge modification...........................................................HR 1048 Year-round school calendar; alternatives........................................................................HR 856
EDWARDS, HONORABLE WARD; commend..........................................................HR 997
EDWARDS, VINCENT; commend ...............................................................................HR 1147
EFFINGHAM COUNTY; homestead exemption; elderly..........................................HB 1800
ELBERT COUNTY; board of education; compensation............................................HB 1407
ELDER, V.; invite to House ...............................................................................................HR 769
ELDERLY Certificate of need; conversion of certain hospital facilities......................................HB 1874 Durable power of attorney for health care.....................................................................HB 999 Durable Power of Attorney for Health Care Act; provide............................................SB 688 Georgia Residential Finance Authority; expand powers ...............................................SB 508 HMO; benefits of Medicare or Medicaid recipients; contract...................................HB 1467 Home health agency; certificate of need; certain exemption.....................................HB 1383 Income tax; certain income level; food tax credit........................................................HB 1659 Income tax; certain retirement income; age for exclusion..........................................HB 1759 Income tax; certain retirement income; exemption...................................................HB 1 EX Income tax; certain retirement income; exemption ...................................................HB 2 EX Income tax; retirement income; exemption....................................................................HB 471 Income tax; retirement income; exemption..................................................................HB 1255 Income tax; credit for certain persons.............................................................................HB 636 Income tax exemption; certain widows and widowers..................................................HB 133 Insurance; continuing care providers; regulation.........................................................HB 1137 Insurance; Medicare supplements; review ....................................................................HB 1817 Medicaid Prescription Drug Bidding and Rebate Program;.........................................SB 268 Medicaid program; urge certain action............................................................................SR 217 Medical assistance; allowable reimbursements; limitations.......................................HB 1661 Medicare; supplement insurance; insurers; regulations ..............................................HB 1674 Nursing homes; abuse; reporting....................................................................................HB 1865 Nursing homes; receiverships; certain violations...............................................................HB 3 Nursing homes; sprinkler systems; requirements...........................................................SB 695 Older Georgians Transportation Study Committee; create .........................................HR 634 Professional engineer certificates; fees; exemption for elderly ..................................HB 1429 Residential housing; accessibility for disabled and elderly ..........................................HR 323 Tax relief; elderly - CA......................................................................................................HR 238 Transportation service; amend..........................................................................................SB 567 Volunteer service credit program...................................................................................HB 1867 Voting; seating arrangements ............................................................................................SB 177
ELECTIONS Biennial training of certain officials..................................................................................HB 60 Campaign contributions; certain disclosure; reporting requirements.......................HB 1363 Campaign contributions; Commissioner of Insurance.....................................................HB 52 Campaign contributions; expenditures; certain candidates..........................................HB 491 Campaign contributions; Insurance Commissioner; prohibitions................................HB 286 Campaign contributions; personal use; amend provisions..........................................HB 1312 Campaign Contributions; personal use; delete certain provisions ..............................HB 468 Campaign contributions; personal use; prohibitions...................................................HB 1284 Campaign contributions; public agencies; prohibitions..............................................HB 1336

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3147

ELECTIONS (Continued) Campaign contributions; Public Service Commission......,..............................................HB 65 Campaign disclosure; Ethics in Government................................................................HB 1385 Campaign disclosure; soil and water conservation supervisors; exempt ..................HB 1465 Candidates; financial disclosure; filing.............................................................................SB 497 Candidates; nomination petitions; cards with one signature; requirement ......................................................................................................................SB 639 Census data; boards, commissions and bodies; membership; congressional districts ..................................................................................................HB 1854 Certain county officials; nonpartisan primaries; repeal provisions...........................HB 1132 Chief deputy registrars; exemption from certain restrictions......................................HB 346 Code revisions....................................................................................................................HB 1273 Colleges; president serve as county or municipal deputy registrar...........................HB 1419 County courthouses; demolition; referendum requirement........................................HB 1247 Crime Information Center; availability of information ..............................................HB 1204 Deputy registrars; residency requirements .......................................................................HB 61 Elected officials; drug testing .........................................................................................HB 1234 Election Code; amend provisions ...................................................................................HB 1167 Electors; proper identification for registration ..............................................................HB 404 Ethics; prohibit certain campaign contributions .............................................................HB 18 Governor and Lieutenant Governor; one six-year term - CA......................................HR 372 Governor; qualifications for election; certain prohibitions.........................................HB 1101 Judges; temporary assignments; Atlanta and Ocmulgee Circuits; add judge........................................................................................................................HB 1523 Lobbying; contributions while General Assembly in session........................................SB 616 Lobbying; disclosures .......................................................................................................HB 1594 Moral Turpitude Conviction; prohibit holding state office - CA..................................HR 32 Moral turpitude conviction; prohibit holding state office - CA...................................SR 423 Municipal elections; dates ..................................................................................................SB 415 Municipalities; council members voting on matter of personal interest.....................SB 169 Municipalities; county voter registration; requirements.............................................HB 1627 Nomination by plurality ......................................................................................................HB 88 Officials; transacting business with county; prohibitions..............................................SB 704 Public official; moral turpitude conviction; ineligibility to hold civil office.................................................................................................................SB 430 Public officials; certain crimes; ineligibility to hold office - CA..................................SR 116 Public officials; financial disclosure; filing ......................................................................SB 351 Public officials; recall elections ..........................................................................................HB 73 Qualifying for state office; mandatory drug testing....................................................HB 1906 Qualifying for state office; mandatory drug testing.......................................................SB 545 Recall Act; legal sufficiency; definition............................................................................SB 486 Recall of public officers; sufficiency review petitions.................................................HB 1656 Registrars and chief registrar; compensation ...............................................................HB 1131 Registration cards; identification ...................................................................................HB 1172 Selection of poll managers.................................................................................................HB 618 Special elections and special municipal elections; uniform date...............................HB 1628 Special elections; nongeneral election year; date.........................................................HB 1476 State Election Board; certain rights; amend provisions.............................................HB 1591 State officials and employees; political activities...............................................................SB 6 State School Superintendent; hold office no more than two terms - CA..................HR 239 Superior and state courts; vacancies; special election - CA.........................................HR 161
Superior Court judges; election ......................................................................................HB 1432
Superior court judges; residency requirements - CA ....................................................HR 641
Superior court judges; terms; election - CA...................................................................HR 640
United States House of Representatives; United States Senate; limit terms; urge Constitutional Amendment ............................................................HR 957
Vacate office when qualifying for another - CA...............................................................SR 42

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INDEX

ELECTIONS (Continued) Voter registration; driver's license examiners................................................................HB 227 Voter registration; driver's license examiners................................................................HB 242 Voting; booth for handicapped persons; designation.....................................................SB 178 Voting; seating arrangements for handicapped and elderly .........................................SB 177
ELECTRICAL SERVICE Boilers and pressure vessels; certain exceptions; provisions......................................HB 1686 Construction; electrical contractors; define premises..................................................HB 1870 Electric membership corporation; service charge for dormant account.....................HB 456 Mortgages; Electric Membership Corporations may encumber after-acquired property................................................................................................HB 1282 Public Service Commission; utilities engaging in least cost planning; authorization ................................................................................HB 684 Public Service Commission; utilities pay special fees for operating costs..........................................................................................................HB 675 Public utilities; certain depository institutions; payment of bills.............................HB 1699 Rate regulation..................................................................................................................HB 1411 Residential electric service; sales tax exemption.............................................................HB 84 Utility Finance Section of Public Service Commission; abolish ...............................HB 1125
ELEVATORS AND ESCALATORS; certain buildings; exemption........................HB 136
ELLAVILLE, CITY OF; new charter ..............................................................................SB 647
ELROD, STEVE; compensate ...........................................................................................HR 226
EMANUEL COUNTY; board of commissioners; compensation...............................HB 2014
EMERGENCIES AND EMERGENCY SERVICES Ambulance; medical technicians; number required; certain counties ........................HB 604 Ambulances; motor vehicle insurance; requirements.....................................................SB 307 Emergency management rescue specialists; indemnification - CA .............................HR 588 Emergency Medical Services Grant Fund; create........................................................HB 1259 Emergency Medical Services Loan Fund; create.........................................................HB 1260 Fire Department Grant Fund; create............................................................................HB 1089 Fire Department Revolving Loan Fund; create ...........................................................HB 1083 Indemnification; emergency medical technicians; coverage.......................................HB 1630 Indemnification; line of duty; definition.......................................................................HB 1149 Indemnification; line of duty; definition..........................................................................SB 444 State patrol; close highways in emergency situations...................................................HB 329 Workers' compensation; certain volunteer firefighters; coverage..............................HB 1530
EMERSON, CITY OF; corporate limits .......................................................................HB 1687
EMINENT DOMAIN Attorney's fees; award......................................................................................................HB 1162 Downtown development authorities; power.....................................................................SB 471 Maintenance of condemned property............................................................................HB 1050
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Children and youth; Human Resources provide training...........................................HB 1484 Children; workers' compensation; coverage.....................................................................SB 728 Courts; contempt powers; applicability to employment requirements.....................HB 1274 Driver's license records; provide abstracts of employees................................................HB 40 Employment Security; drug abuse; disqualification of benefits................................HB 1416 Employment Security; full-time cafeteria workers........................................................HB 385

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3149

EMPLOYMENT (Continued) Employment Security; include Georgia Federal-State Shipping Point Inspection Service employees .......................................................................................HB 540 Equal opportunity ............................................................................................................HB 1511 Fair Employment Practices Act; Employment Security; certain fishing boats .....................................................................................................................SB 232 Family and medical leave policies of employers; committee to study .......................HR 318 Federal government; unemployment programs; funding..............................................HR 589 Federal government; unemployment programs; funding...............................................SR 315 Georgia Employer Drug Testing Act; provide..............................................................HB 1866 Income tax; corporations; certain credits........................................................................HB 532 Income tax; health coverage for certain employees; credit ........................................HB 1978 Joint Task Force on Revising Employment Security Law; create...............................SR 314 Occupational disease; disablement claim; time for filing...........................................HB 1036 Occupational disease; repeal reduction of certain compensation..............................HB 1052 State contracts; drug-free workplace for employees..........................................................HB 9 Torts; certain liability; employer's failure to check employee record............................................................................................................HB 1693 Workers' compensation; amend provisions......................................................................SB 464 Workers' compensation; certain treatment; payment to provider ............................HB 1531 Workers' compensation; definitions; directors emeritus; appointment ......................HB 989 Workers' compensation; employees' rights; prohibit penalty......................................HB 777 Workers' compensation; farm laborers; coverage.........................................................HB 1351 Workers' compensation; recovery against third party tort-feasors.............................HB 319 Workers' compensation; selection of physician; authorization....................................HB 359 Workers' compensation; self-insurers Guaranty Trust Fund; create........................HB 1421 Workers' compensation; subrogation rights of injured employee...............................HB 641
ENGINEERS AND LAND SURVEYORS Composition of board..........................................................................................................SB 681 Continuing education .......................................................................................................HB 1672 Land surveying; definition ..............................................................................................HB 1388 Land-surveyor-in-training; certification........................................................................HB 1650 Professional engineer certificates; fees; exemption for elderly..................................HB 1429 Wells; drilling under direction of geologists; contractor's license .............................HB 1785
ENGLISH, MARY ALICE; commend............................................................................HR 614
ENIGMA, TOWN OF.......................................................................................................HB 1825
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) Air contaminants; construction of certain facilities; permit........................................HB 700 Air pollution; permit applications; emission standards; compliance ........................HB 2086 Air Quality Control Act; requirements for permits.......................................................HB 933 Comprehensive Solid Waste Management Act; provide.............................................HB 1364 Comprehensive Solid Waste Management Act; provide................................................SB 533 Conservation rangers; law enforcement; assistance; authorization ...........................HB 1373 Counties and municipalities; solid waste disposal contracts; bids ...............................SB 237 Department of Environmental Protection; create.......................................................HB 1487 Earth Day; recognize April 22, 1990................................................................................HR 896 Environment; legislative support; urge .........................................................................HR 1014 Environmental Policy Act; enact ......................................................................................SB 651 Environmental Policy Act; enact......................................................................................HB 949 Environmental Protection Act of 1990; enact..............................................................HB 1362 Environmental Protection Division; director; appointment.......................................HB 1566 Fiduciary; environmental risks; powers.........................................................................HB 1747 Gasoline service stations; certain requirements; applicability......................................SR 432 Georgia Water Authority; create ....................................................................................HB 1820

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ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) (Continued) Hazardous Materials Safety Act; enact...........................,...............................................HB 931 Hazardous waste disposal sites; amend provisions........,.............................................HB 1124 Hazardous waste facilities; design and construction; state policy ............................HB 1474 Hazardous waste facilities; reports ...................................................................................SB 519 Hazardous Waste Management Authority; membership; terms ..................................SB 652
Hazardous Waste Management Authority; reduction study; impact statement ..........................................................................................................HR 1050
Hazardous waste reduction plans; reports ....................................................................HB 1746 Joint Committee on Environmental Protection Services; create ................................HR 683 Joint Study Committee on Hazardous Waste Management; create...........................HR 778 Joint Study Committee on Parks, Recreation and Natural Areas; create.................HR 811 Landfill operators; certification........................................................................................HB 148 Mining; permit; certain agreement between counties .................................................HB 1769 Mountain Protection Act; enact............................................................................................SB 1 Oil spills; regulation by Environmental Protection Division.....................................HB 1958 Pollution; House Natural Resources and Environmental Committee
to study ............................................................................................................................HR 367 Pollution; lake water quality standard; establish ........................................................HB 1532 Pollution Prevention and Waste Reduction Assistance; provide .................................SB 644 Sanitarians and environmental health specialists; regulation .....................................HB 135 Soil Erosion and Sedimentation Control Overview Study
Committee; create...........................................................................................................HR 888 Solid waste disposal; location; notification ...................................................................HB 1808 Solid waste disposal; permit provisions ...........................................................................SB 478 Solid waste disposal; residential areas; distance requirements ...................................HB 988 Solid waste facilities; certain permits; moratorium.....................................................HB 1358 Solid waste facilities; loans to counties and municipalities - CA ................................SR 327 Solid Waste Planning, Recycling and Reduction Act; enact .......................................HB 521 Solid waste; recycling; urging certain support.............................................................HR 1038 Solid waste; transport from one state to another; urge prohibition...........................HR 721 Water pollution; combined sewer overflow; treatment plan......................................HB 1533 Water pollution; combined sewer overflow system; permit .......................................HB 1535 Water pollution; combined sewer overflow system; permit ..........................................SB 605 Water pollution; combined sewer overflow; treatment plan.........................................SB 606 Water pollution; study portion of Chattahoochee River Basin.................................HB 1534 Water quality; certain lakes; standards ...........................................................................SB 714 Water Quality Control Act; violation; penalty ................................................................SB 608 Water quality control; phosphate detergents...............................................................HB 1218 Water Supply Protection Act; enact................................................................................HB 184 Wells; drilling under direction of geologists; contractor's license .............................HB 1785
EQUAL RIGHTS Bias Crimes and Antiterrorism Task Force; establish................................................HB 1596 Economic Rehabilitation Act; revise provisions..............................................................SB 530 Education; hiring practices; discrimination.......................................................................SR 52 Employment; equal opportunity ....................................................................................HB 1511 Governor's Commission on the Social Status of Black Males; create.........................SR 305 Hospitals; staff privileges; discrimination; prohibitions ................................................SB 333
House Disparity in Sentencing and Sentencing Reform Study Committee; create.................................................................................................HR 70
Housing; discrimination; revise prohibitions ................................................................HB 1117 Housing; discrimination; revise provisions....................................................................HB 1202 Nelson Rolihlahla Mandela Day; declare February 16, 1990.......................................HR 867 Parade and Demonstration Cost Containment Study Committee; create.................HR 635 Parade or demonstration permit; certain groups; restriction ....................................HB 1347 Schools; hiring practices; investigation ...........................................................................HR 221

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EQUAL RIGHTS (Continued) Small businesses; minimum amount of capital............................................................HB 1610 State government; women and minorities; participation in contracts .......................HB 103
ESTATES Administrators; bond requirements; waiver .................................................................HB 1744 Certain petition; signatures of heirs at law..................................................................HB 1804 Certain powers of administrator.......................................................................................HB 357 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Mental health; medical records of deceased patient; release.....................................HB 1456 Mortgages; additional persons who may execute cancellation .....................................SB 564 Real estate transfer tax; certain exemption .................................................................HB 1299 Reporting period of fiduciaries.......................................................................................HB 1392 Temporary administrator for deceased person ..............................................................HB 147 Uniform Statutory Rule Against Perpetuities; provide..............................................HB 1349 Wills; child born out of wedlock; inheritance ..............................................................HB 1353 Wills; last prior to death of testator; provide procedure............................................HB 1837 Wills; renouncement; hand delivery or by mail...........................................................HB 1834 Wills; revocation by divorce; amend provisions..............................................................SB 413 Wills; subscribing witnesses; effect of legacy or devise ..............................................HB 1352 Wills; testator's spouse; elect to take certain property...............................................HB 1311 Year's support; amend provisions ..................................................................................HB 1803 Year's support; certain property set apart .....................................................................HB 460
ESTES, CHRISTINE; commend .....................................................................................HR 610
EVIDENCE AIDS; disclosure of confidential information; certain persons....................................HB 842 AIDS; transfer custody of certain persons; disclosure ................................................HB 1224 Amend Code .........................................................................................................................SB 336 Arson investigator; witness fees.........................................................................................SB 579 Chemical test; hearings; introduction of certain evidence .........................................HB 1375 Child abuse; testimony of certain children.....................................................................HB 711 Child molestation..............................................................................................................HB 1321 Child's statement on sexual conduct and abuse ............................................................HB 366 Child's testimony on sexual conduct and abuse............................................................HB 397 Civil actions; pleading; written request for admission..................................................HB 354 Cruelty to children; admissibility of certain testimony.................................................SB 153 Default judgment; introduction of certain evidence; amend requirements.....................................................................................................................SB 418 Defendants' testimony; impeachment ..............................................................................SB 217 DNA profile; requirement .................................................................................................HB 137 Expert witnesses; medical malpractice; actions ...........................................................HB 1135 Judgments; certain motions; appealability.....................................................................HB 589 Persons gathering news and dissemination; privilege....................................................SB 636 Trials; defendant furnish list of witnesses to District Attorney .................................HB 180 Witness fees; law enforcement personnel........................................................................HB 260 Witnesses; competency and credibility............................................................................HB 310 Witnesses; competency of child; amend provisions.......................................................HB 218 Witnesses; testimony of child; videotape......................................................................HB 1749 Witnesses; testimony on direct examination................................................................HB 1675
EXAMINING BOARDS; (See Licenses or Professions and Businesses)
EWING, JOHN ALLEN, JR.; condolences .................................................................HR 1161
EWING, W. T.; commend ...................................................................................................HR 783
EXCISE TAX Cigars and cigarettes; .........................................................................................................HB 480

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EXCISE TAX (Continued) Cigarettes .............................................................................................................................HB 691 Cigarettes; increase tax......................................................................................................HB 233 Distilled spirits;...................................................................................................................HB 479 Distilled spirits, beer and wine.........................................................................................HB 690 Distilled spirits; stamps ...................................................................................................HB 1121 Ethanol blended motor fuel; Congress urged to exempt..............................................HR 865 Hotel-motel tax; counties and municipalities; rate .......................................................HB 770 Hotel-motel tax; nonprofit organizations; financial records ......................................HB 1258 Income tax; certain persons; credit..................................................................................HB 710 Malt beverages; ...................................................................................................................HB 477 Motor fuels; amount.............................................................................................................HB 14 Wine......................................................................................................................................HB 478
EXECUTIONS AND JUDICIAL SALES Tax sales; advertisements; written notice of execution ..............................................HB 1620 Tax sales; surplus from property sale; amend provisions ..........................................HB 1300
EXODUS, INC.; commend ...............................................................................................HR 1221

F

FAMILY (Also, see Domestic Relations) Aid to dependent children; school attendance; certain exceptions...........................HB 1802 At-risk children and youth; establish certain goals; strategy .......................................SB 374 Child welfare agencies; video equipment; installation................................................HB 1507 Children and youth; family day-care home; definition.................................................HB 938 Children and youth; services for disturbed children.....................................................HB 560 Family Therapists; supervisors.........................................................................................HB 635 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 539 Employees' Retirement; family and children services; creditable service ............................................................................................................HB 596 Family and medical leave policies of employers; committee to study .......................HR 318 Family Preservation and Child Protection Reform Act; provide..............................HB 1877 Family Preservation and Child Protection Reform Act; provide.................................SB 705 Human Resources Department; child welfare services and services to courts.............................................................................................................HB 390 Income tax; certain income level; food tax credit........................................................HB 1659 Juvenile proceedings; removal of child from home.....................................................HB 1320 Marriage license; fees for family violence shelters ........................................................HB 196 Medical assistance; allowable reimbursements; limitations .......................................HB 1661 Paternal Rights Act; enact ................................................................................................HB 543 Professional Counselors, Social Workers, Marriage and Family Therapists, Board of; termination ................................................................................SB 572 Professional Counselors, Social Workers, Marriage and Family Therapists; supervisors ..................................................................................................HB 635 Violence; certain facts; defendant remanded into custody ...........................................SB 551
FARGASON, CHAD; commend .....................................................................................HR 1246
FARMS AND FARM PRODUCTS EBDC fungicides and Benomyl on certain vegetables; urge continued use..............HR 624 Emerging Crops Fund; provisions..................................................................................HB 1105 Emerging crops loan fund; appropriation - CA .............................................................HR 466
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FARMS AND FARM PRODUCTS (Continued) Emerging crops loan fund; appropriation - CA .............................................................HR 796 Farm Animal and Research Facilities Protection Act; provide....................................SB 575 Farmers' market; rental or lease property.......................................................................SB 518 Federal Crop insurance program; urge continuation ....................................................HR 961 Georgia Agricultural Commodities Promotion Act; enact............................................HB 745 Income tax; credit for certain homesteads or farms .....................................................HB 717 Peanuts; 1990 farm bill; urge change in certain provisions .........................................HR 962 Workers' compensation; farm laborers; coverage.........................................................HB 1351
FAYETTE COUNTY Mclntosh Trail Regional Development Center; transfer Fayette County to Atlanta Regional Development Center.....................................................HR 927 Probate court judge; compensation................................................................................HB 1885 Probate court judge; compensation................................................................................HB 2073 School superintendent; appointment................................................................................SB 760 Sheriff; compensation.......................................................................................................HB 1883 Superior court clerk; compensation...............................................................................HB 1884 Superior court clerk; compensation...............................................................................HB 2075 Tax commissioner; compensation...................................................................................HB 1882 Tax commissioner; compensation...................................................................................HB 2074
FAYETTEVILLE, CITY OF; mayor and councilmen; election ...............................HB 2020
FEDERAL GOVERNMENT Balanced budget; urge amendment to United States Constitution; rescind request for constitutional convention ............................................................HR 122 Census data; boards, commissions and bodies; membership; congressional districts ..................................................................................................HB 1854 EBDC fungicides and Benomyl on certain vegetables; urge continued use..........................................................................................................HR 624 Employees' Retirement; Georgia Federal and State Shipping Point Inspection Service; creditable service...........................................................................SB 312 Employment Security; include Georgia Federal and State Shipping Point Inspection Service employees.............................................................................HB 540 Ethanol blended motor fuel; urge Congress to exempt excise tax..............................HR 865 Federal Crop insurance program; urge continuation ....................................................HR 961 Gasoline service stations; certain requirements; applicability......................................SR 432 Governmental projects; revenue bonds; urge resistance to reduce .............................HR 723 Limit liability for persons handling used oil for recycling; urge.................................HR 758 Military appropriations; urge Congress to reduce and redirect funds to domestic programs..........................................................................................HR 724 Peanuts; 1990 farm bill; urge change in certain provisions .........................................HR 962 Prayer at sporting events; urge review of lower court decision...................................HR 681 Railroads; special officers; residency requirements.....................................................HB 1673 Solid waste; recycling; urging certain support .............................................................HR 1038 Solid waste; transport from one state to another; urge prohibition...........................HR 721 Tenth Amendment to United States Constitution; express consensus of House of Representatives .......................................................................................HR 1108 Tenth Amendment to United States Constitution; express consensus of General Assembly ......................................................................................................HR 623 Toxic chemicals in fish levels; single standard; urge adoption....................................HR 720 Unemployment programs; funding..................................................................................HR 589 Unemployment programs; funding ...................................................................................SR 315
United States Constitution convention; propose amendment; apply to Congress ...........................................................................................................HR 714
United States House of Representatives and United States Senate; limit terms; urge Constitutional Amendment............................................................HR 957
United States Veterans Administration; change name to United States Department of Veterans Affairs.....................................................................HB 1275

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FEDERAL VOTING RIGHTS ACT OF 1965; 25th Anniversary; commend ....HR 1106
FIDUCIARIES Environmental risks; powers...........................................................................................HB 1747 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Reporting period ...............................................................................................................HB 1392 Securities; certain business activities; transmission of money .....................................SB 601
FIELDS, IOLA HOLLOWAY; condolences................................................................HR 1060
FIELDS, PAUL; commend ................................................................................................HR 752
FINANCIAL INSTITUTIONS Alcoholic beverages; retail dealer; prohibit check-cashing center.............................HB 1120 Bad checks; criminal issuance; definition .....................................................................HB 1774 Bad checks; issuance; penalty .........................................................................................HB 1793 Branch bank; establishment in certain counties..........................................................HB 1722 Consumer reports; bankruptcy information; certain prohibitions ............................HB 1213 Consumer reports; writ of fieri facias; verification......................................................HB 1522 Credit cards; certain information stated on statement...............................................HB 1090 Credit cards; fees for cash advances ................................................................................HB 978 Credit cards; interest and other charges; revise provisions........................................HB 1406 Credit unions; investment of funds; loan participation.................................................SB 540 Financial transaction card; fraud; penalty.......................................................................SB 615 Financial transaction card; personal information on sales record; prohibit..............................................................-............................................................HB 1890 Financial transaction card; personal information on sales record; prohibit....................................................................................................-.....................HB 2032 Georgia Industrial Finance Authority; create .................................................................SB 660 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Group self-insurance funds; maintenance of securities deposit ...................................SB 693 Intangible tax; exemption of stock ................................................................................HB 1623 Licensed check cashers......................................................................................................HB 605 Cashersof checks.......................................................................................................-......HB 1208 Mortgage bankers and brokers; licensing......................................................................HB 1023 Mortgage bankers and brokers; licensing......................................................................HB 1104 Property; escrow accounts; loan proceeds; disbursement...........................................HB 1597 Public utilities; certain depository institutions; payment of bills.............................HB 1699 Securities; certain business activities; transmission of money .....................................SB 601 Selling or issuing checks; license exemption ................................................................HB 1240 Sheriffs; certain deposits; interest bearing accounts...................................................HB 1581 Small businesses; minimum amount of capital............................................................HB 1610 South Africa; prohibit investments of retirement funds ................................................HB 82
FINKE, CHERYL; commend ............................................................................................HR 658
FIRE PROTECTION Aboveground storage tanks; diesel fuel; remove prohibition........................................SB 716 Arson investigator; witness fees.........................................................................................SB 579 Blasting or excavating near underground pipes; notification ....................................HB 1651 Building permit; submit plans to officer of fire department.....................................HB 1537 Buildings; exemption from certain requirements...........................................................SB 416 Buildings; smoke detectors in certain locations; exceptions.........................................SB 711 Buildings; Standard Fire Prevention Code (SBCCI); requirements.........................HB 1680 Driver's license; abstract; furnish to certain agencies .................................................HB 1797 Explosive device; offense of criminal possession; cruise ships docking in Georgia ports........................................................................HB 1512 Fire Department Grant Fund; create ............................................................................HB 1089 Fire Department Revolving Loan Fund; create...........................................................HB 1083

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FIRE PROTECTION (Continued) Fire departments; minimum requirements.....................................................................HB 620 Fire extinguishers; regulations..........................................................................................HB 313 Firefighter Standards and Training Council; written examination ............................HB 369 Firefighters; special license plates....................................................................................HB 544 Firemen's Pension Fund; increase benefits .....................................................................SB 162 Indemnification; line of duty; definition.......................................................................HB 1149 License plates; firefighters; certain fee exemption ......................................................HB 1222 Manufactured and mobile homes; installation; regulation.........................................HB 1709 Nursing homes; sprinkler systems; requirements ...........................................................SB 695 Weapons or explosives; carrying at public gatherings ................................................HB 1964 Workers' compensation; certain volunteer firefighters; coverage..............................HB 1530
FIREARMS Carrying deadly weapons at public gatherings; penalty.............................................HB 1237 Crimes; possession of explosives; penalty .....................................................................HB 1477 Education; safety program; prevent injuries to children..............................................HR 857 Explosive device; offense of criminal possession; cruise ships docking in Georgia ports........................................................................HB 1512 Firearm dealers; ammunition to underage persons; refrain.........................................HR 409 Firearms dealer; information required of purchaser .....................................................HB 190 General Assembly regulate................................................................................................HR 960 Handgun Roster Board; create .........................................................................................HB 189 Hunting; certain handguns for game animals; authorization.....................................!!!) 1412 Hunting wildlife with crossbows; certain circumstances ............................................HB 1929 Keep in locked container.................................................................................................HB 1308 License fees........................................................................................................................HB 1445 License to carry; illegal drug conviction; eligibility .......................................................SB 512 Marksmanship programs; promotion in high schools ...................................................HR 626 Outdoor public firearms facility; Department of Natural Resources; urge funding ....................................................................................................................HR 814 Peace officers; possession; amend provisions .................................................................HB 593 Possession by certain persons ..............................................................................................SB 20 Schools; certain crimes, reporting requirements; liability immunity........................HB 1297 Schools; discharge of firearms; distance requirements ...............................................HB 1723 Weapons or explosives; carrying at public gatherings ................................................HB 1964
FIREFIGHTERS OF GEORGIA; Recognition Day; commend.................................HR 689
FIRST BAPTIST CHURCH OF ASHBURN; centennial; commend ..................HR 1094
FIRST UNITED METHODIST CHURCH OF ASHBURN Centennial; commend.......................................................................................................HR 1088
FISH AND FISHING (Also, see Game and Fish) Commercial; license for trawlers ....................................................................................HB 1657 Emerging Crops Fund; provisions..................................................................................HB 1105 Emerging crops loan fund; appropriation - CA .............................................................HR 466 Employment Security; commercial fishing boats;........................................................HB 1370 Fair Employment Practices Act; Employment Security; certain fishing boats.....................................................................................................................SB 232 Hunting; suspension of privileges; negligence ................................................................HB 361 Hunting while intoxicated; criminal provisions.............................................................HB 360 Natural Resources Department; certain income and expenditures; reporting requirements ..................................................................................................HR 930 Possession limit for red drum; delete provision...........................................................HB 1372 Sale, purchase or transportation; amend provisions ...................................................HB 1721 Sales tax; exemption on fuel, supplies, or equipment; commercial shrimpers ....................................................................................................HB 374

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3156

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FISH AND FISHING (Also, see Game and Fish) (Continued) Salt-water fishing; license fees...........................................................................................SB 741 Salt waters; open or close; determination by Commissioner .....................................HB 1369 Shellfish; regulation of taking..............................................................................................SB 59 Sport trotlines; remove certain prohibitions ................................................................HB 1100 Taxidermy Examiners, State Board of; create...............................................................HB 453 Wholesale fish dealers; fees for nonresidents.................................................................HB 672
FITZGERALD, CITY OF; homestead exemption; elderly........................................HB 1955
FLAGS Assault or battery; abusive language; justification ......................................................HB 1479 Assault or battery; symbolic speech; justification .......................................................HB 1551 State; change design.............................................................................................................HB 24
FLETCHER, EDMUND PERRY, SR.; commend....................................................HR 1098
FLINT JUDICIAL CIRCUIT Addjudge...........................................................................................................................HB 1242 Add judge...........................................................................................................................HB 1951
FLORIDA A & M MARCHING 100 BAND; commend.....................................HR 12 EX
FLOY FARR PARKWAY; designate ................................................................................SR 36
FLOYD COUNTY Easement; natural gas pipeline.........................................................................................HR 908 Grant easement....................................................................................................................SR 427 Juvenile court; duties and salary ......................................................................................SB 349
FLOYD, HONORABLE JOHNNY Election.............................................................................................................................Page 3027 Oath of office...................................................................................................................Page 3027
FOLKSTON, CITY OF; corporate limits .....................................................................HB 2048
FOLSOM, SUSAN GRACE; Junior Miss Georgia Peanut Queen; commend..........HR 983
FOOD Containing certain pesticide residues; adulterated and unsafe ....................................SB 516 EBDC fungicides and Benomyl on certain vegetables; urge continued use..............HR 624 Food Sales Income Tax Credit Act of 1989; enact.........................................................HB 714 Honey and imitation honey; mislabeling penalty ........................................................HB 1654 House Catering Business Study Committee; create......................................................HR 244 Local option sales tax; exemption; applicability ..........................................................HB 1658 Rabbits; slaughtering and processing; certain exceptions .............................................SB 119 Sales; retail groceries; price label...................................................................................HB 1233 Sales tax; amend exemptions;.........................................................................................HB 1281 Sales tax; exemption.............................................................................................................HB 78 Sales tax; exemption...........................................................................................................HB 416 Sales tax; exemption, residential phone and electrical service......................................HB 84 Torts; charitable donations of food ...............................................................................HB 1277 Toxic chemicals in fish levels; single standard; urge adoption....................................HR 720 Vidalia onion; official vegetable; designate...................................................................HB 1571 Wholesale fish dealers; fees for nonresidents.................................................................HB 672
FORD, CLAY; honorary Mayor of the Woods Creek Section of the Woods Grove Community .....................................................................................HR 11 EX
FORECLOSURE; recording; name and address requirement....................................HB 1685
FOREIGN GOVERNMENTS Nelson Rolihlahla Mandela Day; declare February 16, 1990.......................................HR 867

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3157

FOREIGN GOVERNMENTS (Continued) Sales tax; export; certain exemption; clarification ........................................................HB 594 South Africa; prohibit investments of retirement funds ................................................HB 82
FOREST CITY GUN CLUB; commend......................................................................HR 1084
FOREST PARK, CITY OF; corporate limits ..............................................................HB 1986
FORESTS AND PLANT RESOURCES Ad valorem tax; agricultural, horticultural or forest land - CA....................................HR 15 Ad valorem tax; assess property at value of current use - CA....................................HR 836 Ad valorem tax; exempt timber; provide timber yield tax - CA.................................HR 726 Ad valorem tax; standing timber...................................................................................HB 1646 Ad valorem tax; standing timber; exemption.................................................................HR 706 Ad valorem tax; standing timber; fair market value...................................................HB 1539 Dimension lumber; grading; standards.............................................................................SB 665 Emerging Crops Fund; provisions..................................................................................HB 1105 Emerging crops loan fund; appropriation - CA.............................................................HR 466 Forest products; severance taxation ..............................................................................HB 1175 Georgia Trust for Historic Preservation, Inc; convey property...................................HR 321 Income tax; timber sales; certain exemption..................................................................HB 939 Income tax; timber sales; credit.......................................................................................HB 940 Motor vehicles; amber light on loads of logs................................................................HB 1355 Paper products manufactured from recycled paper; purchase; urge..........................HR 816 Standing timber; alternative method of taxation - CA................................................HR 704 Toxic chemicals in fish levels; single standard; urge adoption....................................HR 720
FORSYTH, CITY OF; homestead exemption..............................................................HB 2011
FORSYTH COUNTY Homestead exemption; elderly or disabled...................................................................HB 1918 Johns Creek Community Improvement District; create.............................................HB 1917
FORSYTH COUNTY OPTIMISTS CLUB; commend.............................................HR 772
FORT BENNING; Regimental Headquarters, the 3rd Battalion, 75th Ranger, and the 988th Military Police; commend .......................................................................HR 687
FOSTER, DR. WILLIAM P. AND FLORIDA A & M MARCHING 100 BAND; commend................................................................................................HR 12 EX
FOSTER, REVEREND FARRELL JAMES; condolences.......................................HR 667
FOURTH ANNUAL GEORGIA PEACH FESTIVAL; commend and invite a representative to House......................................................................................HR 738
FOWLER, GEORGE D. JR.; compensate......................................................................HR 581
FRANCHISES Franchised Motor Vehicle Practices Study Committee; create...................................HR 189 Motor Vehicle Franchise Practices; attorney's fees in certain actions ...............................................................................................................HB 1186
FRAUD Financial transaction card; penalty ..................................................................................SB 615 Insurance; reports of fraudulent acts; investigation....................................................HB 1466 Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act.....................HB 1111
FREEPORT; ad valorem tax exemption; reduction .....................................................HB 1664
FULTON COUNTY Alpharetta, City of; new charter; create..........................................................................HB 662

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3158

INDEX

FULTON COUNTY (Continued) Annexation; certain counties; applicability; remove language...................................HB 1814 Atlanta-Fulton County; convey property...........................................................................SR 64 Board of commissioners; chairman's election..................................................................SB 442 Board of commissioners; revise certain election districts...........................................HB 1731 Board of commissioners; terms.......................................................................................HB 1852 Board of Education; pension fund; investment authority..........................................HB 1174 Board of registration and elections; duties.....................................................................HB 809 Commissioner districts; revise ........................................................................................HB 1869 Community Improvement Districts Act; enact.........................................................HB 11 EX Compensation of board of commissioners; repeal Act................................................HB 1732 Convey property..................................................................................................................HR 580 Courts; hunting certain judges; jurisdiction .................................................................HB 2034 Economic Development Authority; create.................................................................HB 12 EX Fulton-DeKalb Hospital Authority; create committee ...................................................HR 20 Grant easement; operation of transmission cable..........................................................HR 684 Homestead exemption; elderly and disabled..................................................................HB 328 Homestead exemption; elderly; educational purposes ..................................................HB 795 Homestead exemption; elderly or disabled...................................................................HB 2079 Library; board of trustees; per diem allowance ..............................................................SB 724 Rodent control; certain residences....................................................................................SB 155 School Employees Pension System; board membership selection ..............................HB 673 School Employees Pension System; membership of board........................................HB 1173 School Employees' Retirement Plan of 1990; create.....................................................HB 624 Superintendent of schools; election.................................................................................HB 911 Tax collectors; applicability to certain county; remove provision ...............................SB 683
FUNERAL DIRECTORS Funeral processions; law enforcement officers; immunity of liability......................HB 1246 Motor vehicles; tinted windshield requirements; funeral directors .............................SB 700 Revise Code .......................................................................................................................HB 1790 State Board of Funeral Service; termination date ......................................................HB 1740

G

G.L.A.D.; community drug prevention efforts; commend.............................................HR 1228
GAINESVILLE THEATRE ALLIANCE; commend and invite to House ..........HR 1067
GALLM AN, JEAN; commend ..........................................................................................HR 650
GAMBLING Bingo; fingerprints or photo; licensing requirements.....................................................SB 566 Bingo; nonprofit games; prohibit - CA............................................................................HR 885 Bingo; repeal provisions...................................................................................................HB 1954 Certain games or devices; exceptions ...............................................................................SB 412 Cruise ships docking in Georgia ports...........................................................................HB 1512 Crimes; cockfighting; penalty..........................................................................................HB 1572 Joint State-wide Lottery Study Committee; create ........................................................HR 29 Lotteries; delete prohibitions - CA....................................................................................HR 28 Lotteries; nonprofit religious institutions .........................................................................HB 26 Pari-mutuel wagering; counties; referendum..................................................................HB 447 Seizure; advertisement for two months.........................................................................HB 1157 Seizure; default judgment; amend provisions...............................................................HB 1154 State Lottery; provide - CA.................................................................................................SR 30
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3159

GAME AND FISH Commercial fishing; license for trawlers .......................................................................HB 1657 Conservation ranger; driver's license as collateral for bail.........................................HB 1787 Conservation rangers; law enforcement; assistance; authorization ...........................HB 1373 Courts; hunting certain judges; jurisdiction .................................................................HB 2034 Employment Security; commercial fishing boats.........................................................HB 1370 Fair Employment Practices Act; Employment Security; certain fishing boats .....................................................................................................................SB 232 Fish; sale, purchase or transportation; amend provisions ..........................................HB 1721 Fishing; possession limit for red drum; delete provision............................................HB 1372 Fishing; sport trotlines; remove certain prohibitions..................................................HB 1100 Hunter safety certificate; examination.............................................................................SB 422 Hunting at night; prohibitions..........................................................................................HB 363 Hunting; certain handguns for game animals; authorization.....................................HB 1412 Hunting deer at night from boat or vehicle; amend provisions ..................................HB 987 Hunting licenses; disabled veteran; Florida resident; reciprocity .............................HB 1925 Hunting; suspension of privileges; negligence ................................................................HB 361 Hunting; turkey gobblers; closing season........................................................................HB 424 Hunting while intoxicated; criminal provisions .............................................................HB 360 Hunting wildlife with crossbows; certain circumstances ............................................HB 1929 Natural Resources, Board of; judicial review of decisions; hearing.............................SB 534 Natural Resources Department; certain income and expenditures; reporting requirements ..................................................................................................HR 930 Sales tax; exemption on fuel, supplies, or equipment; commercial shrimpers ....................................................................................................HB 374 Salt-water fishing; license fees...........................................................................................SB 741 Salt waters; open or close; determination by Commissioner .....................................HB 1369 Shellfish; regulation of taking..............................................................................................SB 59 Taxidermists; record requirements; licensing...............................................................HB 1629 Taxidermy Examiners, State Board of; create...............................................................HB 453 Wildlife; feeding certain animals; prohibit .....................................................................HB 264
GARNISHMENT Attachment; application for writ; requirements ..........................................................HB 1848 Individual retirement accounts; certain exception ......................................................HB 1098 Judges of Probate Courts Retirement Fund; amend provisions .................................HB 444
GAS, GASOLINE AND GAS SERVICE Aboveground storage tanks; diesel fuel; no prohibition ................................................SB 716 Bonds; coverage for fuel stolen at service stations........................................................HB 517 Floyd County; easement; natural gas pipeline ...............................................................HR 908 Floyd County; grant easement ..........................................................................................SR 427 Gasoline service stations; certain requirements; applicability ......................................SR 432 Handicapped persons; self-service fuel; cost....................................................................HB 12 Liquified petroleum gas; license or permit; one-time fee...........................................HB 1644 Petroleum gas; storage facilities; requirements...............................................................SB 529 Public Service Commission; utilities engaging in least cost planning; authorization..........................................................................................HB 684 Public Service Commission; utilities pay special fees for operating costs ..........................................................................................................HB 675 Public utilities; certain depository institutions; payment of bills.............................HB 1699 Radon Licensing Board; create.........................................................................................HB 170 Retail facilities; public restroom facilities ........................................................................HB 87 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423 Sales tax; fuel to heat structures for raising swine; exemption.................................HB 1468 Schools; radon gas; urge tests for presence ....................................................................HR 866 Utility Finance Section of Public Service Commission; abolish ...............................HB 1125

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3160

INDEX

GENERAL ASSEMBLY Adjourn 1/12/90; reconvene 1/22/90.................................................................................SR 292 Adjourn 2/09/90; reconvene 2/12/90.................................................................................SR 433 Adjourn 2/15/90; reconvene 2/19/90 ................................................................................HR 863 Adjourn 2/22/90; reconvene 2/26/90 .................................................................................SR 474 Adjourn 3/1/90; reconvene 3/5/90 .....................................................................................SR 496 Adjourn 3/7/90; reconvene 3/9/90 ..................................................................................HR 1074 Adjourn Sine Die; Extraordinary Session 9/15/89 ......................................................SR 5 EX Anti-drug laws; relating to enactment.............................................................................HR 871 Appropriations; automatic provision - CA......................................................................HR 465 Automatic adjournment on Fridays.................................................................................HB 876 Bills contingent upon appropriation; prohibitions - CA ..............................................HR 310 Campaign contributions; expenditures; certain candidates..........................................HB 491 Certain accommodations; expense allowance .................................................................HB 877 Conference on Children of Cocaine and Substance Abuse; establish.........................HR 912 County managers; General Assembly provide by local law........................................HB 1525 Department of Natural Resources; report certain income and expenses of funds; urge ..................................................................................................................HR 933 Employees' Retirement; General Assembly members; survivors' benefits ................HB 754 Environment; legislative support; urge .........................................................................HR 1014 Firearms; General Assembly regulate..............................................................................HR 960 Fiscal affairs subcommittee; continuing appropriations; reports ................................HB 801 Fiscal affairs subcommittees; duties and functions.......................................................HB 627 General Appropriations Act; FY 1990-1991..................................................................HB 1314 Georgia Children and Youth Overview Committee; create ..........................................HB 958 Georgia Children and Youth Overview Committee; create...........................................SB 355 Georgia Laws; publication; amend provisions..............................................................HB 1446 Governor; qualifications for election; certain prohibitions.........................................HB 1101 Gwinnett County Chamber; salute to General Assembly; invite members ...............HR 858 House Strategic Planning Study Committee; create.....................................................HR 371 Joint Abortion Study Committee; create........................................................................HR 872 Joint Session; address by Governor .................................................................................Page 79 Joint Session; Governor's message...................................................................................HR 563 Joint Session; Governor's message; invite Justices and Judges ..................................HR 564 Joint Session; message from Chief Justice of Supreme Court....................................HR 565 Joint Study Committee on Efficiency in State Government; create...........................SR 363 Joint Study Committee on Jail Financing in Georgia; create.....................................HR 862 Joint Study Committee on State Officials' Compensation; create .............................HR 886 Joint Task Force on Revising Employment Security Law; create..............................HR 590 Legislative Retirement; allowance; amend provisions...................................................HB 198 Legislative Retirement; member; prior service ............................................................HB 1114 Legislative Services Committee; meetings; amend provisions...................................HB 1309 License plates; special tags; retired General Assembly members...............................HB 384 Lieutenant Governor and Speaker, House of Representatives; limit terms - CA..............................................................................................................HR 631 Lobbying; certain state employees; prohibitions ...........................................................HB 122 Lobbying; certain state officials; registration..................................................................SB 265 Lobbying; contributions while General Assembly in session ........................................SB 616 Lobbying; disclosures; certain expenses; General Assembly members.....................HB 1594 Lobbying; state agencies; registration..............................................................................HB 165 Local legislation; advertisement; authorization..............................................................HB 522
Murphy, Honorable Harold L; invite for presentation to Honorable Thomas B. Murphy ....................................................................................HR 941
Notify Governor; General Assembly convened..............................................................HR 561
Notify Governor; General Assembly convened in Extraordinary Session..............HR 2 EX
Open meetings - CA................................................................................................................SR 4
Parks Authority Overview Committee; create..............................................................HB 1209

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3161

GENERAL ASSEMBLY (Continued) Planning and Budget, Office of; continuation budget report .......................................SB 326 Public records; certain staff services; disclosure requirement.....................................HB 701 Reapportionment; composition of certain state Senate districts.................................SB 598 Retirement bills; actuarial investigations; date............................................................HB 1415 Session for overriding Governor's veto - CA................................................................HR 1131 Strategic Planning Study Committee; create...............................................................HR 1015 Supplemental appropriations; FY 1989-90 ...................................................................HB 1187 Supplemental appropriations; FY 1989-90...................................................................HB 1288 Supplemental appropriations; FY ending 1989..............................................................HB 276 Supplemental appropriations; FY ending 1989..............................................................HB 873 Supplemental appropriations; FY ending 1990..............................................................HB 253 Tenth Amendment to United States Constitution; express consensus of General Assembly......................................................................................................HR 623
GEORGIA ASSOCIATION OF NURSE ANESTHETISTS; commend ...........HR 1119
GEORGIA BOOT COMPANY AND HANSON INDUSTRIES; commend......HR 801
GEORGIA BUILDING AUTHORITY Income tax return form; certain designation; assignment............................................HB 792 National Football League; urge Georgia Dome for 1994 Super Bowl ........................HR 707
GEORGIA CITIZENS FOR THE ARTS; commend.................................................HR 652
GEORGIA INSTITUTE OF TECHNOLOGY; graduate students; commend......HR 918
GEORGIA PEANUT FESTIVAL; commend and invite to House ..........................HR 978
GEORGIA POWER COMPANY; commend.................................................................HR 846
GEORGIA RAILS INTO TRAILS SOCIETY; express support............................HR 972
GEORGIA SOUTHERN COLLEGE; Eagles football team; commend...................HR 700
GEORGIA WING OF THE CIVIL AIR PATROL; commend ...............................HR 618
GEORGIANS FOR THE PRESERVATION OF RURAL LIFESTYLES; commend..............................................................................................HR 1197
GEORGIA'S ELECTRIC COOPERATIVES; commend........................................HR 1126
GIBBONS, IRIS; commend.............................................................................................HR 1194
GIBBS, EMMA WOODFIN CARSON; 100th Birthday; commend ........................HR 939
GIBSON, JEANNIE FULCHER; commend..............................................................HR 1240
GILMER COUNTY Board of commissioners; salary...................................................................................HB 13 EX Public Facilities Authority; create..............................................................................HB 14 EX
GLANVILLE, JERRY; commend and invite to House...............................................HR 808
GLENDOWER, GOLDEN WINSTON; commend ...................................................HR 1227
GLENNVILLE, CITY OF; corporate limits................................................................HB 1923
GLYNN COUNTY Grant easement...................................................................................................................HR 779 Colonel's Island; marker in honor of Governor Vandiver.............................................SR 297 Superior Court; Brunswick Judicial Circuit; term .........................................................SB 727
GOIZUETA, ROBERTO;commend..............................................................................HR 1076

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3162

INDEX

GOLDEN CLUB; commend ..............................................................................................HR 893
GOLUB, ALLIE M.; condolences ...................................................................................HR 1099
GOOD HOPE, CITY OF; new charter..........................................................................HB 1898
GORDON, CITY OF; municipal officer serve on Wilkinson County board of education...............................................................................................................SB 385
GORDON COUNTY Board of commissioners; create.........................................................................................SB 748 Emergency telephone number 911; create .......................................................................SB 758
GOVE, SHELIA;commend..............................................................................................HR 1144
GOVERNOR Adjutant general; eligibility requirements....................................................................HB 1914 Candidates; financial disclosure; filing.............................................................................SB 497 Communications..........................Pages 1479, 3026, 3028, 3029, 3032, 3033, 3041, 3042, 3045 General Assembly; session for overriding Governor's veto - CA...............................HR 1131 Governor's Private Sector Survey Committee on Cost Control; create.....................HR 225 Honor..................................................................................................................................HR 1212 Joint Session; Governor's address....................................................................................Page 79 Joint Session; Governor's message...................................................................................HR 563 Joint Session; Governor's message; invite Justices and Judges ..................................HR 564 Notify Governor; General Assembly convened ..............................................................HR 561 Notify Governor; General Assembly convened in Extraordinary Session..............HR 2 EX One six-year term - CA......................................................................................................HR 372 Planning and Budget, Office of; continuation budget report .......................................SB 326 Proclamation; Extraordinary Session...........................................................................Page 3023 Qualifications for election; certain prohibitions...........................................................HB 1101
GRANTS Colleges and universities; student incentive grants.......................................................HB 417 Education; standards for grants to systems operating middle schools.......................SB 440 Emergency Medical Services Grant Fund; create........................................................HB 1259 Fire Department Grant Fund; create ............................................................................HB 1089 Pollution Prevention and Waste Reduction Assistance; provide.................................SB 644 Quality Basic Education; certain schools to receive sparsity grants........................HB 1667 Quality Basic Education; certain schools to receive sparsity grants...........................SB 411 Schools; sparsity grants for certain school systems; continuation ............................HB 1410 Schools; sparsity grants for fiscal year 1991....................................................................SB 527
GRAYSVILLE, CITY OF; grant easement....................................................................HR 697
GREEN, CHARLOTTE S.; happy birthday; commend...............................................HR 928
GREEN, DR. CHARLES H.; commend.........................................................................HR 826
GREEN, JEFFREY L.; commend....................................................................................HR 903
GRESHAM, HONORABLE JOHNNY; commend...................................................HR 1167
GRIFFIN, CITY OF Board of commissioners; designate chairman...............................................................HB 2050 Homestead exemption; elderly or disabled......................................................................SB 713 Sesquicentennial of the City of Griffin; commend......................................................HR 1068
GRIFFIN, JAN; commend and invite to House.............................................................HR 629
GRIFFIN JUDICIAL CIRCUIT; judges' supplement.............................................HB 1922
GRIMSLEY, RUDOLPH; commend ..............................................................................HR 992

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3163

GROOVER, HONORABLE DENMARK, JR.; communication.............................Page 136
GUARDIAN AND WARD Guardianship; certain actions by minors; bond requirements......................................SB 207 Juvenile court; director of guardian ad litem; appointment........................................HB 595 Modification or termination; revise provisions ............................................................HB 1391 Settlement on behalf of ward; judge's authorization ..................................................HB 1390 Stepparent; child custody; certain obligations .............................................................HB 1481
GWINNETT COUNTY "A Can Do Week"; designate; Gwinnett Clean and Beautiful....................................HR 970 Board of commissioners; contributions ...........................................................................HB 289 Board of commissioners; create ........................................................................................HB 287 Board of commissioners; funds; itemized account.......................................................HB 1694 Board of Registrations and Elections; appointment .....................................................HB 883 Salute to General Assembly; invite members.................................................................HR 858 Gwinnett County Facilities Authority; repeal Act creating..........................................SB 201 Homestead exemption; elderly or disabled...................................................................HB 1378 Private Sector Survey Committee on Cost Control; creation....................................HR 1049 Public defender; create office ............................................................................................SB 388
GWINNETT JUDICIAL CIRCUIT Addjudge...........................................................................................................................HB 1379 Senior judges; supplements .............................................................................................HB 2038

H

HAGIN, JAMES WELDON; condolences ...................................................................HR 1142
HAGLER, JEANNE MARIE; compensation................................................................HR 645
HALL COUNTY; board of commissioners; expense allowance ................................HB 9 EX
HALL, HAROLD E.; commend......................................................................................HR 1125
HALL, LEON W.; condolences..........................................................................................HR 661
HALLERMAN, PAUL; compensate..................................................................................^ 93
HAMILTON, BOB; commend.........................................................................................HR 1020
HAMPTON, CITY OF; municipal court; jurisdiction.................................................^ 1879
HANCOCK COUNTY; board of commissioners; compensation ...............................HB 1761
HANDICAPPED PERSONS Advisory Committee on Programs for Visually and Hearing Impaired; termination date ..............................................................................................................SB 560 Commercial driver's license; certain school bus drivers; fee exemption................................................................................................................HB 1587 Dual-party telephone relay system; hearing and speech impaired persons...........................................................................................................HB 1585 Dual party telephone relay system; physically impaired persons................................SB 591 Handicapped parking fines; use of funds .....................................................................HB 1116 Hunting licenses; disabled veteran; Florida resident; reciprocity.............................HB 1925 Income tax; retirement income; exemption....................................................................HB 471 Income tax; retirement income; exemption..................................................................HB 1255
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3164

INDEX

HANDICAPPED PERSONS (Continued) Local governments; single-family residences; housing disabled persons..............................................................................................................HB 915 Mental health; electric shock devices; prohibitions.......................................................HB 249 Multifamily dwellings; accessibility.................................................................................HB 648 Multifamily dwellings; accessibility; date........................................................................SB 678 Parking; designation............................................................................................................SB 164 Public facilities; barriers to handicapped; funds for removal - CA............................HR 467 Residential housing; accessibility for disabled and elderly..........................................HR 323 Self-service fuel; cost............................................................................................................HB 12 Self-sufficiency Trust Fund for Mentally Disabled; create .......................................HB 1558 Teachers Retirement; teaching service for handicapped children; credit...............................................................................................................................HB 1091 Transportation service; amend ..........................................................................................SB 567 Voting booth; designation ..................................................................................................SB 178 Voting; seating arrangements ............................................................................................SB 177
HAPEVILLE, CITY OF Officials; election and terms ...........................................................................................HB 1850 Redevelopment law; powers............................................................................................HB 1930
HARALSON COUNTY; commission; multimember board.......................................HB 1916
HARDEN, OREN H. "BUDDY" JR.; commend.......................................................HR 1096
HARDNETT, ONLIE; condolences .................................................................................HR 951
HARDY, JOHN WESLEY; commend............................................................................HR 900
HARRIET TUBMAN DAY; declare March 10, 1990..................................................HR 751
HARRIS, DR. J. JEROME; commend.........................................................................HR 1003
HARRIS, FRANCES M.; compensate ............................................................................HR 719
HARRIS, REVEREND SAMUEL LEON; commend..............................................HR 1184
HARRIS, VYRON; commend ...........................................................................................HR 602
HART COUNTY Commissioners; create new board.....................................................................................SB 356 Sheriffs compensation ........................................................................................................SB 357 Superior court clerk and probate court judge; compensation ......................................SB 359 Tax commissioner's compensation....................................................................................SB 358
HARTWELL, CITY OF; municipal office; repeal certain expiration provisions ...........................................................................................................SB 646
HASTY, HONORABLE WILLIAM G., SR.; commend..........................................HR 1139
HAZARDOUS SUBSTANCES Aboveground storage tanks; diesel fuel; no prohibition ................................................SB 716 Air pollution; permit applications; emission standards; compliance ........................HB 2086 Asbestos Safety Act; termination date.............................................................................SB 620 Biomedical waste; regulation ..........................................................................................HB 2033 Cleaning agents; retail sales; certain prohibitions .........................................................HB 762 Commercial driver's license; hazardous materials; requirement ...............................HB 1330 Comprehensive Solid Waste Management Act; provide.............................................HB 1364 Comprehensive Solid Waste Management Act; provide................................................SB 533 Eminent domain; certain maintenance of condemned property ...............................HB 1050 Employees' Retirement; Hazardous Waste Management Authority; membership .....................................................................................................................HB 769

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3165

HAZARDOUS SUBSTANCES (Continued) Fiduciary; environmental risks; powers.........................................................................HB 1747 Hazardous Materials Safety Act; enact...........................................................................HB 931 Hazardous waste disposal sites; amend provisions......................................................HB 1124 Hazardous waste facilities; design and construction; state policy ............................HB 1474 Hazardous waste facilities; reports ...................................................................................SB 519 Hazardous Waste Management Authority; membership; terms ..................................SB 652 Hazardous Waste Management Authority; reduction study; impact statement ..........................................................................................................HR 1050 Hazardous waste reduction plans; reports ....................................................................HB 1746 Joint Committee on Environmental Protection Services; create................................HR 683 Joint Study Committee on Hazardous Waste Management; create...........................HR 778 Limit liability for persons handling used oil for recycling; urge.................................HR 758 Low phosphorous household laundry detergents; amend provisions...........................SB 696 Oil spills; regulation by Environmental Protection Division .....................................HB 1958 Pollution; lake water quality standard; establish ........................................................HB 1532 Pollution Prevention and Waste Reduction Assistance; provide.................................SB 644 Solid waste disposal; location; notification...................................................................HB 1808 Solid waste disposal; residential areas; distance requirements ...................................HB 988 Solid waste; recycling; urging certain support .............................................................HR 1038 Solid waste; transport from one state to another; urge prohibition...........................HR 721 Taylor County; urge halt to landfill construction .........................................................HR 815 Toxic chemicals in fish levels; single standard; urge adoption....................................HR 720 Water pollution; combined sewer overflow system; permit .......................................HB 1535 Water pollution; combined sewer overflow system; permit..........................................SB 605 Water pollution; combined sewer overflow; treatment plan......................................HB 1533 Water pollution; combined sewer overflow; treatment plan .........................................SB 606 Water pollution; study portion of Chattahoochee River Basin.................................HB 1534 Water Quality Control Act; violation; penalty ................................................................SB 608
HEALTH Abortion; certain funds; prohibit use............................................................................HB 1488 Abortion; certain funds; prohibit use ............................................................................HB 1741 Abortion Complications Reporting Act; create ............................................................HB 1604 Abortions; certain institutions; liability insurance; requirements.............................HB 1602 Access to Health Care Commission; create.......................................................................SR 70 Accident and sickness insurance; diagnostic procedure with head, neck or face coverage ...................................................................................................HB 1469 Accident and sickness insurance; mammograms and pap smears; coverage ...........HB 1427 Acupuncturists; registration; requirements...................................................................HB 1875 Ad valorem tax; certain property of hospital authorities; exemption ........................HB 683 Aerobic wastewater treatment plants; authorize usage.................................................HB 746 AIDS; disclosure of confidential information; certain persons....................................HB 842 AIDS; HIV testing; requirements; exemption..............................................................HB 1789 AIDS; transfer custody of certain persons; disclosure................................................HB 1224 Air Quality Control Act; requirements for permits.......................................................HB 933 Ambulances; medical technicians; number required; certain counties.......................HB 604 Ambulances; motor vehicle insurance; requirements.....................................................SB 307 Anatomical Gift Act; donations; certain recipients; preference ................................HB 1915 Autism Resource Center; support development ............................................................HR 370 Biomedical waste; regulation ..........................................................................................HB 2033 Birth certificate; spontaneous fetal death ......................................................................HB 640 Census data; boards, commissions and bodies; membership; congressional districts ..................................................................................................HB 1854 Certificate of need; conversion of certain hospital facilities......................................HB 1874 Certificate of Need for Traumatic Brain Injury Facilities Study Committee; create ...............................................................................................HR 569 Certificate of need; revocation........................................................................................HB 1939

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3166

INDEX

HEALTH (Continued) Clinical laboratories; certain examinations ordered by chiropractors......................HB 1818 Consent for surgical and medical treatment; adult child for parent..........................HB 715 County boards of health, certain contracts; bids.........................................................HB 1552 County boards of health; treatment of certain patients; standards ...........................HB 974 Crimes; tattooing near the eye; prohibitions................................................................HB 1505 Day-care centers; employee record checks; hearing officer; powers ............................SB 435 Dentures; marked with name or social security number............................................HB 1742 Diagnostic procedures; intraductal injection; informed consent ..................................SB 420 Dietetics Practice Act; enact...........................................................................................HB 1414 Durable power of attorney for health care.....................................................................HB 999 Durable Power of Attorney for Health Care Act; provide............................................SB 688 Emergency Medical Services Grant Fund; create........................................................HB 1259 Emergency Medical Services Loan Fund; create .........................................................HB 1260 Environmental Policy Act; enact......................................................................................HB 949 Family and medical leave policies of employers; committee to study.......................HR 318 Fetus, fetuses and fetal; change Code references ........................................................HB 1872 Fulton-DeKalb Hospital Authority; create committee ...................................................HR 20 Health care; cost of services; review..............................................................................HB 1813 Health Care Personnel Policy Advisory Commission; create ....................................HB 1226 Health Planning Review Board; applications; time for hearing...................................SB 628 Home health agency; certificate of need; certain exemption.....................................HB 1383 Hospices; license requirements .......................................................................................HB 1310 Hospital authorities; powers ..............................................................................................SB 229 Hospital authorities; sale of projects; referendum...........................................................HB 68 Hospital care for pregnant women; amend provisions..................................................HB 597 Hospital Financing Authority; powers .............................................................................SB 468 Hospitals; capital projects; expenditures; definition ...................................................HB 1134 Hospitals; certain counties; establish without certificate of need.............................HB 1437 Hospitals; definitions; amend provisions ......................................................................HB 1434 Hospitals; dialysis machines; certificate of need exemptions......................................HB 300 Hospitals; equipment purchases; certain exemptions ....................................................SB 133 Hospitals; head injured persons; certain exceptions.....................................................HB 771 Hospitals; loans; investment of proceeds - CA..............................................................HR 734 Hospitals; physicians application for privileges; authorization ...................................HB 703 Hospitals; post certain notice in emergency rooms .......................................................HB 580 Hospitals; staff privileges; discrimination; prohibitions ................................................SB 333 Human Resources; certain contracts; amend provisions ............................................HB 1251 Human Resources; rules; grant variances and waivers ...............................................HB 1457 Indemnification; emergency medical technicians; coverage .......................................HB 1630 Indigent Care Trust Fund; provide ...............................................................................HB 1696 Medicaid Prescription Drug Bidding and Rebate Program;.........................................SB 268 Medical Assistance; certain drugs; reimbursement .....................................................HB 1755 Medical Assistance; drug bidding programs and rebates .............................................HB 577 Medical Assistance; payments; recoupment .................................................................HB 1760 Mental health; electric shock devices; prohibitions.......................................................HB 249 Mentally retarded; residential care facilities; admission requirements .................................................................................................HB 331 Nonsewered toilet systems; regulate................................................................................HB 619 Nursing homes; abuse; reporting....................................................................................HB 1865 Nursing homes; certain violations; notification ..............................................................SB 725 Nursing homes; employee records check; licensing .......................................................HB 296
Nursing homes; receiverships; certain violations ...............................................................HB 3
Nursing homes; reporting abuse; certain immunity ....................................................HB 1624
Nursing pools; regulation...................................................................................................HB 751
Occupational disease; disablement claim; time for filing ...........................................HB 1036
Occupational disease; repeal reduction of certain compensation ..............................HB 1052

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3167

HEALTH (Continued) Organ and Tissue Donor Awareness Week; observe; urging........................................HR 935 Organ and Tissue Donor Awareness Week; observe; urge Governor..........................HR 936 Organ and Tissue Donor Awareness Week; observe; urging........................................HR 934 Peace Officers' Annuity and Benefit Fund; membership; Human Resources' employees..........................................................................................SB 28 Pest control; applications; post certain signs .................................................................HB 204 Physicians; certain X-ray services; prohibit charges...................................................HB 1900 Physicians; continuing education programs....................................................................HB 702 Prisons; certain medical records transfer with inmate ..................................................SB 612 Prisons; sanitation and health requirements; standards ............................................HB 1163 Public school instruction; mentally retarded persons.................................................HB 1706 Radiation control; regulation by Human Resources Department...............................HB 947 Radon; licensed day-care facilities; urge awareness of danger ....................................HR 575 Radon Licensing Board; create.........................................................................................HB 170 Radon; local school systems; urge awareness of danger ...............................................HR 576 Records; patients cost for copying .................................................................................HB 1948 Residential care; treatment and rehabilitation services; certain Departments to study ....................................................................................................HR 926 Sanitarians and environmental health specialists; regulation .....................................HB 135 Solid Waste Planning, Recycling and Reduction Act; enact .......................................HB 521 State Boxing and Wrestling Commission; create.........................................................HB 1526 State Health Planning Agency; certain studies and reports; direction......................HR 809 Sterilization upon request; remove certain provisions...................................................SB 552 Tanning facilities; registration..........................................................................................HB 952 Workers' compensation; certain treatment; payment to provider ............................HB 1531
HEALTH INSURANCE Abortion; minor; parents not responsible for health cost ..........................................HB 1603 Access to Health Care Commission; create .......................................................................SR 70 Accident and sickness insurance; certain groups pooled for rating purposes ..........................................................................................................SB 434 Accident and sickness insurance; coverage; mutual agreement.................................HB 1609 Accident and sickness insurance; diagnostic procedure with head, neck or face coverage.........................................................................................HB 1469 Accident and sickness insurance; mammograms and pap smears; coverage ...........HB 1427 Accident and sickness insurance; other insurers; prohibitions ..................................HB 1643 Capital stock or surplus requirements; amend provisions .........................................HB 1128 Child Health Services Act; create ..................................................................................HB 1040 Child Health Services Act; create.....................................................................................SB 124 Corporations; effectuate insurance upon certain employees; authorization ................................................................................................SB 523 Direct payment to provider...............................................................................................HB 311 Employee Benefit Plan; flexible benefits; self-insured plan.........................................SB 417 Georgia Health Insurance Pool; create............................................................................HB 392 Georgia Health Insurance Trust Fund; create ...............................................................HB 955 Georgia Health Insurance Trust Fund; create - CA .....................................................HR 369 Georgia Insurers Insolvency Pool; amend provisions....................................................HB 514 Income tax; accident and sickness insurance for employees; credit .........................HB 1613 Income tax; health coverage for certain employees; credit ........................................HB 1978 Insolvency pool; membership ............................................................................................HB 250 Insurance; experience rating certain groups; prohibitions .........................................HB 1199 Insurance; payment of claim within 30 days; interest ..................................................HB 393 Joint Outpatient Drug Treatment Study Committee; create......................................HR 692 Life and Health Insurance Guaranty Association; insurers; assessments ....................................................................................................................HB 1710 Mammograms and Pap smears; coverage ........................................................................SB 750 Mandated Benefits Review Act; provide ......................................................................HB 1799

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3168

INDEX

HEALTH INSURANCE (Continued) Medical and dental coverage; jurisdiction of Insurance Commissioner .....................HB 674 Medical insurance; athletic event; student coverage...................................................HB 1109 Medicare; supplement insurance; regulations ..............................................................HB 1674 Medicare supplements; review ........................................................................................HB 1817 Motor vehicle insurance; serious injury; redefine ........................................................HB 2006 Plans; sovereign immunity; limited waiver.....................................................................HB 279 Prepaid Limited Health Service Organization Act; provide......................................HB 1678 Public officials and employees; certain itemized statement ......................................HB 1071 Public officials and employees; health insurance; coverage for certain medicine......................................................................................................HB 1072 Residential care; treatment and rehabilitation services; certain Departments to study.......................................................................................HR 926 Retirement systems; future health care; prefunding...................................................HB 1974 Service by certified personnel; reimbursement..............................................................HB 171 State employees; benefits; definition of full-time..........................................................HB 724 Teachers and employees; maximum fees for certain services.......................................SB 447 Teachers and public school employees; flexible benefit plan......................................HB 452 Usual, customary and reasonable charge; definition...................................................HB 1127
HEARD COUNTY; sheriff; compensation....................................................................HB 1841
HEARING AND HEARING AIDS Advisory Committee on Programs for Visually and Hearing Impaired; termination date ..............................................................................................................SB 560 Dual party telephone relay system; hearing and speech impaired persons...........................................................................................................HB 1585 Dual party telephone relay system; physically impaired persons ................................SB 591 Hearing Aid Dealers and Dispensers, State Board of; termination date ...........................................................................................................HB 1433
HENDERSON, DRAKE; commend ................................................................................HR 744
HENRY COUNTY Board of commissioners; chairman's election...............................................................HB 2066 Board of education; elections..........................................................................................HB 1934 Education superintendent; appointment ......................................................................HB 1931 911 telephone systems; fees.............................................................................................HB 1935
HICKORY HILLS ELEMENTARY SCHOOL; 30th Anniversary; commend.....HR 792
HIGHT, GWEN;commend.................................................................................................HR 617
HIGHTOWER, SARA; commend and congratulate......................................................HR 666
HIGHWAYS, BRIDGES AND FERRIES Airports; financial assistance for certain facilities.......................................................HB 1671 Alcoholic beverages; open containers while driving; prohibitions...............................HB 537 All-terrain vehicles; regulation..........................................................................................HB 682 Atlanta; certain contracts; mayoral authorization .........................................................HB 497 Bicycles; racing on state highways; prohibitions .........................................................HB 1191 Bicycles; racing on state highways; prohibitions .........................................................HB 1198 Children under 10 years; prohibit transporting in pickups .......................................HB 1178 Clarence Ridley Highway; designate................................................................................HR 795 Commercial vehicle; registration; reciprocal agreement with other states ....................................................................................................................HB 1622 Criminal traffic offenses; 16 year old tried as an adult..............................................HB 1739 Desmond T. Doss Medal of Honor Highway; designate...............................................HR 731 Dick Hunter Memorial Bridge; designate.......................................................................HR 761 Edna Jo Butler Parkway; designate ................................................................................HR 794

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3169

HIGHWAYS, BRIDGES AND FERRIES (Continued) Eloise Wooldridge Bridge; designate ...............................................................................HR 909 Eminent domain; attorney's fees; award.......................................................................HB 1162 Ernest W. Strickland Bridge and Joe A. Whitherington Bridge; designate...........................................................................................................................SR 461 Ethanol blended motor fuel; Congress urged to exempt excise tax ...........................HR 865 Everett Floyd Dykes Highway; designate.......................................................................HR 848 F. Emory Greene Memorial Bridge; designate...............................................................HR 887 Floy Farr Parkway; designate..............................................................................................SR 36 Grade crossing; protective devices; installation ..............................................................SB 701 Handicapped parking; designation....................................................................................SB 164 Highways; rest areas; law enforcement; jurisdiction ...................................................HB 1435 Highways; weights and load of vehicles; permits...........................................................HB 534 House Motor Vehicle Safety Inspection Study Committee; create ..............................HR 96 House Truck Safety Study Committee; create ..............................................................HR 407 J. R. Reeves Bridge; designate .........................................................................................HR 366 Jennie Weyman Memorial Bridge; designate..................................................................SR 280 Joe A. Whitherington Bridge; designate .........................................................................HR 931 Joe A. Whitherington Bridge; designate.........................................................................HR 959 Julius Cornelius Daugherty Bridge; designate .............................................................HR 1013 Kaolin Parkway; designate portion of growth corridor program .................................SR 281 Length of vehicles; amend provisions.................................................................................SB 53 Limousine services; regulation by Public Service Commission ...................................HB 912 Loads of tobacco or cotton; limits; exceptions.............................................................HB 1669 Luther S. Colbert Memorial Bridge; designate..............................................................HR 582 Luther V. Land Bridge and J. R. Reeves Bridge; designate ........................................SR 362 MARTA; arbitration; amend provisions ..........................................................................SB 112 MARTA; certain purchases; competitive bidding .......................................................HB 1502 MARTA; state appropriations; repeal provisions ........................................................HB 1501 MARTOC; resolution creating; amend provisions providing for repeal ....................HR 735 Mills B. Lane, Jr. Bridge; designate.................................................................................SR 444 Mobile homes; decals; requirements..............................................................................HB 1425 Motor carriers; Public Service Commission personnel; inspection...........................HB 1151 Motor fuel distributor; letter of credit; post in lieu of bond.....................................HB 1386 Motor fuel; remove exemption from sales tax ...............................................................HB 338 Motor fuel tax; cooperative agreements with other states.........................................HB 1612 Motor fuel tax; rate............................................................................................................HB 144 Motor fuel tax; mass transportation facilities; appropriations - CA..........................HR 911 Motor vehicles; amber light on loads of logs................................................................HB 1355 Motor vehicles; automobile carriers; length..................................................................HB 1235 Motor vehicles; certain accidents; remove reporting requirements ..........................HB 1295 Motor vehicles; failure to stop at scene of accident; penalty ....................................HB 1707 Motor vehicles; traffic enforcement; flashing lights......................................................HB 388 Motor Vehicles; weight limitations; federal specifications ...........................................HB 438 Older Georgians Transportation Study Committee; create .........................................HR 634 Parking areas; criminal trespass by motor vehicle; sign.............................................HB 1158 Pickup truck; transport children in rear bed; prohibitions.............................................HB 6 "Plantation Parkway"; General Robert L. Scott Highway; designate .......................HR 812 Public transit operators; drug testing programs..........................................................HB 1801 Rail Passenger Authority; membership; appointment ................................................HB 1775 Rapid rail passenger service; Public Service Commission; jurisdiction ...................HB 1763 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423
Sales tax; sales of aircraft, vehicles and vessels; imposition........................................HB 172
School buses; lights requirements .....................................................................................SB 213
Solid waste; transport from one state to another; urge prohibition ...........................HR 721
Speed detection devices; visibility; distance requirements ..........................................HB 750
State government; women and minorities; participation in contracts .......................HB 103

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3170

INDEX

HIGHWAYS, BRIDGES AND FERRIES (Continued) State patrol; close highways in emergency situations ...................................................HB 329 State-wide mass transit and heavy rail system; feasibility study ...............................HR 322 Torts; certain vehicles; safety equipment .....................................................................HB 1843 Trailers; reflective materials; requirement....................................................................HB 1894 Transportation, Board of; election; Seventh Congressional District...........................Page 25 Transportation, Board of; election; Eighth Congressional District.............................Page 25 Transportation, Board of; election; Honorable James L. Conner ...................Pages 135, 136 Transportation, Board of; election; Honorable Johnny Gresham ...................Pages 133, 134 Transportation, Board of; per diem; amend number of days....................................HB 1417 Transportation, Department of; traffic control devices; installation..........................HB 395 Transportation of houseboats .........................................................................................HB 1960 Transportation service for elderly and handicapped persons; amend.........................SB 567 Trans-South Parkway; designate ......................................................................................SR 419 Trucks; towing certain trailers; speed limits ................................................................HB 1895 Trucks; towing certain vehicles; following too close; requirements ..........................HB 1896 Trucks; towing trailers; stopping on certain highways ...............................................HB 1893 Two way left turn only lane; designate............................................................................SB 547 U. S. 441 Business Historic Route; redesignate; Culver Kidd Highway; designate ..........................................................................................................................HR 592 Vehicles transporting forest products; exceptions.........................................................HB 887 Warren D. Earnest, Sr. Bridge; designate .......................................................................SR 306 William Deverell, Sr. Bridge; designate ...........................................................................SR 307
HILL, ANNA CATHERINE; commend ......................................................................HR 1237
HINESVILLE, CITY OF; council; election .................................................................HB 1829
HIRAM, CITY OF; corporate limits..............................................................................HB 2057
HODGES, GARY; commend..............................................................................................HR 996
HOGAN, MARY SHIELDS; commend..........................................................................HR 876
HOGG, NEWTON J.; commend .......................................................................................HR 906
HOLLAND, EVA LYNN PURSER; commend .........................................................HR 1214
HOLLAND, JOHN C.; commend...................................................................................HR 1216
HOLLAND, JOHN HOWARD; commend ..................................................................HR 1200
HOLLAND, KATIE RUTH; commend........................................................................HR 1243
HOLLAND, MARY; commend.........................................................................................HR 625
HOLLOWAY, STERLING; recognize ............................................................................HR 950
HOLMES, GARY MAYO; commend and recognize.....................................................HR 952
HOLMES, MR. AND MRS. J.C., SR.; 50th Anniversary; commend .....................HR 1150
HOLY ORDER OF MANS, INC.; compensate ..............................................................HR 73
HONORABLE GRACE HAMILTON; presentation of portrait.............................HR 1052
HOSPITALS AND HEALTH CARE FACILITIES Abortion; certain funds; prohibit use............................................................................HB 1488 Abortion; certain funds; prohibit use............................................................................HB 1741 Abortions; certain institutions; liability insurance; requirements.............................HB 1602 Access to Health Care Commission; create .......................................................................SR 70 Accident and sickness insurance; mammograms and pap smears; coverage ...........HB 1427 Ad valorem tax; certain property of hospital authorities; exemption ........................HB 683

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3171

HOSPITALS AND HEALTH CARE FACILITIES (Continued) AIDS; transfer custody of certain persons; disclosure ................................................HB 1224 AIDS; HIV testing; requirements; exemption ..............................................................HB 1789 Anatomical Gift Act; donations; certain recipients; preference ................................HB 1915 Autism Resource Center; support development ............................................................HR 370 Biomedical waste; regulation ..........................................................................................HB 2033 Care for pregnant women; amend provisions.................................................................HB 597 Certificate of need; conversion of certain hospital facilities ......................................HB 1874 Certificate of Need for Traumatic Brain Injury Facilities Study Committee............................................................................................................HR 569 Certificate of need; revocation........................................................................................HB 1939 Child Health Services Act; create ..................................................................................HB 1040 Child Health Services Act; create.....................................................................................SB 124 Civil actions; medical malpractice; tolling of limitations .............................................HB 895 Consent for surgical and medical treatment; adult child for parent..........................HB 715 Cost of services; review....................................................................................................HB 1813 County boards of health; treatment of certain patients; standards ...........................HB 974 Definitions; amend provisions.........................................................................................HB 1434 Diagnostic procedures; intraductal injection; informed consent ..................................SB 420 Dialysis machines; certificate of need exemptions ........................................................HB 300 Durable power of attorney; health care ..........................................................................HB 999 Durable Power of Attorney for Health Care Act; provide ............................................SB 688 Equipment purchases; certain exemptions......................................................................SB 133 Family and medical leave policies of employers; committee to study .......................HR 318 Fulton-DeKalb Hospital Authority; create committee ...................................................HR 20 Georgia Health Insurance Pool; create............................................................................HB 392 Health Care Personnel Policy Advisory Commission; create ....................................HB 1226 Health insurance; direct payment to provider ...............................................................HB 311 Health insurance; maximum fees for certain services ...................................................SB 447 Health insurance; service by certified personnel; reimbursement ..............................HB 171 Health Planning Review Board; applications; time for hearing...................................SB 628 Health records; patients cost for copying .....................................................................HB 1948 Home health agency; certificate of need; certain exemption.....................................HB 1383 Hospices; license requirements.......................................................................................HB 1310 Hospital authorities; powers ..............................................................................................SB 229 Hospital authorities; sale of projects; referendum...........................................................HB 68 Hospital Financing Authority; powers .............................................................................SB 468 Hospitals; capital projects; expenditures; definition...................................................HB 1134 Hospitals; certain counties; establish without certificate of need.............................HB 1437 Hospitals; head injured persons; certain exceptions .....................................................HB 771 Hospitals; loans; investment of proceeds - CA ..............................................................HR 734 Hospitals; staff privileges; discrimination; prohibitions ................................................SB 333 Human Resources; certain contracts; amend provisions ............................................HB 1251 Income tax; health coverage for certain employees; credit ........................................HB 1978 Indigent Care Trust Fund; provide ...............................................................................HB 1696 Lottery; hospital care for indigents and for educational purposes; proceeds - CA ..................................................................................................HR 69 Mandated Benefits Review Act; provide ......................................................................HB 1799 Medical Assistance; certain drugs; reimbursement.....................................................HB 1755 Medical Assistance; payments; recoupment .................................................................HB 1760 Mentally retarded; residential care facilities; admission requirements .................................................................................................HB 331
Nursing homes; certain violations; notification ..............................................................SB 725
Nursing homes; employee records check; licensing .......................................................HB 296
Nursing pools; regulation...................................................................................................HB 751
Physician's application for privileges; authorization.....................................................HB 703
Physicians; continuing education programs....................................................................HB 702

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3172

INDEX

HOSPITALS AND HEALTH CARE FACILITIES (Continued) Physicians; treatment of Medicare and Medicaid patients; requirement................HB 1020 Post certain notice in emergency rooms .........................................................................HB 580 Prepaid Limited Health Service Organization Act; provide......................................HB 1678 Residential care; treatment and rehabilitation services; certain Departments to study.......................................................................................HR 926 State employees; hospitals and correctional facilities; night shift supplements....................................................................................................SB 47 State Health Planning Agency; certain studies and reports; direction......................HR 809 State lottery; disposition of proceeds - CA ......................................................................HR 11 Teachers; transfer employment; Central State Hospital; salary adjustment............................................................................................................HB 917 Workers' compensation; certain treatment; payment to provider ............................HB 1531
HOTELS AND MOTELS General Assembly; certain accommodations; expense allowance ................................HB 877 Innkeepers; deposit; inspection of premises at check out..........................................HB 1079 Tax; counties and municipalities; rate............................................................................HB 770 Tax; nonprofit organizations; financial records ...........................................................HB 1258
HOUSE OF REPRESENTATIVES Bates, Honorable Kermit F., Jr.; oath and election communication.................................................................................................Pages 3024, 3025 Bottoms, Andrea Lee; invite to House............................................................................HR 770 Briarwood Academy Buccaneers Varsity football team; commend and invite to House......................................................................................HR 702 Buckhead; commend community; invite Business Association to House..................HR 767 Burgess, Robert T. Sr.; invite to House............................................................................HR 52 Campaign contributions; expenditures; certain candidates..........................................HB 491 Campbell, Honorable Thomas R., Jr.; oath and election communication.............................................................................................................Page 3029 Clack, Johnny Thomas (Tommy); invite to House .......................................................HR 765 Colbert, Honorable Luther S.; invite family to House .................................................HR 630 Coleman, Honorable Tommy and Walter Deriso; invite to House.............................HR 945 Coleman, Honorable Tommy; invite to House...............................................................HR 914 Cosby, Dr. and Mrs. William H. "Bill" , Jr.; invite to House.....................................HR 264 Darden, Honorable George W. "Buddy"; invite to House...........................................HR 736 Deen, Judge Braswell D., Jr.; invite to House .............................................................HR 1066 Durham, Coach Hugh; invite to House .........................................................................HR 1069 Floyd, Honorable Johnny; oath and election communication .................................Page 3027 Fourth Annual Georgia Peach Festival; invite a representative to House ...........................................................................................................................HR 738 Gainesville Theatre Alliance; invite to House..............................................................HR 1067 General Assembly; automatic adjournment on Fridays................................................HB 876 Georgia Peanut Festival; invite to House.......................................................................HR 978 Georgia Southern College and Eagles football team; commend and invite to House......................................................................................HR 700 Gingrich, Honorable Newt; invite to House...................................................................HR 627 Glanville, Jerry; invite to House ......................................................................................HR 808 Griffin, Jan; invite to House.............................................................................................HR 629 House Strategic Planning Study Committee; create.....................................................HR 371 Howard, Molly Parish; invite to House ..........................................................................HR 649 Jackson, Honorable Maynard Holbrook; invite to House............................................HR 572 Jones County High School Greyhounds baseball team; commend and invite to House......................................................................................HR 705 LeFevre, Eva May; invite to House.................................................................................HR 838 Lieutenant Governor and Speaker, House of Representatives; limit terms - CA..............................................................................................................HR 631

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3173

HOUSE OF REPRESENTATIVES (Continued) Lincoln County High School Red Devils football team; commend and invite to House......................................................................................HR 701 McCants, Keith; invite to House .....................................................................................HR 737 McEachern High School wrestling team; commend and invite to House................................................................................................................HR 891 Mitchell-Baker High School Eagles football team; commend and invite to House......................................................................................HR 579 Mitchell, David; invite to House......................................................................................HR 915 Moore, Honorable James; invite to House .....................................................................HR 766 Moore, Honorable James; resignation..........................................................................Page 3033 National 4-H winners from Georgia; invite to House...................................................HR 628 Notify House; Senate convened........................................................................................SR 277 Notify House; Senate convened in Extraordinary Session........................................SR 2 EX Notify Senate; House convened .......................................................................................HR 560 Notify Senate; House convened in Extraordinary Session .......................................HR 1 EX Page staff; commend........................................................................................................HR 1213 Palms, Dr. John Michael; commend and invite to House ...........................................HR 768 Pointe South Junior High School Technology Student Association; invite to House................................................................................................................HR 979 Pollution; House Natural Resources and Environment Committee to study ...........HR 367 Rainey, Honorable Howard; resignation......................................................................Page 3033 Relative to officials, employees, and committees; amend HR 3.................................HR 648 Robinson, Honorable Lee, Carolyn Crayton, Virginia Elder, Albert P. Barry, and Larry Brown; invite to House.................................................HR 769 Rules of the House; adopt.................................................................................................HR 562 Rules of the House; adopt.............................................................................................HR 3 EX Rules of the House; amend...............................................................................................HR 216 Rules of the House; amend...............................................................................................HR 889 Rules of the House; amend Rule 11....................................................................................HR 9 Rules of the House; amend Rule 12..................................................................................HR 26 Rules of the House; amend Rule 12..................................................................................HR 27 Russell, Erk; commend......................................................................................................HR 699 Shoupe, Christie; Albany Easter Seals Society; invite to House ................................HR 864 Streat, Honorable Van; oath and election communication...........................Pages 3031, 3032 Tattnall Square Academy football team; invite to House ...........................................HR 859 Tattnall Square Academy girls' softball team; invite to House..................................HR 890 Taylor, Major General H. G., 1st Ranger Battalion, Hunter Airfield; commend..........................................................................................................HR 698 Tenth Amendment to United States Constitution; consensus..................................HR 1108 Turner, R. E. "Ted"; invite to House...........................................................................HR 1071 Valdosta High School football team representatives and Coach Hyder; invite to House................................................................................................................HR 780 Whidby, Jerry C.; invite to House...................................................................................HR 913
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of commissioners; chairman's election...............................................................HB 1073 Board of commissioners; election...................................................................................HB 1074 Emergency telephone number 911; create....................................................................HB 1140 Special county sales tax; proceeds.................................................................................HB 2029
HOWARD, MOLLY PARISH; commend and invite to House.................................HR 649
HOWELL, H. WAYNE; commend...................................................................................HR 882
HOWELL, LEROY; commend and recognize.................................................................HR 875
HUBERT, KATHY R. AND BENJAMIN F.; commend........................................HR 1118

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3174

INDEX

HUMAN RESOURCES, DEPARTMENT OF Abortion; certain funds; prohibit use............................................................................HB 1488 Abortion; certain funds; prohibit use............................................................................HB 1741 Abortion Complications Reporting Act; create ............................................................HB 1604 Aerobic wastewater treatment plants; authorize usage.................................................HB 746 Aid to dependent children; school attendance; certain exceptions...........................HB 1802 Ambulance; medical technicians; number required; certain counties ........................HB 604 Certain contracts; amend provisions..............................................................................HB 1251 Child abuse; Protocol Committee; reporting requirements........................................HB 1318 Child welfare agencies; adoption; licensing requirements ..........................................HB 1550 Child welfare agencies; video equipment; installation................................................HB 1507 Child welfare services and services to courts.................................................................HB 390 Children and youth; community innovation zones; designate......................................SB 382 Children and youth; employment training; Human Resources provide...................HB 1484 Children and youth; financial assistance for certain adoptions...................................SB 679 Children and youth; services for disturbed children.....................................................HB 560 County boards of health, certain contracts; bids.........................................................HB 1552 Day Camps; regulation.......................................................................................................HB 231 Day-care centers; employee record checks; hearing officer; powers ............................SB 435 Delinquent child; evaluation..............................................................................................SB 485 Delinquent child; transfer custody ...................................................................................SB 484 Diagnostic procedures; intraductal injection; informed consent ..................................SB 420 Economic Rehabilitation Act; revise provisions..............................................................SB 530 Elderly; volunteer service credit program.....................................................................HB 1867 Emergency Medical Services Grant Fund; create........................................................HB 1259 Emergency Medical Services Loan Fund; create.........................................................HB 1260 Family Preservation and Child Protection Reform Act; provide..............................HB 1877 Family Preservation and Child Protection Reform Act; provide.................................SB 705 Health care; cost of services; review ..............................................................................HB 1813 Home health agency; certificate of need; certain exemption.....................................HB 1383 Homeless; shelter and meals; implement program to provide .....................................SB 208 Hospices; license requirements.......................................................................................HB 1310 Hospitals; definitions; amend provisions ......................................................................HB 1434 Hospitals; head injured persons; certain exceptions .....................................................HB 771 Hospitals; post certain notice in emergency rooms.......................................................HB 580 Indigent Care Trust Fund; provide ...............................................................................HB 1696 Juvenile court; inquire into parents ability to pay certain child support..................................................................................................................HB 1615 Juvenile Justice Coordinating Council; membership; duties .....................................HB 1748 Medicaid program; urge certain action ............................................................................SR 217 Medical Assistance; drug bidding programs and rebates .............................................HB 577 Medical Assistance; payments; recoupment.................................................................HB 1760 Mentally retarded persons; community services; amend provisions...........................HB 894 Mentally retarded persons; residential care facilities; admission requirements.................................................................................................HB 331 Nonprofit agencies; certain contracts with Human Resources; immunity ..............HB 1326 Nursing homes; certain violations; notification ..............................................................SB 725 Nursing homes; employee records check; licensing .......................................................HB 296 Nursing homes; reporting abuse; certain immunity ....................................................HB 1624 Peace Officers' Annuity and Benefit Fund; membership; Human Resources' employees..........................................................................................SB 28
Public school instruction; mentally retarded persons.................................................HB 1706
Radiation control; regulation............................................................................................HB 947
Radon Licensing Board; create.........................................................................................HB 170
Residential care; treatment and rehabilitation services; certain Departments to study ....................................................................................................HR 926
Rules; grant variances and waivers................................................................................HB 1457

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3175

HUMAN RESOURCES, DEPARTMENT OF (Continued) State employees; hospitals and correctional facilities; night shift supplements ....................................................................................................SB 47 State employees; interdepartmental transfers; working test period .........................HB 1094 Supplemental appropriations; FY ending 1990..............................................................HB 253 Tanning facilities; registration..........................................................................................HB 952 Transportation service for elderly and handicapped persons; amend.........................SB 567
HUNKELE, CYNTHIA; commend ...............................................................................HR 1162
HYDER, COACH NICK; Valdosta High School football team; commend...............HR 659

IAKOVOS, ARCHBISHOP; commend ..........................................................................HR 852
INCOME TAX Accident and sickness insurance for employees; credit ..............................................HB 1613 Advance tuition payments; deduction .............................................................................HB 818 Advance tuition payments; deduction .............................................................................HB 232 Amend provisions ...............................................................................................................HB 482 Child care credit .................................................................................................................HB 241 Corporations; allocation of income...................................................................................HB 467 Corporations; certain tax credits......................................................................................HB 532 Credit; child or dependent care..........................................................................................HB 25 Credit for certain homesteads or farms ..........................................................................HB 717 Credit for certain persons..................................................................................................HB 636 Credit for certain persons..................................................................................................HB 710 Exemption; certain widows and widowers; elderly ........................................................HB 133 First-time purchase of home; certain exemptions .........................................................HB 419 Food Sales Income Tax Credit Act of 1989; enact.........................................................HB 714 Health coverage for certain employees; credit .............................................................HB 1978 Income level; food tax credit...........................................................................................HB 1659 Judges of Probate Courts Retirement Fund; amend provisions .................................HB 444 Local peace officers retirement benefits; exemption.....................................................HB 429 Military and civil service retirement; exemption.........................................................HB 1099 Military pay and certain civilian employees; exemption..............................................HB 936 Moderately developed or developed areas; certain counties......................................HB 1961 Pensions; lump-sum exclusions ......................................................................................HB 1833 Public Revenue Code; reference date; Federal tax code ............................................HB 1614 Retirement income; age for exclusion............................................................................HB 1759 Retirement income; exemption.........................................................................................HB 471 Retirement income; exemption.......................................................................................HB 1255 Retirement income; exemption .....................................................................................HB 1 EX Retirement income; exemption .....................................................................................HB 2 EX Retirement income; exemption .....................................................................................HB 5 EX Return form; certain designation; assignment...............................................................HB 792 Savings accounts; interest; exemption...........................................................................HB 1842 Tax relief; elderly - CA......................................................................................................HR 238 Teachers Retirement; benefits; increase .......................................................................HB 1726 Teachers Retirement; one-time exclusion of certain contributions ..........................HB 1711 Timber sales; certain exemption......................................................................................HB 939 Timber sales; credit............................................................................................................HB 940
INDEMNIFICATION Emergency management rescue specialists; indemnification - CA.............................HR 588
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3176

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INDEMNIFICATION (Continued) In the line of duty; definition .........................................................................................HB 1149 Law enforcement officer; line of duty; definition...........................................................SB 444
INDUSTRY AND TRADE, DEPARTMENT OF Georgia Aviation Hall of Fame; membership...............................................................HB 1557 Georgia Industrial Finance Authority; create .................................................................SB 660 Sales tax; certain industrial materials; exemption ........................................................HB 293
INGLE, HONORABLE BUFORD A.; condolences....................................................HR 964
INITIATIVE PETITION; power to enact or reject - CA............................................SR 283
INSECTS Cane toad licking problem; urge study...........................................................................HR 830 Honeybees; certain diseases; powers of Commissioner of Agriculture .....................HB 1367
INSURANCE Accident and sickness insurance; certain groups pooled for rating purposes ..........................................................................................................SB 434 Accident and sickness insurance; coverage; mutual agreement.................................HB 1609 Accident and sickness insurance; diagnostic procedure with head, neck or face coverage...................................................................................................HB 1469 Accident and sickness insurance; mammograms and pap smears; coverage ...........HB 1427 Accident and sickness insurance; other insurers; prohibitions..................................HB 1643 Agents and brokers; license suspension; certain offenses...........................................HB 1169 Agent's certificate of authorization; termination............................................................SB 125 Agent's certificate; prohibit termination based on loss ratio.....................................HB 1780 Campaign contributions; Commissioner of Insurance.....................................................HB 52 Campaign contributions; Insurance Commissioner; prohibitions................................HB 286 Capital stock or surplus requirements; amend provisions .........................................HB 1128 Certain rate filings; include in annual report .................................................................SB 709 Child Health Services Act; create..................................................................................HB 1040 Child Health Services Act; create.....................................................................................SB 124 Children; certain employment; workers' compensation; coverage................................SB 728 Claimant; certain information ...........................................................................................SB 175 Commissioner; appointment - CA....................................................................................HR 712 Commissioner; approval of rate increase...........................................................................SB 35 Continuing care providers; regulation...........................................................................HB 1137 Corporations; effectuate insurance upon certain employees; authorization.....................................................................................................................SB 523 Driving under the influence; second conviction; insurance coverage ...........................HB 37 Driving without proof; penalty.........................................................................................HB 455 Employee Benefit Plan; flexible benefits; self-insured plan.........................................SB 417 Experience rating certain groups; prohibitions............................................................HB 1199 Fair access to insurance requirements; termination date...........................................HB 1195 Federal Crop insurance program; urge continuation ....................................................HR 961 Fetus, fetuses and fetal; change Code references........................................................HB 1872 Fraternal benefit societies; revise provisions................................................................HB 1129 Fraudulent claim on stolen motor vehicles...................................................................HB 1086 Georgia Health Insurance Pool; create............................................................................HB 392 Georgia Health Insurance Trust Fund; create...............................................................HB 955 Georgia Health Insurance Trust Fund; create - CA.....................................................HR 369 Georgia Insurers Insolvency Pool; amend provisions....................................................HB 514 Group self-insurance funds; maintenance of securities deposit ...................................SB 693 Health; cost of services; review.......................................................................................HB 1813 Health; direct payment to provider.................................................................................HB 311 Health; insolvency pool; membership..............................................................................HB 250 Health; mammograms and Pap smears; coverage ..........................................................SB 750

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3177

INSURANCE (Continued) Health; sovereign immunity; limited waiver...................................................................HB 279 Health; usual, customary and reasonable charge; definition .....................................HB 1127 Health; service by certified personnel; reimbursement................................................HB 171 HMO; benefits of Medicare or Medicaid recipients; contract...................................HB 1467 Income tax; accident and sickness insurance for employees; credit .........................HB 1613 Income tax; health coverage for certain employees; credit........................................HB 1978 Industrial life; prohibitions; 65,000 or more population.............................................HB 1912 Insurance and Educational Reinvestment Act for Aid to Families with Dependent Children.................................................................................SB 13 Insurance Consumer Advocate; provide.............................................................................SB 33 Insurance premium finance companies; contract; cancellation .................................HB 1816 Life and Health Insurance Guaranty Association; insurers; assessments....................................................................................................................HB 1710 Life; notification to insured ............................................................................................HB 1219 Loans; insurance requirements; notification...................................................................HB 433 Mandated Benefits Review Act; provide ......................................................................HB 1799 Medical and dental coverage; jurisdiction of Insurance Commissioner .....................HB 674 Medical insurance; athletic event; student coverage...................................................HB 1109 Medicare; supplement insurance; regulations ..............................................................HB 1674 Medicare supplements; review........................................................................................HB 1817 Motor vehicles; accidents; remove reporting requirements........................................HB 1295 Motor Vehicles; assigned risk plan; eligibility .............................................................HB 1196 Motor vehicles; cancellation notice; certain fmes..........................................................HB 255 Motor vehicles; claims; amend time limit.....................................................................HB 1504 Motor vehicles; claims; determine value of vehicle ..........................................................SB 32 Motor vehicles; coverage while operating any vehicle ................................................HB 1510 Motor vehicles; definition of insured...............................................................................HB 177 Motor vehicles; financial responsibility; habitual offender........................................HB 1677 Motor vehicles; financial responsibility; proof.................................................................HB 38 Motor vehicles; premium reduction.................................................................................HB 437 Motor vehicles; premium reduction; defensive driving course.....................................SB 433 Motor vehicles; premium reduction; honor students.....................................................SB 662 Motor vehicles; premium reduction; eligibility ............................................................HB 1229 Motor vehicles; proof; counterfeit document; penalty ...................................................SB 544 Motor vehicles; restricted driving permits...........................................................................SB 7 Motor vehicles; revise Code ..............................................................................................HB 699 Motor vehicles; revise Code ............................................................................................HB 1360 Motor vehicles; serious injury; redefine ........................................................................HB 2006 Motor Vehicles Theft and Insurance Fraud Reporting Immunity Act....................HB 1111 Motor vehicles; total loss claim; provision for settlement..........................................HB 1794 Motor vehicles; uninsured motorist; applicability.........................................................HB 904 Motor vehicles; unknown person causing accident without contact.........................HB 1605 Payment of claim within 30 days; interest.....................................................................HB 393 Prepaid Limited Health Service Organization Act; provide......................................HB 1678 Property and casualty insurance; business by producer which controls insurer..................................................................................................HB 1130 Public officers and employees; liability insurance; immunity...................................HB 1122
Public officials and employees; health insurance; certain itemized statement..........................................................................................HB 1071
Public officials and employees; health insurance; coverage for certain medicine.....................................................................................HB 1072
Rates; prohibitions................................................................................................................HB 23
Real estate brokers; licensing; error and omission insurance; coverage..........................................................................................................................HB 2077
Real estate brokers; licensing; error and omission insurance; coverage ..........................................................................................................................HB 2078

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3178

INDEX

INSURANCE (Continued) Replacement policy; effective date ..................................................................................HB 511 Reports of fraudulent acts; investigation......................................................................HB 1466 Retirement systems; future health care; prefunding...................................................HB 1974 Review of policy changes...................................................................................................HB 235 School buses; self-insurance plans; establish................................................................HB 1806 State employees; benefits; definition of full-time..........................................................HB 724 State officials; election by plurality - CA.........................................................................HR 24 Teachers and public school employees; flexible benefit plan......................................HB 452 Uninsured Motorist coverage; deductible amount.......................................................HB 1752 Workers' compensation; amend provisions......................................................................SB 464 Workers' compensation; assessment for rehabilitation; certain time.........................HB 891 Workers' compensation; certain injury or death; benefits not allowable ..................................................................................................HB 1168 Workers' compensation; certain pharmacy services; requirements.............................HB 686 Workers' compensation; certain treatment; payment to provider ............................HB 1531 Workers' compensation; certain volunteer firefighters; coverage..............................HB 1530 Workers' Compensation; compensation of chairman and members of board.........HB 1210 Workers' compensation; deductibles optional to the policy holder ..........................HB 1753 Workers' compensation; definitions; directors emeritus; appointment ......................HB 989 Workers' compensation; employees' rights; prohibit penalty ......................................HB 777 Workers' compensation; farm laborers; coverage.........................................................HB 1351 Workers' compensation; injured while under influence of drugs; benefits...............................................................................................................HB 1269 Workers' compensation; insurer's refusal to cover certain risk.................................HB 1426 Workers' compensation; recovery against third party tort-feasors.............................HB 319 Workers' compensation; selection of physician; authorization....................................HB 359 Workers' compensation; self-insurers Guaranty Trust Fund; create........................HB 1421 Workers' Compensation; subrogation rights of injured employee ..............................HB 641 Written notification of termination of agent.................................................................HB 759
INTANGIBLES TAX Certain property; change rate...........................................................................................HB 450 Financial institutions exemption of stock.....................................................................HB 1623 Personal property; exemption; referendum ....................................................................HB 213 Returns; filing extension..................................................................................................HB 1381
INTEREST AND USURY Ad valorem tax; interest on late payments.....................................................................HB 776 Credit cards; certain information stated on statement...............................................HB 1090 Credit cards; interest and other charges; revise provisions........................................HB 1406 Credit cards; monthly statement; certain information ...............................................HB 1291 Department of Medical Assistance; interest limitation..............................................HB 1541 Income tax; certain savings accounts; exemption........................................................HB 1842 Industrial loans; rate..........................................................................................................HB 382 Insurance; payment of claim within 30 days..................................................................HB 393 Joint county and municipal sales tax; interest on proceeds......................................HB 1738 Pawnbrokers; property storage; fee..................................................................................HB 860 Real estate; housing trust fund; tax on interest..........................................................HB 1304 Sheriffs; certain deposits; interest bearing accounts...................................................HB 1581
INTERN PROGRAM FOR 1990 GENERAL ASSEMBLY SESSION Commend members..........................................................................................................HR 1204
IRWIN COUNTY Commission chairman; compensate ...............................................................................HB 1921 Deputy sheriffs; compensation ..........................................................................................SB 685
IRWINTON, CITY OF; Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority; create...............................................................................HB 1919

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3179

ISAKSON, HONORABLE JOHNNY Commend ...........................................................................................................................HR 1172 Communication................................................................................................................Page 3061
IVEY, CITY OF; homestead exemption; elderly ..........................................................HB 1401

J
J. JOEL EDWARDS LIBRARY; commend...............................................................HR 1140
J. R. REEVES BRIDGE; designate.................................................................................HR 366
JACKSON, HONORABLE WILLIAM STONEWALL "BILL"; commend ....HR 1211
JACKSON, LUVENIA Commend .............................................................................................................................HR 806 Commend and congratulate ............................................................................................HR 1159
JAILS Accusations; district attorney's authorization.................................................................SB 421 Confinement of inmate; jurisdiction.................................................................................SB 561 Corrections, Department of; transfer of inmates; fees...................................................SB 149 County; room and board; reimbursement fee.................................................................HB 317 County; security areas; post signs..................................................................................HB 1688 Crimes; sexual assault against persons in custody.........................................................SB 626 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Driving under the influence; detention period.............................................................HB 1719 Incarceration; full-time jailer on duty...........................................................................HB 1728 Juveniles; local justice services; funding..........................................................................SB 383 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Pardons and Paroles; attorney's representative appear before Board ........................SB 211 Prisons; certain medical records transfer with inmate..................................................SB 612 Probation; counties contract for certain services.........................................................HB 1455
"JAMES HIGHTOWER AND THE GOSPEL SPECIAL DAY"; proclaim March 25, 1990..................................................................................................................HR 1185
JEFF DAVIS HIGH SCHOOL FOOTBALL TEAM; commend .........................HR 1218
JEFFERSON COUNTY; board of education; election .................................................SB 762
JEFFERSON, CITY OF Ordinances; adoption; amend provisions .........................................................................SB 761 School tax; levy; authorization ..........................................................................................SB 764
JENKINS COUNTY; board of education; compensation..........................................HB 1285
JERSEY, CITY OF; new charter....................................................................................HB 1973
JESSUP, HONORABLE BEN; Doorkeeper; Assistant Doorkeepers; commend....................................................................................................HR 1114
JESSYE COLEMAN COUNCIL OF THE COBB COUNTY PTA Commend...........................................................................................................................HR 1105
JETER, CAROLYN F.; condolences ...............................................................................HR 748
JOHN MILLEDGE ACADEMY GIRLS BASKETBALL TEAM Commend...........................................................................................................................HR 1058
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JOHNSON, REVEREND RAYMOND G.; condolences.........................................HR 1089
JOHNSON, RICHARD STONINGTON-REED "STONEY" III Condolences.........................................................................................................................HR 756
JONES, ALBERT B.; condolences.................................................................................HR 1112
JONES, COACH OLIVER; Albany State College basketball team; commend .....HR 1229
JONES COUNTY HIGH SCHOOL GREYHOUNDS BASEBALL TEAM; commend.....................................................................................HR 705
JONES COUNTY; homestead exemption; elderly.......................................................HB 1402
JONES, DR. T. MARSHALL; commend......................................................................HR 946
JONES, HARRY "SQUAB"; condolences...................................................................HR 1034
JORDAN, CAPTAIN BRUCE; commend ..................................................................HR 1186
JORDAN, DAVID C. JR.; commend..............................................................................HR 823
JUDGES Chatham County; recorder's court; compensation of senior judge ...........................HB 1239 Council of Juvenile Court Judges; duties........................................................................SB 669 Court Officials Retirement System; create.....................................................................HB 756 Courts; hunting certain judges; jurisdiction .................................................................HB 2034 Courts; temporary assignment of judges.......................................................................HB 1969 Death penalty or life imprisonment; judge's discretion................................................HB 282 Disqualifications; certain cases relating to zoning.......................................................HB 1583 Firearms; possession by certain persons ............................................................................SB 20 Flint Judicial Circuit; add judge....................................................................................HB 1242 Georgia Courts Automation Commission; create...........................................................HR 849 Joint Session; Governor's message; invite Justices of the Supreme Court and Judges of the Court of Appeals................................................HR 564 Joint Session; message from Chief Justice of Supreme Court....................................HR 565 Magistrate court; disciplining of magistrates; approval..............................................HB 1565 Municipal courts; judges' training; cost........................................................................HB 1294 Part-time; definition ...........................................................................................................SB 424 Probate courts; filling vacancy ..........................................................................................SB 449 Probate courts; training requirements; repeal certain provisions................................SB 445 Probate courts; contempt; penalty....................................................................................SB 472 Probate Court Judges Retirement Fund; amend provisions........................................HB 444 Probation; maximum amount of fine; increase...............................................................SB 454 Special license plates; Supreme Court Justices and Court of Appeals Judges..............................................................................................HB 1665 State courts; residency requirements...............................................................................HB 192 State courts; retired judges; compensation.......................................................................HB 10 State Election Board; certain rights; amend provisions.............................................HB 1591 Superior Court Judges Retirement; Trial Judges and Solicitors Retirement; membership.................................................................................SB 79 Superior Courts; election.................................................................................................HB 1432 Superior courts; election, residency requirements - CA...............................................HR 641 Superior courts; judge serve while member of Retirement System............................HB 570 Superior Courts; retirement; certain creditable service................................................HB 441 Superior Courts; retirement; mandatory age................................................................HB 1632 Superior courts; secretaries; salary...................................................................................HB 141 Superior courts; service by senior judges; amend provisions.......................................HB 676 Superior courts; terms; election - CA..............................................................................HR 640 Supreme Court and Court of Appeals; justices and judges; mandatory retirement..................................................................................................HB 1633

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3181

JUDGES (Continued) Temporary assignments; Atlanta and Ocmulgee Circuits; add judge.......................HB 1523 Trial Judges and Solicitor's Retirement; average annual compensation ......................SB 71 Trial Judges and Solicitor's Retirement; mandatory age...........................................HB 1635
JUDGMENTS Appeals; judgments; $10,000 or less; amend provisions..............................................HB 1498 Bonds; judgment of forfeitures null and void; certain cases......................................HB 1350 Certain motions; appealability..........................................................................................HB 589 Civil actions; dismissal or parties not prevailing; certain costs.................................HB 1450 Default judgment; introduction of certain evidence; amend requirements.....................................................................................................................SB 418 Gambling; seizure; default judgment; amend provisions............................................HB 1154 Interrogatories; additional information.........................................................................HB 1397
JUDICIAL CIRCUITS Atlanta; add judge............................................................................................................HB 1305 Atlanta; add two judges...................................................................................................HB 1306 Atlanta and Ocmulgee Circuits; add judge; temporary assignments........................HB 1523 Atlanta; chief judge..........................................................................................................HB 1514 Augusta; add judge ...........................................................................................................HB 1574 Augusta; probation officials; supplement......................................................................HB 1956 Blue Ridge; judges; supplement........................................................................................SB 406 Brunswick; add judge.......................................................................................................HB 2085 Cobb; add judge ...................................................................................................................SB 715 Cobb; amend provisions...................................................................................................HB 1920 Cobb; judges; supplement...................................................................................................SB 742 Coweta; add judge;............................................................................................................HB 1819 Coweta; add judge.............................................................................................................HB 1946 Dougherty; judges; supplement ......................................................................................HB 2044 Eastern; district attorney; supplement..........................................................................HB 2040 Flint; add judge.................................................................................................................HB 1951 Flint; add judge.................................................................................................................HB 1242 Griffin; judges; supplement.............................................................................................HB 1922 Gwinnett; add judge.........................................................................................................HB 1379 Gwinnett; senior judges; supplements...........................................................................HB 2038 Lookout Mountain; add judge...........................................................................................SB 132 Northeastern; district attorney's supplement..............................................................SB 2 EX Northeastern; judges; supplement.....................................................................................SB 405 Northeastern; judges; supplement.................................................................................SB 3 EX Ocmulgee; add judge...........................................................................................................SB 548 Ocmulgee; judges; supplement...........................................................................................SB 731 South Georgia; add judge ................................................................................................HB 1217 Southern; add judge ...........................................................................................................HB 298 Stone Mountain; add judge.............................................................................................HB 1509 Stone Mountain; add judge................................................................................................SB 577 Western; judges; supplementary compensation ...........................................................HB 1283
JURIES Child support award; jury not required to specify reason for deviation......................................................................................................HB 1165 Grand juries; selection; jurisdiction - CA........................................................................HR 710 Juror summonses; time limit for notification.................................................................HB 127 Jurors; change method for composing jury lists............................................................HB 591 Magistrate Court; civil action; jury trial; transfer to another court .................................................................................................................HB 1166 Magistrate court; civil practice; waiver of jury trial ...................................................HB 1164 Special investigative grand juries; drug trafficking; jurisdiction - CA...............................................................................................................HR 36

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INDEX

JURIES (Continued) Special investigative grand juries; drug trafficking; jurisdiction - CA..............................................................................................................SR 285 Statewide grand juries; create - CA....................................................................................SR 58 Trial; first peremptory challenge ...................................................................................HB 1331 Trial; prosecuting attorney peremptory challenges.....................................................HB 1332 Trials; time for filing........................................................................................................HB 1743
JUVENILE PROCEEDINGS Children and youth; community innovation zones; designate......................................SB 382 Children and youth investment fund; traffic fines ........................................................SB 353 Council of Juvenile Court Judges; duties ........................................................................SB 669 Court; designate referee as juvenile magistrate.............................................................HB 222 Court; director of guardian ad litem; appointment.......................................................HB 595 Death penalty; prohibit for person under 18 years.........................................................HB 81 Designated felony act; definition....................................................................................HB 1243 Driver's license; delay issuance to certain minors.........................................................HB 666 Driver's license; suspension for juveniles; certain acts....................................................SB 68 Drug trafficking; felony......................................................................................................HB 355 Education; school social workers; employment..............................................................HB 657 Employees' Retirement; certain judicial membership ..................................................HB 436 Georgia Children and Youth Overview Committee; create..........................................HB 958 Georgia Children and Youth Overview Committee; create...........................................SB 355 Jurisdiction over certain children ..................................................................................HB 1276 Juvenile courts; parents ability to pay certain child support....................................HB 1615 Juvenile courts; supervision fees; certain services .......................................................HB 1617 Juvenile intake workers and probation officers; state subsidies..................................SB 227 Juvenile Justice Coordinating Council; membership; duties.....................................HB 1748 Juveniles; local justice services; funding..........................................................................SB 383 Removal of child from home...........................................................................................HB 1320 Superior court clerk; serve as juvenile court clerk ........................................................HB 598 Youth development center; offense committed while confined; transfer ...................SB 638 Youthful offenders; place of detention; change facilities ...........................................HB 1616

K

KATZ, COLONEL EDWARD R.; commend ................................................................HR 774 KAUFMANN, ALICE; commend ..................................................................................HR 1132 KELLY, CLAUDE JACKSON; condolences................................................................HR 803 KENNEDY, OFFICER C.; commend ...........................................................................HR 1075 KENNESAW, CITY OF
Corporate limits ................................................................................................................HB 1903 Mayor and councilmen; election.....................................................................................HB 1302 KENNESAW STATE COLLEGE; 25th Anniversary; commend..............................HR 789 KERCE, HOWARD PRENTICE; posthumously; commend....................................HR 1165 KERCE, KATIE DAVIS; commend .............................................................................HR 1164 KEY, TED; commend ........................................................................................................HR 1156 KEYSVILLE, CITY OF; new charter..............................................................................SB 392
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3183

KHAWAJA, MODASSIR S.; commend.........................................................................HR 901 KICKLIGHTER, MR. AND MRS. R. M.; 50th Anniversary; commend..............HR 1148 "KIDS HELPING KIDS" PROJECT; Millen Baptist Church; commend.............HR 771 KING, REVEREND DR. BARBARA; commend .....................................................HR 1121 KINGSLAND LABOR DAY CATFISH FESTIVAL; recognize.........................HR 1224 KINGSTON, CITY OF; new charter.............................................................................HB 1524 KINGSTON, HONORABLE JACK; communication .............................................Page 2344 KINNEY, LIEUTENANT COLONEL ARTHUR MCCLURE "BUD"
Commend .............................................................................................................................HR 943 KISTLER, ROSEMARY; commend .............................................................................HR 1136 KLEN, JAN F.; commend ..................................................................................................HR 971 KNIGHT, WILLIAM R., JR.; commend .....................................................................HR 1215 KUGLAR, EVERETT C., M.D.; commend ...................................................................HR 919 KUTCHEY, ROBERT MARSHALL, SR.; compensate............................................HR 160

LABOR AND INDUSTRIAL RELATIONS Boilers and pressure vessels; certain exceptions; provisions......................................HB 1686 Carnival Ride Safety Act; regulation................................................................................SB 570 Children and youth; employment training; Human Resources provide...................HB 1484 Children; certain employment; workers' compensation; coverage................................SB 728 Commissioner of Labor; appointment - CA...................................................................HR 713 Courts; contempt powers; applicability to employment requirements.....................HB 1274 Employment; equal opportunity ....................................................................................HB 1511 Employment Security; commercial fishing vessel; certain wages of crew.................................................................................................................HB 1370 Employment Security; drug abuse; disqualification of benefits................................HB 1416 Employment security; full-time cafeteria workers.........................................................HB 385 Employment Security; include Georgia Federal-State Shipping Point Inspection Service employees .......................................................................................HB 540 Fair Employment Practices Act; Employment Security; certain fishing boats........................................................................................................SB 232 Family and medical leave policies of employers; committee to study .......................HR 318 Federal government; unemployment programs; funding..............................................HR 589 Federal government; unemployment programs; funding...............................................SR 315 Georgia Employer Drug Testing Act; provide..............................................................HB 1866 House Quality of Work Life Study Committee; create ................................................HR 352 Industrial loans; interest rate ...........................................................................................HB 382 Joint Task Force on Revising Employment Security Law; create..............................HR 590 Joint Task Force on Revising Employment Security Law; create...............................SR 314 Joint Workers' Compensation Study Committee; create.............................................HR 810 Occupational disease; disablement claim; time for filing ...........................................HB 1036 Occupational disease; repeal reduction of certain compensation..............................HB 1052 Public Employees Relations Commission; create ..........................................................HB 862
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3184

INDEX

LABOR AND INDUSTRIAL RELATIONS (Continued) State contracts; drug-free workplace for employees..........................................................HB 9 State employees; overtime pay in lieu of compensatory time ........................................SB 46 State officials; election by plurality - CA .........................................................................HR 24 Workers' compensation; amend provisions......................................................................SB 464 Workers' compensation; assessment for rehabilitation; certain time .........................HB 891 Workers' compensation; certain injury or death; benefits not allowable..................................................................................................................HB 1168 Workers' compensation; certain pharmacy services; requirements.............................HB 686 Workers' compensation; certain treatment; payment to provider ............................HB 1531 Workers' compensation; certain volunteer firefighters; coverage..............................HB 1530 Workers' Compensation; compensation of chairman and members of board.........HB 1210 Workers' compensation; deductibles optional to the policy holder..........................HB 1753 Workers' compensation; definitions; directors emeritus; appointment......................HB 989 Workers' compensation; employees' rights; prohibit penalty......................................HB 777 Workers' compensation; farm laborers; coverage.........................................................HB 1351 Workers' compensation; injured while under influence of drugs; benefits ..........................................................................................................HB 1269 Workers' compensation; insurer's refusal to cover certain risk.................................HB 1426 Workers' compensation; recovery against third party tort-feasors.............................HB 319 Workers' compensation; selection of physician; authorization ....................................HB 359 Workers' compensation; self-insurers Guaranty Trust Fund; create........................HB 1421 Workers' Compensation; subrogation rights of injured employee ..............................HB 641
LAGRANGE, CITY OF Municipal court; establish ...............................................................................................HB 1343 Municipal funds; expenditure .........................................................................................HB 1341
LAKEVIEW-FORT OGLETHORPE LADY WARRIORS BASKETBALL TEAM; commend ............................................................................HR 1113
LAMAR COUNTY Chief magistrate; selection ..............................................................................................HB 1788 Enhanced emergency 911 system; create ......................................................................HB 1897
LAND (See Property)
LANDERS, REVEREND JOSEPH ALFRED; condolences...................................HR 793
LANDLORD AND TENANT Motor vehicle registration; landlord's notification; requirement ..............................HB 1472 Property; tenant set aside dispossessory default ...........................................................HB 712 Residential leases for military personnel ......................................................................HB 1152
LANDSCAPE ARCHITECTURE; nurserymen and landscapers; agriculture priority during water shortages ........................................................................................HR 388
LANGFORD, HOWARD E., SR.; commend.................................................................HR 899
LANGLEY, REVEREND JAMES A.; commend........................................................HR 988
LATTANZI, ATOS DANTE CIRO "JOE"; commend ..............................................HR 844
LAURENS COUNTY; tax commissioner; compensation...........................................HB 1805
LAW ENFORCEMENT OFFICERS AND AGENCIES Abandoned motor vehicle; towing; furnish information ................................................SB 450 AIDS; transfer custody of certain persons; disclosure................................................HB 1224 Bias Crimes and Antiterrorism Task Force; establish................................................HB 1596 Conservation rangers; law enforcement; assistance; authorization ...........................HB 1373 Correctional Officers Don Pendavis and Ferrell Peagler; commend ........................HR 1077

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3185

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Crime Information Center; availability of information ..............................................HB 1204 Crimes; destroying police horse; penalty.........................................................................HB 425 Criminal or traffic offenses; additional penalty; law enforcement salary supplement - CA..........................................................................HR 567 Derelict motor vehicle; abandonment; disposition .........................................................SB 451 Driver's license; abstract; furnish to certain agencies.................................................HB 1797 Firearms; peace officers; possession; amend provisions................................................HB 593 Fleeing or eluding peace officer; penalty......................................................................HB 1924 Funeral processions; officers; liability...........................................................................HB 1246 Georgia Bureau of Investigation; local criminal investigations; participation..................................................................................................................HB 1142 Handgun Roster Board; create.........................................................................................HB 189 Hans Kurt Mueller Security Center of Armstrong State; urge designation.....................................................................................................................HR 1064 Highways; rest areas; law enforcement; jurisdiction ...................................................HB 1435 Housing authorities; security personnel; employment ................................................HB 1564 Indemnification; emergency medical technicians; coverage .......................................HB 1630 Indemnification; line of duty; definition.......................................................................HB 1149 Indemnification; line of duty; definition..........................................................................SB 444 Injured in line of duty; compensate..................................................................................SB 389 Insurance; fraudulent claim on stolen motor vehicles................................................HB 1086 Joint Study Committee on Jail Financing in Georgia; create.....................................HR 862 Law Enforcement Officers' Salary Supplement Act; enact........................................HB 1147 Missing persons; juveniles; exchange of certain information.....................................HB 1085 Motor vehicle insurance; cancellation notice; certain fines..........................................HB 255 Motor vehicles; fleeing or attempting to elude officer; penalty ...................................SB 642 Motor vehicles; theft prevention program; establish .....................................................SB 655 Motor vehicles; traffic enforcement; flashing lights......................................................HB 388 Mutual Aid Act; cooperation between local law enforcement and the University System.............................................................................................SB 580 Peace Officer Standards and Training; certificate; denial after certain pardon; prohibition...........................................................................................HB 188 Peace Officers' Annuity and Benefit Fund; benefit changes if spouse dies...................................................................................................................HB 115 Peace officers' Annuity and Benefit Fund; benefit provisions......................................HB 44 Peace Officers' Annuity and Benefit Fund; membership; Human Resources' employees..........................................................................................SB 28 Peace Officers' Annuity and Benefit Fund; narcotics agents; eligibility ..........................................................................................................................HB 706 Peace officers; employment and training; Public Safety Training Center.............................................................................................................HB 1864 Peace officers; training expenses; certain reimbursement..........................................HB 1093 Police Academy; dogs and handlers; training ..............................................................HB 1201 Police chief emeritus; create honorary office ..................................................................SB 242 Police officers; offense of eluding; penalty ......................................................................SB 196 Public Safety Department; reimbursement for certain services of state patrol.......................................................-..........................................................HB 698 Public Service Commission; transportation law enforcement officers .....................HB 1913 Retirement systems of local law enforcement officers; urge improvement....................................................................................................................HR 782 Search warrants; issuance; requirements .........................................................................SB 641
Sexual offenses; certain convictions; register with sheriff..........................................HB 1496
Special and high-risk occupation .....................................................................................HB 726
Special and high-risk occupation.....................................................................................HB 728
Special license plates; sheriffs; certain vehicles...........................................................HB 1798
Speed detection devices; visibility; distance requirements ..........................................HB 750

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LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) State medical examiner; provide office; coroners; requirements...............................HB 1323 State patrol; automobile racing events; services............................................................HB 308 State patrol; certain personnel retire after 25 years service........................................HB 541 State patrol; close highways in emergency situations ...................................................HB 329 State patrol; mandatory retirement; waiver ...................................................................HB 527 State patrol; qualifications.................................................................................................SB 262 Students; suspension; notify law enforcement ...............................................................HB 667 Training requirements; certain exemptions....................................................................HB 844 Wiretapping; certain devices; exceptions .........................................................................SB 419 Witness fees.........................................................................................................................HB 260
LAW RELATED EDUCATION WEEK IN GEORGIA Proclaim first week in May.............................................................................................HR 1093
LAWHORNE, THOMAS WALTER, SR.; commend ...............................................HR 1059
LAWRENCEVILLE, CITY OF; mayor and council members; terms ....................HB 1998
LAWRENCEVILLE MIDDLE SCHOOL; commend................................................HR 969
LAZENBY, SHANE; commend ........................................................................................HR 843
LEE COUNTY Board of elections; create ................................................................................................HB 2058 Sheriffs; deputies' employment ......................................................................................HB 1992
LEE, HONORABLE BILL; recognize and commend................................................HR 1209
LEE, SHERIFF EARL DANIEL; commend................................................................HR 651
LEFEVRE, EVA MAE; commend ...................................................................................HR 840
LEGISLATIVE COUNSEL Communications.................................................................................Pages 26, 27, 132, 133, 135 Editorial Staff; commend ..................................................................................................HR 995
LEMACKS, SHERIFF D. G. "BILL"; commend........................................................HR 833
LERAS, ALEXIS; commend ...........................................................................................HR 1032
LESTER, ANNIE LOU; commend................................................................................HR 1216
LEWIS, MELANIE; commend .......................................................................................HR 1041
LIABILITY INSURANCE Abortions; certain institutions; requirements...............................................................HB 1602 Child support; limitation on action .................................................................................HB 563 Civil actions; medical malpractice; tolling of limitations .............................................HB 895 Claimant; certain information ...........................................................................................SB 175 Elderly; volunteer service credit program.....................................................................HB 1867 Funeral processions; law enforcement officers; immunity of liability ......................HB 1246 Georgia Insurers Insolvency Pool; amend provisions....................................................HB 514 Guardianship; certain actions by minors; bond requirements......................................SB 207 Limit liability for persons handling used oil for recycling; urge.................................HR 758 Medical malpractice; Governor's Commission on Obstetrics........................................SB 553 Medical malpractice; mandatory arbitration; for certain claims...............................HB 1011 Natural Resources Department; sovereign immunity; waiver ...................................HB 2007 Nonprofit agencies; certain contracts with Human Resources; immunity ..............HB 1326 Nursing homes; reporting abuse; certain immunity ....................................................HB 1624 Preservation of Private Enterprise Act; enact ................................................................SB 243 Public officers and employees; certain suits; liability - CA.........................................HR 777

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3187

LIABILITY INSURANCE (Continued) Torts; certain liability; employer's failure to check employee record ............................................................................................................HB 1693 Torts; collateral source; subrogation..............................................................................HB 1451 Torts; liability of clergy; exception ................................................................................HB 1153
LIBERTY COUNTY Convey property..................................................................................................................HR 834 Convey property ..................................................................................................................SR 443 Enhanced emergency 911 system; maintenance fees....................................................HB 1828
LIBRARIES J. Joel Edwards Public Library, Pike County Library Board, Betty McDonnell and Pat Robertson; commend.....................................................HR 1140 Mitchell County; magistrate court; fees for law library .............................................HB 1636 Postsecondary Vocational Education Laboratory Equipment and Library Research Needs Study Committee...............................................................................HR 570
LICENSE PLATES AND REGISTRATION Clark Atlanta University; special license plates ............................................................HB 117 Commercial vehicle; registration; reciprocal agreement with other states ....................................................................................................................HB 1622 Disabled veterans; design ...................................................................................................SB 637 Firefighters; certain fee exemption ................................................................................HB 1222 Firefighters; special license plates....................................................................................HB 544 Military; certain colors.......................................................................................................HB 765 Military; certain colors........................................................................................................SB 308 Mopeds; limited driving permits ......................................................................................HB 632 Motor vehicle license plates; free for certain veterans.................................................HB 572 Motor vehicle registration; temporary grace period......................................................HB 126 Motor Vehicle registration; time limitation....................................................................HB 732 Motor vehicles; financial responsibility; nonresidents ................................................HB 1452 Motor vehicles; nonresidents; time for registration.......................................................HB 785 Motor vehicles; tax returns; date .....................................................................................HB 694 Motorized carts; fee..........................................................................................................HB 1562 Registration; landlord's notification; requirement.......................................................HB 1472 Special license plates; certain veterans .........................................................................HB 1589 Special license plates; colleges or universities.................................................................SB 342 Special license plates; Pearl Harbor veterans ..............................................................HB 1554 Special license plates; retired General Assembly members .........................................HB 384 Special license plates; Supreme Court Justices and Court of Appeals Judges..............................................................................................HB 1665 Special license plates; veterans awarded Purple Hearts.............................................HB 1232 Tennessee National Guard; special tags .........................................................................HB 644 Whitfield County; staggered registration.........................................................................SB 483 Whitfield County; staggered registration .........................................................................SB 752
LICENSES (Also, see Named License) Acupuncturists; registration; requirements...................................................................HB 1875 Air contaminants; construction of certain facilities; permit ........................................HB 700 Alcoholic Beverages; distance requirements...................................................................HB 168 Alcoholic beverages; purchase from licensed dealer ....................................................HB 1303 Animal Protection Act; amend .......................................................................................HB 1366 Architecture; amend provisions.........................................................................................SB 230 Billiard rooms; regulation...................................................................................................SB 291 Bingo; fingerprints or photo; licensing requirements.....................................................SB 566 Business and occupation tax; failure to pay; prosecution ..........................................HB 1608 Business and occupation tax; Professional Counselors, Social Workers, Marriage and Family Therapists; exemption ..........................................HB 1490

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3188

INDEX

LICENSES (Also, see Named License) (Continued) Business; suspension; violation of Controlled Substances Act..................................HB 1161 Carnival Ride Safety Act; regulation................................................................................SB 570 Cashers of checks; licensing ............................................................................................HB 1208 Child welfare agencies; adoption; licensing requirements..........................................HB 1550 City and business improvement district; license fees and occupational tax; surcharge.................................................................................HB 1601 Commercial Driver's License Act; nonprofit organization vehicle; definition ............................................................................................................SB 585 Commercial Driver's License Act; school bus; definition ..............................................SB 584 Commercial driver's license; hazardous materials; requirement ...............................HB 1330 Commercial fishing; license for trawlers .......................................................................HB 1657 Conditioned air contractor; license requirements........................................................HB 1556 Contractors; licensing examination; requirements.........................................................HB 435 Controlled substances convictions; examining board licenses; sanctions.........................................................................................................................HB 1266 Controlled substances; licensing sanction; certain occupation .....................................SB 503 Counselors, Social Workers, Marriage and Family Therapists; supervisors .......................................................................................................................HB 635 Counties; occupational tax and license fees; amend provisions ................................HB 1599 Dental hygienists; licensing requirements.......................................................................HB 200 Dental hygienists; licensure...............................................................................................HB 953 Dietetics Practice Act; enact...........................................................................................HB 1414 Dogs and cats; euthanasia by animal shelters................................................................HB 671 Driver's license; delay issuance to certain minors .........................................................HB 666 Driver's license; delay issuance to persons under 16 years ......................................................b convicted of driving under the influence ..................................................................HB 1185 Driver's license; persons 16 to 18 years; requirements ..................................................SB 470 Driver's license; persons under 18 years; disqualification.............................................SB 507 Driver's license; persons holding Class 1 permits; certain restrictions .......................................................................................................................HB 402 Driver's license; suspension; certain acts...........................................................................SB 68 Driver's license; suspension; defensive driving course; requirement ..........................HB 916 Driver's license; suspension; failure to assist in accidents ............................................SB 195 Driver's license; suspension; notify Public Safety Department....................................SB 248 Driver's license; suspension; person under 18 years; withdrawal from school................................................................................................HB 1190 Driver's license; suspension; person under 18 years; withdrawal from school................................................................................................HB 1270 Financial institutions; mortgage bankers and brokers................................................HB 1104 Fire extinguishers; regulations..........................................................................................HB 313 Firearms; license fees.......................................................................................................HB 1445 Firearms; license to carry; illegal drug conviction; eligibility .......................................SB 512 Funeral directors and embalmers; revise Code............................................................HB 1790 Georgia Registered Professional Nurse Practice Act; enact ......................................HB 1250 Hazardous waste facilities; reports ...................................................................................SB 519 Hearing Aid Dealers, State Board of; termination date.............................................HB 1433 Hospices; license requirements .......................................................................................HB 1310 House Driver's Licensing Study Committee; create......................................................HR 243 Hunter safety certificate; examination.............................................................................SB 422 Hunting licenses; disabled veteran; Florida resident; reciprocity .............................HB 1925 Insurance agents and brokers; license suspension; certain offenses.........................HB 1169
Licensed practical nurses; license requirements ..........................................................HB 1563
Liquified petroleum gas; license or permit; one-time fee...........................................HB 1644
Manufactured and mobile homes; installation; regulation.........................................HB 1709
Marriage and Family Therapists; supervisor; qualifications ........................................SB 698
Marriage license; fees for family violence shelters ........................................................HB 196

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3189

LICENSES (Also, see Named License) (Continued) Master barber; defmition.................................................................................................HB 1536 Mortgage bankers and brokers.........................................................................................HB 500 Mortgage bankers and brokers .......................................................................................HB 1023 Municipalities; occupational tax and license fees; amend provisions.......................HB 1600 Natural Resources Department; certain income and expenditures; reporting requirements ..................................................................................................HR 930 Nursing homes; employee records check.........................................................................HB 296 Pesticides; aerial contractor..............................................................................................HB 552 Pesticides; requirements of applicators.........................................................................HB 1826 Physical therapists; authority of Board........................................................................HB 1324 Professional Counselors, Social Workers, Marriage and Family Therapists............................................................................................................SB 668 Professional engineer certificates; fees; exemption for elderly ..................................HB 1429 Real Estate Appraiser License and Certification Act; enact.....................................HB 1287 Real estate appraisers.........................................................................................................SB 250 Real estate brokers; error and omission insurance; coverage....................................HB 2077 Real estate brokers; error and omission insurance; coverage ....................................HB 2078 Real estate; salespersons reinstatement requirement.................................................HB 1679 Salt-water fishing; license fees...........................................................................................SB 741 Selling or issuing checks; license exemption ................................................................HB 1240 Solid waste disposal; permit provisions ...........................................................................SB 478 State Board of Physical Therapy; authorization .........................................................HB 1698 State Board of Recreation Examiners; termination date...........................................HB 1408 State Properties Commission; revocable license; granting............................................SB 680 Structural pest control; certain records; inspection ....................................................HB 1770 Suspension; notice by certified mail..................................................................................HB 20 Talent agencies; regulation..............................................................................................HB 1977 Tanning facilities; registration..........................................................................................HB 952 Tax and license fees; payment; amend provisions.......................................................HB 1621 Taxidermists; record requirements................................................................................HB 1629 Taxidermy Examiners, State Board of; create...............................................................HB 453 Tobacco products; regulate sales......................................................................................HB 462 Utility, industrial, yard and garden equipment; regulate distributors.....................................................................................................................HB 1941 Warehousemen; license requirements...............................................................................SB 691 Wells; drilling under direction of geologists; contractor's license .............................HB 1785 Wholesale fish dealers; fees for nonresidents.................................................................HB 672
LIENS Abandoned motor vehicles; filing fee ...............................................................................SB 328 Deeds and mortgages; recording; name and address requirement............................HB 1685 Income tax; first-time purchase of home; certain exemptions ....................................HB 419 Land Sales Act; amend provisions .................................................................................HB 1333 Mechanics' and materialmen's lien; claim; notify property owner .............................HB 533 Mechanics' and materialmen's lien; waiver..................................................................HB 1515 Mortgage bankers and brokers; licensing........................................................................HB 500 Mortgage bankers and brokers; licensing......................................................................HB 1023 Mortgage bankers and brokers; licensing......................................................................HB 1104 Mortgages; additional persons who may execute cancellation .....................................SB 564 Mortgages; closing services; predetermined fee schedule ...........................................HB 1136 Mortgages; Electric Membership Corporations may encumber after-acquired property................................................................................................HB 1282 Property; escrow accounts; loan proceeds; disbursement...........................................HB 1597 Real estate rentals; provide.............................................................................................HB 1899
LIEUTENANT GOVERNOR Abolish office - CA.............................................................................................................HR 100

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LIEUTENANT GOVERNOR (Continued) Communications................................................................................................Pages 25, 133, 135 Lieutenant Governor and Speaker, House of Representatives; limit terms - CA..............................................................................................................HR 631 One six-year term - CA......................................................................................................HR 372 Qualifications for election; certain prohibitions...........................................................HB 1101
LIFE INSURANCE Industrial life insurance; prohibitions; municipalities of 65,000 or more population .......................................................................................................HB 1912 Life and Health Insurance Guaranty Association; insurers; assessments....................................................................................................................HB 1710 Notification to insured.....................................................................................................HB 1219 Payment of claim within 30 days; interest.....................................................................HB 393
LILBURN, CITY OF Corporate limits................................................................................................................HB 1851 Homestead exemption......................................................................................................HB 1928
LINCOLN COUNTY HIGH SCHOOL; Red Devils football team; commend.......HR 701
LINDER, HONORABLE JOHN; commend...............................................................HR 1116
LIVESTOCK; control of disease; enforcement ................................................................SB 517
LOANS Credit cards; certain information stated on statement...............................................HB 1090 Credit cards; fees for cash advances................................................................................HB 978 Credit cards; interest and other charges; revise provisions........................................HB 1406 Credit cards; monthly statement; certain information ...............................................HB 1291 Credit unions; investment of funds; loan participation.................................................SB 540 Educational loans; definition; privately sponsored loans ...........................................HB 1028 Emergency Medical Services Loan Fund; create.........................................................HB 1260 Emerging crops loan fund; appropriation - CA.............................................................HR 796 Fire Department Revolving Loan Fund; create...........................................................HB 1083 Georgia Residential Finance Authority; expand powers ...............................................SB 508 Hospitals; investment of proceeds - CA..........................................................................HR 734 Industrial loans; interest rate ...........................................................................................HB 382 Insurance requirements; notification...............................................................................HB 433 Intangible tax; certain property; change rate.................................................................HB 450 Mortgages; additional persons who may execute cancellation .....................................SB 564 Mortgages; closing services; predetermined fee schedule ...........................................HB 1136 Property; escrow accounts; loan proceeds; disbursement...........................................HB 1597 Real estate loans; requirements........................................................................................HB 653 Revenue debt; business loans to encourage economic development - CA..................SR 387 Solid waste facilities; loans to counties and municipalities - CA ................................SR 327 State loans to local government; solid waste recycling and facilities - CA...........................................................................................................HR 584
LOBBYING Certain state employees; prohibitions .............................................................................HB 122 Certain state officials; registration....................................................................................SB 265 Communications from Secretary of State ...................................Pages 28, 166, 221, 416, 703, 1037, 1349, 1953, 2637, 3010, 3068 Contributions while General Assembly in session ..........................................................SB 616 Disclosures; certain expenses; General Assembly members .......................................HB 1594 State agencies; registration................................................................................................HB 165 State Government; vendor invoices; publication of aging reports ...............................SB 236
LOCAL GOVERNMENTS (Also, see Counties or Municipalities) Ad valorem tax; value and millage rates by local tax officials ....................................HB 930

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3191

LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Administrative Services; procure services at competitive prices..................................SB 617 Airports; financial assistance for certain facilities.......................................................HB 1671 Alcoholic beverages; Sunday sales; certain date .............................................................SB 542 Annexation; certain counties; applicability.....................................................................HB 941 Annexation; certain counties; applicability; remove language...................................HB 1814 Appeals; review zoning decisions of counties and municipalities..............................HB 2054 Appraisal requirements for purchase of property .........................................................HB 348 Atlanta; certain contracts; mayoral authorization.........................................................HB 497 Blasting or excavating near underground pipes; notification ....................................HB 1651 Bonds; allocation...............................................................................................................HB 1708 Bonds; expenditure of funds other than stated..............................................................SB 554 Bonds; investment of proceeds.........................................................................................HB 631 Business and occupation tax; failure to pay; prosecution ..........................................HB 1608 Campaign contributions; public agencies; prohibitions ..............................................HB 1336 Certain buildings; display names of certain officials ..................................................HB 1248 City and business improvement district; license fees and occupational tax; surcharge .................................................................................HB 1601 Compensation of certain county officials; effective date of census ..........................HB 1482 Comprehensive Solid Waste Management Act; provide................................................SB 533 Comprehensive Solid Waste Management Act; provide.............................................HB 1364 Consolidation; procedures................................................................................................HB 1123 Controlled substances; proceeds from forfeitures..........................................................HB 383 Counties and Municipalities; composition of governing authority; referendum - CA..........................................................................................HR 315 Counties and municipalities; development impact fees................................................HB 796 Counties and Municipalities; multi-year contracts .....................................................HB 1207 Counties and municipalities; personal property sales; vendor repurchase........................................................................................................................HB 391 Counties and Municipalities; planning and zoning powers; amend procedures - CA...................................................................................................HR 88 Counties and municipalities; sell or grant property to state ........................................SB 687 Counties and municipalities; solid waste disposal contracts; bids...............................SB 237 Counties; annexation; zoning procedures........................................................................HB 845 Counties; clerks attend training seminar ......................................................................HB 1443 Counties; boards of education and governing authorities; election from single-member districts Counties; disposition of property of certain development authorities .....................HB 1548 Counties; occupational tax and license fees; amend provisions ................................HB 1599 County attorney; appointment; amend provisions .........................................................SB 171 County boards of commissioners; single member districts ............................................HB 85 County courthouses; demolition; referendum requirement........................................HB 1247 County Leadership Act; provide training seminar ......................................................HB 1442 County managers; General Assembly provide by local law........................................HB 1525 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Development authorities; colleges; certain facilities used by athletic association........................................................................................,............SB 369 Development impact fees ..................................................................................................HB 796 Downtown development authorities; director's qualifications...................................HB 1631 Downtown development authorities; director's qualifications......................................SB 489 Downtown development authorities; power of eminent domain..................................SB 471
Education; contracts for transportation of pupils .......................................................HB 1441
Education; direct instructional costs; amend provisions ............................................HB 1430
Election from single-member district................................................................................HB 79
Emergency 911 system; local governments impose monthly charge.........................HB 1422
Employment benefits; county funds; include elected officials and personnel ................................................................................................................HB 1888

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3192

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LOCAL GOVERNMENTS (Also, see Counties or Municipalities) (Continued) Hazardous waste facilities; reports ...................................................................................SB 519 Hospitals; certain counties; establish without certificate of need.............................HB 1437 Hotel-motel tax; nonprofit organizations; financial records ......................................HB 1258 Industrial life insurance; prohibitions; municipalities of 65,000 or more population...........................................................................................HB 1912 Joint county and municipal sales tax; distribution of proceeds................................HB 1307 Joint county and municipal sales tax; interest on proceeds ......................................HB 1738 Judges; disqualifications; certain cases relating to zoning .........................................HB 1583 Labor; Public Employees Relations Commission; create..............................................HB 862 Legal advertisements; change rates ..................................................................................SB 271 Local option sales tax; food exemption; applicability.................................................HB 1658 Motorized carts; registration and licensing; fee...........................................................HB 1562 Municipal courts; judges' training; cost........................................................................HB 1294 Municipal Courts; violations; maximum period of confinement .................................HB 908 Municipal officers and employees; compensation increases; date................................SB 364 Municipalities; annexation; county approval..................................................................HB 465 Municipalities; annexation; territories; requirements .................................................HB 1846 Municipalities; annexation; remove certain prohibitions ...........................................HB 1845 Municipalities; annexation; repeal certain provision ....................................................HB 504 Municipalities; boundaries; certain exceptions..............................................................HB 278 Municipalities; council members voting on matters of personal interest ..............................................................................................................SB 169 Municipalities; county voter registration; requirements.............................................HB 1627 Municipalities; occupational tax and license fees; amend provisions.......................HB 1600 Municipalities; unfit buildings; hearings.......................................................................HB 1570 Mutual Aid Act; cooperation between local law enforcement and the University System.............................................................................................SB 580 Ordinance violations; increase fines...............................................................................HB 1567 Peace officers; training expenses; certain reimbursement..........................................HB 1093 Plats; regulations; land sales; recording...........................................................................SB 735 Prisoners; cost of incarceration; reimbursement to counties .....................................HB 1911 Property; certain counties; extend covenants...............................................................HB 1553 Property; disturbing interred human remains.............................................................HB 1940 Public officials; malfeasance; punishment .......................................................................SB 600 Single-family residences; housing disabled persons ......................................................HB 915 Solid waste facilities; loans to counties and municipalities - CA ................................SR 327 Special county sales tax; amend or repeal provisions ...................................................HB 267 Special county sales tax; termination date.....................................................................HB 228 Special elections and special municipal elections; uniform date...............................HB 1628 Special elections; nongeneral election year; date.........................................................HB 1476 State loans; solid waste recycling and facilities - CA ...................................................HR 584 Transportation, Department of; traffic control devices; installation..........................HB 395 Uniform Rules of the Road; residential areas; applicability......................................HB 1279 Zoning; conflicts of interest; revisions..............................................................................SB 654 Zoning powers; standards ................................................................................................HB 1475 Zoning Procedures Law for Metropolitan Counties; enact ..........................................HB 555
LOCUST GROVE, CITY OF; municipal court; jurisdiction.....................................HB 1881
LOCUST GROVE ELEMENTARY SCHOOL; commend.......................................HR 921
LOGANVILLE, CITY OF; city manager; powers and duties...................................HB 2080
LONG, WASHINGTON, JR.; commend......................................................................HR 1082
LOOKOUT MOUNTAIN CIRCUIT; add judge..........................................................SB 132
LORD, VICTOR; commend...............................................................................................HR 938

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LOTTERY Delete prohibitions - CA .....................................................................................................HR 28 Hospital care for indigent persons and for educational purposes; proceeds - CA ..................................................................................................HR 69 Joint State-wide Lottery Study Committee; create ........................................................HR 29 Nonprofit religious institutions..........................................................................................HB 26 Prohibitions; exempt certain bingo games - CA..............................................................HR 13 State; disposition of proceeds - CA...................................................................................HR 11 State Lottery; provide - CA.................................................................................................SR 30 State Lottery; provide..........................................................................................................HB 48
LOWERY, REVEREND JOSEPH ECHOLS; commend .........................................HR 668
LOWNDES COUNTY Board of education; election; repeal Act.......................................................................HB 1727 Board of education; repeal Act fixing compensation..................................................HB 1424
LUMPKIN, CITY OF; corporate limits........................................................................HB 2056
LUMPKIN COUNTY; tax commissioner; compensation...........................................HB 1047
LUMPKIN, QUINTON; condolences ...........................................................................HR 1033
LUPTON, MR. AND MRS. JOHN M.; 50th Anniversary; commend ...................HR 1117
LURO, FRANCES WEINMAN; condolences.............................................................HR 1051

M
MACON BOARD OF REALTORS; commend..........................................................HR 1006
MACON, CITY OF Georgia State Fair; lease of certain property...............................................................HB 1849 Macon-Bibb County Water and Sewerage Authority; wastewater pretreatment.....................................................................................................................SB 624 Macon-Water Commissioners Pension Plan; custodian of fund ..................................SB 659
MADISON, CITY OF; city manager; provide..............................................................HB 2015
MAGISTRATE COURTS Civil action; jury trial; transfer to another court.........................................................HB 1166 Civil practice; waiver of jury trial..................................................................................HB 1164 Disciplining of magistrates; approval............................................................................HB 1565 Disciplining of magistrates; approval...............................................................................SB 634 Juvenile court; designate referee as juvenile magistrate..............................................HB 222 Magistrates' Retirement System; create .........................................................................HB 937 Retired magistrates; marriage ceremonies; perform....................................................HB 1779
MAHLER, THOMAS WILKINSON; condolences...................................................HR 1111
MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) Excise tax.............................................................................................................................HB 477 Excise tax.............................................................................................................................HB 690
MANCHESTER, CITY OF Board of commissioners; election...................................................................................HB 1575 Certain violations; fines for jail construction...............................................................HB 1588
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MANGUM, HONORABLE WILLIAM C. "BILL", JR.; commend ....................HR 1103
MANLEY, HONORABLE MICHAEL N.; commend................................................HR 597
MANN, EARL; condolences...............................................................................................HR 917
MARABLE, CHANTEL; commend ................................................................................HR 605
MARCHMAN, JUDITH; commend..............................................................................HR 1237
MARIETTA, CITY OF Ad valorem tax levy; educational purposes ....................................................................HB 848 Cobb County-Marietta Water Authority; membership terms ...................................HB 1398 Corporate limits ................................................................................................................HB 1908 Corporate limits ................................................................................................................HB 1909 Downtown Marietta Development Authority; enlarge district ..................................HB 1735 Downtown Marietta Development Authority; membership; election.........................HB 840
MARIETTA HIGH SCHOOL VARSITY FOOTBALL TEAM; commend........HR 656
MARIJUANA Certain offenses; proximity to schools...........................................................................HB 1216 Controlled substances; forfeiture; proceeds; certain children and youth..........................................................................................................................SB 521 Controlled substances; forfeitures; amend provisions....................................................SB 146 Controlled substances; sales to minors; penalty ............................................................HB 349 Controlled substances; sales to minors; penalty ............................................................HB 793 Controlled substances; selling; possession; penalty .....................................................HB 1368 Driver's license suspension; drug trafficking...................................................................SB 531 Driving under the influence; implied consent..............................................................HB 1655 Drug abuse; trafficking in marijuana; punishment .....................................................HB 1436 Drug Demand Reduction fund; drug abuse education ...............................................HB 1348 Drug trafficking; minors; penalty.....................................................................................HB 520 Drug trafficking; school property; separate offense .......................................................SB 204 Examining board licensee; certain drug conviction; sanctions ..................................HB 1653 Pardons and paroles; certain offenses; restrictions ........................................................SB 280 Pardons and paroles; felony trafficking offenses; prohibitions - CA..........................HR 837 Proceeds from sales; forfeiture .......................................................................................HB 1223 Prohibit purchase .............................................................................................................HB 1340 Revenue Commissioner; controlled substances; jeopardy assessment ......................HB 1252 Special investigative grand juries; drug trafficking; jurisdiction - CA ...............................................................................................................HR 36 Special investigative grand juries; drug trafficking; jurisdiction - CA..............................................................................................................SR 285 State employees; random drug testing..........................................................................HB 1171 State employees; random drug testing.............................................................................SB 502 Taxation; controlled substances.......................................................................................HB 164
MARIST HIGH SCHOOL; 1989 football team; commend.......................................HR 1245
MARKWELL, PFC JAMES WILLIAM; condolences ..............................................HR 691
MARRIAGE (Also, see Domestic Relations) Alimony; certain cohabitation; modification ..................................................................HB 879 Business license; Professional Counselors, Social Workers, Marriage and Family Therapists; exemption...........................................................HB 1490 Common-law marriage; prohibitions..............................................................................HB 1138 Counselors, Social Workers, Marriage and Family Therapists; supervisors.......................................................................................................................HB 635 Disabled veterans; homestead exemption; extend to surviving spouse....................HB 1493 Divorce; children's interest; parents attend seminar..................................................HB 1561

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3195

MARRIAGE (Also, see Domestic Relations) (Continued) Divorce; children's interest; parents attend seminar .....................................................SB 630 Divorce; mediation proceedings.........................................................................................SB 181 Family violence; certain facts; defendant remanded into custody...............................SB 551 Health; sterilization upon request; remove certain provisions .....................................SB 552 Marriage and Family Therapists; supervisor; qualifications ........................................SB 698 Marriage ceremonies; certain persons; powers ................................................................SB 197 Marriage license; fees for family violence shelters ........................................................HB 196 Paternal Rights Act; enact ................................................................................................HB 543 Professional Counselors, Social Workers, Marriage and Family Therapists, Board of; termination...................................................................SB 572 Professional Counselors, Social Workers, Marriage and Family Therapists; licensing ..........................................................................................SB 668 Retired magistrates; marriage ceremonies; perform....................................................HB 1779 Wills; revocation by divorce; amend provisions..............................................................SB 413
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Arbitration; amend provisions ...........................................................................................SB 112 Atlanta; certain contracts; mayoral authorization.........................................................HB 497 Competitive bidding; certain purchases ........................................................................HB 1502 MARTOC; resolution creating; amend provisions providing for repeal ....................HR 735 Public transit operators; drug testing programs..........................................................HB 1801 State appropriations; repeal provisions.........................................................................HB 1501
MARTIN, BENJAMIN EARL, JR.; compensate .........................................................HR 91
MARTIN, CARL Condolences .........................................................................................................................HR 974 Condolences .......................................................................................................................HR 1002
MARWEDE, LYNDA; commend ...................................................................................HR 1144
MARY PERSONS HIGH SCHOOL DEBATE TEAM; commend .....................HR 1241
MASTROIANNI, MATTHEW A. "MATTY"; condolences...................................HR 1061
MATHIS, GINGER H.; commend ...................................................................................HR 788
MAY, DONALD W.; commend.......................................................................................HR 1233
MCCANTS, KEITH; commend and invite to House....................................................HR 737
MCD ANIEL, FRANCES; commend ...............................................................................HR 880
MCDONALD, SUSAN LYNNE; commend................................................................HR 1239
MCDONNELL, BETTY; commend ..............................................................................HR 1140
MCDONOUGH, CITY OF; municipal court; penalty; ...............................................HB 1936
MCDUFFIE COUNTY Board of elections and registration; create...................................................................HB 1670 Grant easement....................................................................................................................SR 336 Homestead exemption......................................................................................................HB 1791
MCEACHERN HIGH SCHOOL Varsity football team; commend ......................................................................................HR 657 Wrestling team; commend and invite to House ............................................................HR 891
MCEACHERN HIGH SCHOOL WRESTLING TEAM; commend and invite to House ...........................................................................................................HR 891
MCGUIRE, PAUL F.; commend....................................................................................HR 1234

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MCINTOSH COUNTY Bryan County; convey property; Sapelo Island settlement .........................................HR 910 School superintendent; appointment.............................................................................HB 1718
MCINTYRE, CITY OF; Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority; create ...............................................................................HB 1919
MCKINLEY, MR. AND MRS. SCOTT; commend children ..................................HR 1047
MCNULTY, TERRENCE FRANCIS; condolences..................................................HR 1230
MEADOWS, DR. CARTER L., SR.; condolences........................................................HR 898
MEALER, GEORGE E.; commend................................................................................HR 1240
MEDICAL PRACTICE (See Physicians and Osteopaths)
MEEKS, CARRIE T., R.N.; commend and congratulate...........................................HR 1170
MEETINGS Administrative Procedure; hearings; private session .....................................................SB 346 General Assembly; open meetings - CA...............................................................................SR 4 Legislative Services Committee; meetings; amend provisions ...................................HB 1309 Open meetings; notices; public records, definitions.......................................................SB 270 School disciplinary hearings; open meeting provisions.................................................HB 838 State Government; certain elections; secret ballot ........................................................HB 890 Veterans Service Board; location of meetings..............................................................HB 1342
MENTAL HEALTH AIDS; certain persons; disclosure of confidential information....................................HB 842 Autism Resource Center; support development............................................................HR 370 Children and youth; services for disturbed children.....................................................HB 560 Commercial driver's license; certain school bus drivers; fee exemption ................................................................................................................HB 1587 Durable power of attorney for health care.....................................................................HB 999 Durable Power of Attorney for Health Care Act; provide ............................................SB 688 Electric shock devices; prohibitions.................................................................................HB 249 Guardianships; modification or termination; revise provisions .................................HB 1391 Local governments; single-family residences; housing disabled persons..............................................................................................................HB 915 Medical records of deceased patient; release ...............................................................HB 1456 Mentally retarded persons; community services; amend provisions...........................HB 894 Mentally retarded persons; death penalty; certain circumstances..............................HB 352 Mentally retarded persons; residential care facilities; admission requirements .................................................................................................HB 331 Nonprofit agencies; certain contracts with Human Resources; immunity ..............HB 1326 Public school instruction; mentally retarded persons.................................................HB 1706 Richmond County Board of Health; conveyance of estate or usufruct .....................HR 847 Self-sufficiency Trust Fund for Mentally Disabled; create .......................................HB 1558
MERCER, MAJOR GENERAL JAMES R.; commend............................................HR 654
MERIT SYSTEM (Also, see State Employees and State Government) Child abuse and deprivation; access to records; Personnel Board............................HB 1280 Employee hearing; representation......................................................................................HB 77 State employees; certain dismissal; compensation .............................................................SB 3 State employees; interdepartmental transfer; test period............................................HB 167 State employees; interdepartmental transfers................................................................HB 343 State Employees; on call time; compensation.....................................................................SB 2 State employees; sick leave; authorization....................................................................HB 1513 State employees; two breaks during eight-hour shift ....................................................SB 555

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3197

MERIT SYSTEM (Also, see State Employees and State Government) (Continued) State employees; two breaks during eight-hour shift; urge .........................................HR 980 State employees; working test employee; amend application...........................................SB 9 State Personnel Board plan; employees mail order prescription drug program...................................................................................................................HR 703
MERIWETHER COUNTY; tax commissioner's salary .............................................HB 1420
METRO ATLANTA WOMEN GOLFERS, INC.; commend...................................HR 963
MEYBOHM, E. G.; commend..........................................................................................HR 1019
MILITARY AFFAIRS Ad valorem tax; exempt certain veterans organizations; referendum ........................HB 266 Adjutant general; eligibility requirements ....................................................................HB 1914 Chickamauga and Chattanooga National Military Park; commemorating centennial .....................................................................................................................HR 5 EX Disabled veterans; design of license plates......................................................................SB 637 Disabled veterans; homestead exemption; extend to surviving spouse....................HB 1493 Emergency management rescue specialists; indemnification - CA .............................HR 588 Emergency management; restrict working hours of local director............................HB 1626 Employees' Retirement; certain military service; credit...............................................HB 318 Employees' Retirement; certain military service; credit...............................................HB 755 Employees' Retirement; certain National Guard service; credit.................................HB 695 Former POW Recognition Day; designate April 9.........................................................SB 663 Homestead exemption; certain veterans; benefits for surviving spouses...................HB 508 Income tax; military and civil service retirement; exemption ...................................HB 1099 Income tax; military pay and certain civilian employees; exemption ........................HB 936 Landlord and tenant; residential leases for military personnel ................................HB 1152 License plates; certain colors ............................................................................................HB 765 License plates; certain colors .............................................................................................SB 308 License plates; Tennessee National Guard; special tags ..............................................HB 644 Military appropriations; urge Congress to reduce and redirect funds for domestic programs ........................................................................................HR 724 Motor vehicle license plates; free for certain veterans .................................................HB 572 Special license plates; certain veterans .........................................................................HB 1589 Special license plates; Pearl Harbor veterans ..............................................................HB 1554 Student teachers; supervisors; support specialists; payment .....................................HB 1640 United States Veterans Administration; change name to United States Department of Veterans Affairs .................................................................................HB 1275 Veterans Service Board; location of meetings..............................................................HB 1342 Women in Military Service Memorial; create................................................................HR 753
MILLER, REBECCA JANE; compensate.....................................................................HR 786
MILLS, RICHARD D.; commend ...................................................................................HR 615
MINERAL RESOURCES Mining; blasting; residential water well; distance requirement.................................HB 1766 Mining; permit; certain agreement between counties .................................................HB 1769 Sales tax; certain industrial materials; exemption ........................................................HB 293 Sales tax; metal coins and bullion; exemption.............................................................HB 1087
MINORS Abortion; parents not responsible for health cost.......................................................HB 1603 Ad valorem tax; youth programs; additional purpose.................................................HB 1508 Aggravated child molestation; include certain act ......................................................HB 1453 Alcoholic beverages; consumption on premises; prohibit presence of persons under 21 ......................................................................................................HB 1236 Alcoholic beverages; purchase by persons under 21; penalty ....................................HB 1448

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3198

INDEX

MINORS (Continued) Alcoholic beverages; retail package stores; prohibit certain persons........................HB 1119 Anatomical Gift Act; donations; certain recipients; preference ................................HB 1915 At-risk children and youth; establish certain goals; strategy .......................................SB 374 Augusta-Richmond County Commission on Disadvantaged Youth; re-create..........HR 639 Autism Resource Center; support development ............................................................HR 370 Child abuse; accessibility to records; certain persons....................................................SB 682 Child abuse; deprivation; access to records; Personnel Board ..................................HB 1280 Child abuse; establish central registry ..........................................................................HB 1317 Child abuse; protocol committee; reporting requirements.........................................HB 1318 Child abuse; records; accessibility ..................................................................................HB 1319 Child abuse; reporting; confidentiality ............................................................................HB 787 Child abuse; reporting requirements .............................................................................HB 1316 Child abuse; testimony of certain children.....................................................................HB 711 Child custody; amend proceedings...................................................................................HB 946 Child custody; amend provisions ......................................................................................SB 477 Child custody cases; appeal procedures ...........................................................................SB 238 Child custody; pick-up from school by parent.................................................................HB 67 Child Health Services Act; create ..................................................................................HB 1040 Child Health Services Act; create.....................................................................................SB 124 Child support; computation of award............................................................................HB 1580 Child support; noncustodial parent; amend provisions .................................................SB 212 Child welfare agencies; adoption; licensing requirements ..........................................HB 1550 Child welfare agencies; video equipment; installation ................................................HB 1507 Children and youth; community innovation zones; designate......................................SB 382 Children and youth; employment training; Human Resources provide...................HB 1484 Children and youth; family day-care home; definition.................................................HB 938 Children and youth; family day-care home; definition.................................................HB 938 Children and youth; financial assistance for certain adoptions...................................SB 679 Children and youth investment fund; traffic fines ........................................................SB 353 Children and youth; services for disturbed children.....................................................HB 560 Children; certain employment; workers' compensation; coverage................................SB 728 Children; interference with visitation rights; penalties ..............................................HB 1357 Children under 10 years; prohibit transporting in pickups .......................................HB 1178 Children's Day; observance................................................................................................SB 488 Commission on children and youth; task force to promote self-esteem; create.........,.................................................................................................HR 813 Conference on Children of Cocaine and Substance Abuse; establish.........................HR 912 Controlled substances; distributing to unborn child; penalty ...................................HB 1146 Controlled substances; forfeiture; proceeds; certain children and youth..........................................................................................................................SB 521 Controlled substances; sales to minors; penalty ............................................................HB 349 Controlled substances; sales to minors; penalty ............................................................HB 793 Controlled substances; selling; possession; penalty .....................................................HB 1368 Courts; abusive party; removal from home...................................................................HB 1781 Criminal procedure; certain offenses; period for prosecution....................................HB 1293 Criminal sexual conduct with minor; provide for offense..........................................HB 1454 Criminal traffic offenses; 16 year old tried as an adult..............................................HB 1739 Cruelty to children; admissibility of certain testimony .................................................SB 153 Cyclorama; admission fee exemption for school children; repeal................................HB 920 Day Camps; regulation.......................................................................................................HB 231
Divorce; children's interest; parents attend seminar ..................................................HB 1561
Divorce; children's interest; parents attend seminar .....................................................SB 630
Driver's license; ages 16 to 18; requirements ..................................................................SB 470
Driver's license; delay issuance to certain minors .........................................................HB 666
Driver's license; delay issuance to persons under 16 years convicted of driving under the influence ..................................................................HB 1185

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INDEX

3199

MINORS (Continued) Driver's license; person under 18 years; disqualifications .............................................SB 507 Driver's license; suspension; certain acts ...........................................................................SB 68 Driver's license; suspension; person under 18 years; withdrawal from school................................................................................................HB 1190 Driver's license; suspension; person under 18 years; withdrawal from school................................................................................................HB 1270 Driving with child under 14 years while under influence; penalty...........................HB 1573 Drug trafficking; penalty ...................................................................................................HB 520 Education; competencies and core curriculum; establish...........................................HB 1593 Education; mandatory age; amend provisions..............................................................HB 1500 Education; school social workers; employment..............................................................HB 657 Education; school social workers; employment..............................................................HB 677 Evidence; child molestation ............................................................................................HB 1321 Evidence; child's statement on sexual conduct and abuse...........................................HB 366 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Family Preservation and Child Protection Reform Act; provide..............................HB 1877 Family Preservation and Child Protection Reform Act; provide.................................SB 705 Firearm dealers; ammunition to underage persons; refrain.........................................HR 409 Firearms; keep in locked container................................................................................HB 1308 Georgia Children and Youth Overview Committee; create..........................................HB 958 Georgia Children and Youth Overview Committee; create...........................................SB 355 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Guardian; settlement on behalf of ward; judge's authorization ................................HB 1390 Guardianship; certain actions by minors; bond requirements......................................SB 207 House Abandonment of Infants Study Committee; create............................................HR 68 Human Resources; delinquent child; evaluation ............................................................SB 485 Human Resources; delinquent child; transfer custody ..................................................SB 484 Income tax; child care credit ............................................................................................HB 241 Income tax credit; child or dependent care......................................................................HB 25 Indigent counsel; child deprivation cases .....................................................................HB 1322 Interference with custody; define offense.......................................................................HB 633 Juvenile court; designate referee as juvenile magistrate ..............................................HB 222 Juvenile court; director of guardian ad litem; appointment........................................HB 595 Juvenile court; supervision fees; certain services.........................................................HB 1617 Juvenile intake workers and probation officers; state subsidies..................................SB 227 Juvenile proceedings; designated felony act; definition..............................................HB 1243 Juvenile proceedings; drug trafficking; felony................................................................HB 355 Juvenile proceedings; jurisdiction over certain children ............................................HB 1276 Juvenile proceedings; removal of child from home.....................................................HB 1320 Marksmanship programs; promotion in high schools ...................................................HR 626 Missing persons; exchange of certain information on juveniles ................................HB 1085 Motor vehicle accident insurance; reduced premium; honor students........................SB 662 Motorcycles; headgear; certain persons.........................................................................HB 1097 Parental rights; termination...............................................................................................SB 509 Paternal Rights Act; enact ................................................................................................HB 543 Paternity test; temporary child support; final judgment ..............................................SB 423 Pickup truck; transport children in rear bed; prohibitions .............................................HB 6 Postsecondary vocational education; change reference to Technical and Adult Education ...................................................................................HB 628 Public School Child Care Study Committee; create .....................................................HR 839 Public school instruction; mentally retarded persons.................................................HB 1706
Quality Basic Education; children at risk; alternate programs .................................HB 1966
Safety belts and child restraints; requirements...............................................................HB 17
School dropouts; effort to reduce number; provide study committee......................HR 1065
Schools; ages for mandatory education .........................................................................HB 1194
Schools; compulsory attendance; age for enrollment ....................................................HB 149

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3200

INDEX

MINORS (Continued) Sexual offenses against children; age provisions..............................................................HB 27 Stepparent; child custody; certain obligations .............................................................HB 1481 Task force to Promote Self-Esteem; urge creation .......................................................HR 577 Tobacco products; regulate sales......................................................................................HB 462 Victims of crime under 14 years; remove prosecution limitation .............................HB 1590 Video movies; distribution to minors; prohibitions.....................................................HB 1192 Wills; child born out of wedlock; inheritance ..............................................................HB 1353 Witnesses; competency of child; amend provisions.......................................................HB 218 Witnesses; testimony of child; videotape ......................................................................HB 1749 Youthful offenders; place of detention; change facilities ...........................................HB 1616
MITCHELL COUNTY Convey property..................................................................................................................HR 587 Magistrate court; fees for law library ............................................................................HB 1636 Pelham; lease property ......................................................................................................HR 586 State court; judge and solicitor; compensation ............................................................HB 1327
MITCHELL, DAVID Comrnend.............................................................................................................................HR 967 Commend and invite to House.........................................................................................HR 915
MOBLEY, HONORABLE JOHN O., JR.; commend ..............................................HR 1107
MONROE COUNTY; board of commissioners; compensation.....................................SB 765
MONROE, CITY OF; election; provisions ....................................................................HB 1972
MOODY, WILLIAM SCOTT; compensate ...................................................................HR 166
MOOR, REVEREND JIMMY; commend..................................................................HR 7 EX
MOORE, GREG; commend ................................................................................................HR 609
MOORE, HONORABLE JAMES C. Commend.............................................................................................................................HR 920 Commend and invite to House.........................................................................................HR 766 Communication; resignation ..........................................................................................Page 3033
MOORE, JOY; commend....................................................................................................HR 604
MOORE, ROY W.; condolences.........................................................................................HR 595
MORGAN, CITY OF; Calhoun County; annex certain property; ...............................HR 999
MORGAN COUNTY Commissioners; compensation ........................................................................................HB 1905 Tax commissioner; compensation...................................................................................HB 1717
MORGAN, ELAINE SHANNON; commend ...............................................................HR 799
MORRIS, AGNES AND JIM; 50th wedding anniversary; commend.......................HR 868
MORRIS, CHRIS; commend.............................................................................................HR 611
MOSES, "COACH" STANLEY DEAN; honor.........................................................HR 1145
MOTOR CARRIERS Commercial driver's license; hazardous materials; requirement ...............................HB 1330 Commercial vehicle; registration; reciprocal agreement with other states ...........................................................................................................HB 1622 Motor Vehicles; weight limitations; federal specifications ...........................................HB 438 Public Service Commission personnel; inspection.......................................................HB 1151

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INDEX

3201

MOTOR CARRIERS (Continued) Rail Passenger Authority; membership; appointment................................................HB 1775 Rapid rail passenger service; Public Service Commission; jurisdiction .....................................................................................................................HB 1763 Vehicles transporting forest products; exceptions .........................................................HB 887
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Amount of excise tax............................................................................................................HB 14 Cooperative agreements with other states....................................................................HB 1612 Distributor; letter of credit; post in lieu of bond........................................................HB 1386 Ethanol blended motor fuel; Congress urged to exempt excise tax...........................HR 865 Mass transportation facilities; appropriations - CA......................................................HR 911 Rate.......................................................................................................................................HB 144 Refund for diesel fuel purchases......................................................................................HB 423 Remove exemption from sales tax...................................................................................HB 338 Retail sales; certain refund..............................................................................................HB 1447
MOTOR VEHICLE ACCIDENT INSURANCE Accident and sickness insurance; other insurers; prohibitions..................................HB 1643 Agent's certificate; prohibit termination based on loss ratio.....................................HB 1780 Assigned risk plan; eligibility..........................................................................................HB 1196 Cancellation notice; certain fines.....................................................................................HB 255 Certain accidents; remove reporting requirements......................................................HB 1295 Certain claims; amend time limit...................................................................................HB 1504 Certain premium reductions .............................................................................................HB 437 Claims; determine value of vehicle.....................................................................................SB 32 Coverage while operating any vehicle............................................................................HB 1510 Definition of insured..........................................................................................................HB 177 Driving under the influence; second conviction; insurance coverage ...........................HB 37 Driving without proof; penalty .........................................................................................HB 455 Financial responsibility; habitual offender ...................................................................HB 1677 Financial responsibility; proof ............................................................................................HB 38 Group self-insurance funds; maintenance of securities deposit...................................SB 693 Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act .....................HB 1111 Payment of claim within 30 days; interest.....................................................................HB 393 Premium reduction; defensive driving course.................................................................SB 433 Proof; counterfeit document; penalty...............................................................................SB 544 Provide claimant certain information ..............................................................................SB 175 Reduction in premiums; eligibility.................................................................................HB 1229 Restricted driving permits .....................................................................................................SB 7 Revise Code provisions ......................................................................................................HB 699 School buses; self-insurance plans; establish................................................................HB 1806 Serious injury; redefine....................................................................................................HB 2006 Total loss claim; provision for settlement.....................................................................HB 1794 Uninsured motorist; applicability ....................................................................................HB 904 Uninsured Motorist coverage; deductible amount.......................................................HB 1752 Unknown person causing accident without contact....................................................HB 1605
MOTOR VEHICLES AND TRAFFIC Abandonment; liens; filing fee...........................................................................................SB 328 Abandonment; towing; law enforcement officer furnish information..........................SB 450 Abandonment; removal and storage..................................................................................HB 74 Alcoholic beverages; open containers while driving; prohibitions...............................HB 537 All-terrain vehicles; regulation..........................................................................................HB 682 Amber light on loads of logs................................................------HB 1355 Automobile carriers; length.............................................................................................HB 1235 Bicycles; racing on state highways; prohibitions .........................................................HB 1191

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3202

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Bicycles; racing on state highways; prohibitions .........................................................HB 1198 Board of Registration of Used Car Dealers; composition ..........................................HB 1389 Board of Registration; Used Motor Vehicle Dismantlers, Rebuilders and salvage dealers; termination date...............................................................................HB 1296 Certain accidents; remove reporting requirements......................................................HB 1295 Certificate of title; older vehicles ...................................................................................HB 2088 Chemical test; hearings; introduction of certain evidence .........................................HB 1375 Children and youth investment fund; traffic fines ........................................................SB 353 Children under 10 years; prohibit transporting in pickups .......................................HB 1178 Clarence Ridley Highway; designate................................................................................HR 795 Clark Atlanta University; special license plates ............................................................HB 117 Commercial Code; sales; collateral...................................................................................HB 943 Commercial Code; sales; collateral.................................................................................HB 1492 Commercial Code; sales; collateral.................................................................................HB 1724 Commercial driver's license; certain school bus drivers; fee exemption................................................................................................................HB 1587 Commercial driver's license; hazardous materials; requirement ...............................HB 1330 Commercial driver's license; nonprofit organization vehicle; definition ............................................................................................................SB 585 Commercial driver's license; registration; reciprocal agreement with other states........................................................................................HB 1622 Commercial driver's license; school bus; definition........................................................SB 584 Conservation ranger; driver's license as collateral for bail.........................................HB 1787 Criminal or traffic offenses; additional penalty; law enforcement salary supplement - CA.................................................................................................HR 567 Criminal traffic offenses; person 16 years old tried as an adult ...............................HB 1739 Damage to new vehicles; disclosure...............................................................................HB 1810 Derelict motor vehicle; abandonment; disposition.........................................................SB 451 Disabled veterans; design of license plates......................................................................SB 637 Driver education course; remove from list for enrollment counts ..............................HB 152 Driver improvement clinics; required drug and alcohol course.................................HB 1458 Driver's license; abstract; furnish to certain agencies.................................................HB 1797 Driver's license; ages 16 to 18; requirements ..................................................................SB 470 Driver's license; Class 1 permits; certain restrictions ...................................................HB 402 Driver's license; delay issuance to certain minors .........................................................HB 666 Driver's license; delay issuance to persons under 16 years convicted of driving under the influence ..................................................................HB 1185 Driver's license; educational eligibility; persons under 18 years ...............................HB 1784 Driver's license; records; abstracts of employees.............................................................HB 40 Driver's license; suspension; certain persons under 18 years.....................................HB 1193 Driver's License; suspension; defensive driving course; requirement .........................HB 916 Driver's license; suspension; defensive driving course; requirement........................HB 1031 Driver's license; suspension; drug trafficking..................................................................SB 531 Driver's license; suspension; failure to assist in accidents............................................SB 195 Driver's license; suspension; juveniles; certain acts..........................................................SB 68 Driver's license; suspension; notice by certified mail......................................................HB 20 Driver's license; suspension; notify Public Safety Department....................................SB 248 Driver's license; suspension; possession of controlled substance...............................HB 1200 Driver's license; suspension; probationary license; eligibility....................................HB 1197 Driver's license; suspension; withdrawal from school .................................................HB 1190
Driver's license; suspension; withdrawal from school .................................................HB 1270
Driver's license; vision standards; requirements.............................................................SB 448
Driving under the influence; certain conviction; contraband ....................................HB 1156
Driving under the influence; detention period.............................................................HB 1719
Driving under the influence; probationary driver's license; amend provisions............................................................................................................HB 663

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3203

MOTOR VEHICLES AND TRAFFIC (Continued) Driving under the influence; second conviction; insurance coverage ...........................HB 37 Driving under the influence; seizure of vehicle; certain violations .............................HB 507 Driving under the influence; person under 18 years; license suspension .........................................................................................................HB 1268 Driving with child under 14 years while under the influence; penalty....................HB 1573 Edna Jo Butler Parkway; designate ................................................................................HR 794 Education; competencies and core curriculum; establish...........................................HB 1593 Emission and inspection; counties; applicability .........................................................HB 1758 Environmental Protection Act of 1990..........................................................................HB 1362 Ethanol blended motor fuel; Congress urged to exempt excise tax ...........................HR 865 Failure to stop at scene of accident; penalty ...............................................................HB 1707 Financial responsibility; habitual offender ...................................................................HB 1677 Financial responsibility; nonresidents ...........................................................................HB 1452 Firefighters; special license plates....................................................................................HB 544 Fleeing or attempting to elude officer; penalty ..............................................................SB 642 Fleeing or eluding peace officer; penalty ......................................................................HB 1924 Franchised Motor Vehicles Practices Study Committee; create .................................HR 189 Fuel tax; rate.......................................................................................................................HB 144 Funeral processions; law enforcement officers; immunity of liability ......................HB 1246 Gasoline service stations; certain requirements; applicability......................................SR 432 Handicapped parking; designation....................................................................................SB 164 Handicapped parking fines; use of funds .....................................................................HB 1116 Highways; left turn only lanes; prohibitions ..................................................................HB 603 Highways; length of vehicles; amend provisions...............................................................SB 53 Highways; rest areas; law enforcement; jurisdiction ...................................................HB 1435 Highways; two way left turn only lane; designate ..........................................................SB 547 Highways; weights and load of vehicles; permits...........................................................HB 534 Hijacking vehicle transporting alcoholic beverages; penalty......................................HB 1205 House Drivers' Licensing Study Committee; create......................................................HR 243 House Motor Vehicle Safety Inspection Study Committee; create ..............................HR 96 House Truck Safety Study Committee; create ..............................................................HR 407 Hunting deer at night from boat or vehicle; amend provisions ..................................HB 987 Injuries to dog or cat............................................................................................................HB 33 Inspection; certain vehicles .................................................................................................HB 21 Insurance; assigned risk plan; eligibility .......................................................................HB 1196 Insurance; cancellation notice; certain fines...................................................................HB 255 Insurance; certain claims; amend time limit ................................................................HB 1504 Insurance; coverage while operating any vehicle .........................................................HB 1510 Insurance; driving without proof; penalty ......................................................................HB 455 Insurance; financial responsibility; proof ..........................................................................HB 38 Insurance; fraudulent claim on stolen vehicles ............................................................HB 1086 Insurance; premium reduction..........................................................................................HB 437 Insurance; premium reduction; defensive driving course ..............................................SB 433 Insurance; premium reduction; eligibility .....................................................................HB 1229 Insurance; premium reduction; honor students ..............................................................SB 662 Insurance; proof; counterfeit document; penalty............................................................SB 544 Insurance; rates; prohibitions .............................................................................................HB 23 Insurance; restricted driving permits ...................................................................................SB 7 Insurance; revise Code provisions ....................................................................................HB 699 Insurance; uninsured motorist; applicability ..................................................................HB 904 Insurance; unknown person causing accident without contact..................................HB 1605
Joe A. Whitherington Bridge; designate .........................................................................HR 931
Joe A. Whitherington Bridge; designate .........................................................................HR 959
Julius Cornelius Daugherty Bridge; designate .............................................................HR 1013
Law Enforcement Officers' Salary Supplement Act; enact........................................HB 1147
License plates; firefighters; certain fee exemption......................................................HB 1222

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3204

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) License plates; free for certain veterans .........................................................................HB 572 License plates; military; certain colors............................................................................HB 765 License plates; military; certain colors.............................................................................SB 308 License plates; special tags; retired General Assembly members ...............................HB 384 License plates; special tags; Tennessee National Guard ..............................................HB 644 License plates; special tags; veterans awarded Purple Hearts ..................................HB 1232 Licensing and registration; tax returns; date .................................................................HB 694 Limousine services; regulation by Public Service Commission ...................................HB 912 Marijuana or controlled substances; driving under the influence; implied consent .............................................................................................................HB 1655 Mobile homes; decals; requirements.......................................----..-----.......--..--.HB 1425 Mopeds; limited driving permits......................................................................................HB 632 Motor carriers; Public Service Commission personnel; inspection ...........................HB 1151 Motor fuel; amount of excise tax.........----........--.............................................------.--HB 14 Motor fuel; distributor; letter of credit; post in lieu of bond--.................................HB 1386 Motor fuel; remove exemption from sales tax ...............................................................HB 338 Motor fuel tax; cooperative agreements with other states................--................--..HB 1612 Motor Vehicle Franchise Practices; attorney's fees in certain actions.....................HB 1186 Motor Vehicle Theft and Insurance Fraud Reporting Immunity Act.....................HB 1111 Motor Vehicle Warranty Rights Act; create.................................................................HB 1555 Motorcycles; headgear; certain persons.........................................................................HB 1097 Motorcycles; headsets and headphones; authorization..............................--..............SB 118 Motorized carts; registration and licensing; fee...........................................................HB 1562 Municipalities; certain traffic fines; payment ................................................................HB 246 New motor vehicles; manufacturers; failure to conform to warranty...............--..HB 1049 Nonresidents; time for registration..................................................................................HB 785 Parking areas; criminal trespass by motor vehicle; sign.......................----..........HB 1158 Pawnbrokers; motor vehicle lease or purchase ..............................................................HB 372 Pawnbrokers; possession before fee charged ................................................................HB 1725 Pickup truck; transport children in rear bed; prohibitions .............................................HB 6 Police officers; offense of eluding; penalty......................................................................SB 196 Probation; ignition interlock device; installation--......--...................--........----------SB 123 Property; removal of vehicles improperly parked .........................................................HB 212 Property; towing service; remove certain prohibition.................................................HB 1577 Public facilities; barriers to handicapped; funds for removal - CA............................HR 467 Registration; landlord's notification; requirement...................--..............................HB 1472 Registration; temporary grace period...--..................................................--------..........HB 126 Registration; time limitation.............................................................................................HB 732 Rentals; regulation............................................................--............................................HB 565 Revise code........................................................................................................................HB 1360 Safety and equipment inspection; requirements...........................................................HB 518 Seat belts and child restraints; requirements ..................................................................HB 17 Seat belts; pickup trucks; exemption ............................................................................HB 1179 Seat belts; pickup trucks; exemption ............................................................................HB 1180 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423 Sales tax; certain motor vehicle sales..............................................................................HB 655
Sales tax; nonresident purchasers of motor vehicles; repeal exemption............................................................................--.........................HB 1691
Sales tax; sales of aircraft, vehicles and vessels; imposition............................----HB 172 School bus; summer camps; transportation of students.................--.........................SB 629 School buses; lights requirements.....................................................................................SB 213
Schools; crossing guards; citations.....................................................................................HB 39
Serious traffic accident; chemical test; requirements .................................................HB 1478
Special license plates; certain veterans.........................................................................HB 1589
Special license plates; colleges or universities.................................................................SB 342
Special license plates; Pearl Harbor veterans.............................................................. HB 1554

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3205

MOTOR VEHICLES AND TRAFFIC (Continued) Special license plates; sheriffs; certain vehicles ...........................................................HB 1798 Special license plates; Supreme Court Justices and Court of Appeals Judges......................................................................................HB 1665 Speed detection devices; visibility; distance requirements ..........................................HB 750 State employees; commercial driver's license fees; reimbursement..........................HB 1595 State patrol; automobile racing events; services............................................................HB 308 State patrol; close highways in emergency situations...................................................HB 329 Superior court clerks; uniform filing fees .....................................................................HB 1289 Theft prevention program; establish ................................................................................SB 655 Tinted windshield requirements; funeral directors ........................................................SB 700 Torts; certain vehicles; safety equipment .....................................................................HB 1843 Traffic enforcement; flashing lights.................................................................................HB 388 Traffic offenses; arrest; persons may not be released....................................................SB 723 Traffic offenses; fines; additional penalties.....................................................................SB 322 Trailers; reflective materials; requirement....................................................................HB 1894 Transportation, Department of; traffic control devices; installation..........................HB 395 Transportation service for elderly and handicapped persons; amend.........................SB 567 Trucks; towing certain trailers; speed limits ................................................................HB 1895 Trucks; towing certain vehicles; following too close; requirements ..........................HB 1896 Trucks; towing trailers; stopping on certain highways...............................................HB 1893 Uniform rules of the road; application on certain private property.........................HB 1337 Uniform rules of the road; residential areas; applicability........................................HB 1279 Used car dealers; definition.............................................................................................HB 1568 Used motor vehicle dealers; brokers and auctioneers; registration...........................HB 1084 Vehicles transporting forest products; exceptions .........................................................HB 887 Voter registration; driver's license examiners ................................................................HB 227 Weight limitations; federal specifications.......................................................................HB 438 Window tinting; medical exemption..............................................................................HB 1227
"MOTORCYCLE AWARENESS AND YOU MONTH" Recognize.............................................................................................................................HR 733 Recognize ..............................................................................................................................SR 380
MOULTRIE, CITY OF; corporate limits.....................................................................HB 1871
MOVIES Movie Industry Study Committee; create ......................................................................HR 568 Video; distribution to minors; prohibitions ..................................................................HB 1192
MUELLER, BANS HURT; condolences.....................................................................HR 1023
MUHAMMAD, NORBREN; condolences......................................................................HR 679
MUNICIPALITIES (Also, see Local Governments or Named Municipality) Ad valorem tax; freeport exemption; annual application...........................................HB 1211 Ad valorem tax; value and millage rates by local tax officials....................................HB 930 Air contaminants; construction of certain facilities; permit ........................................HB 700 Airports; financial assistance for certain facilities.......................................................HB 1671 Alcoholic beverages; Sunday sales; certain date .............................................................SB 542 Annexation; county approval............................................................................................HB 465 Annexation; remove certain prohibitions......................................................................HB 1845 Annexation; repeal certain provision...............................................................................HB 504 Annexation; territories; requirements............................................................................HB 1846 Appeals; review zoning decisions....................................................................................HB 2054 Atlanta; certain contracts; mayoral authorization.........................................................HB 497 Boards of education; election and number - CA.............................................................HR 23 Boards of education; election; single-member districts - CA.......................................HR 163

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3206

INDEX

MUNICIPALITIES (Also, see Local Governments or Named Municipality) (Continued) Bonds; expenditure of funds other than stated..............................................................SB 554 Boundaries; certain exceptions.........................................................................................HB 278 Building permit; submit plans to officer of fire department.....................................HB 1537 Business and occupation tax; failure to pay; prosecution..........................................HB 1608 Campaign contributions; public agencies; prohibitions ..............................................HB 1336 Certain traffic fines; payment...........................................................................................HB 246
City and business improvement district; license fees and occupational tax; surcharge.........................................................................................HB 1601
Colleges; president serve as county or municipal deputy registrar...........................HB 1419 Composition of governing authority; referendum - CA................................................HR 315 Comprehensive Solid Waste Management Act; provide.............................................HB 1364 Comprehensive Solid Waste Management Act; provide................................................SB 533 Conservation rangers; law enforcement; assistance; authorization ...........................HB 1373 Controlled substances; proceeds from sales; forfeiture...............................................HB 1256 Council members voting on matters of personal interest .............................................SB 169 Counties and Municipalities; offices providing goods or
services; prohibitions........................................................................................................HB 13 County voter registration; requirements.......................................................................HB 1627 Detention Buildings and Facilities Authorities Law; enact ..........................................SB 367 Development impact fees ..................................................................................................HB 796 Downtown development authority; director's qualifications ........................................SB 489 Education; alternatives for attending school of choice.................................................HR 855 Education; contracts for transportation of pupils .......................................................HB 1441 Education; direct instructional costs; amend provisions ............................................HB 1430 Education; firearms safety program; prevent injuries to children..............................HR 857 Education Partnership Act of 1990; provide................................................................HB 1518 Education; suspending and reopening local school systems;
repeal certain article.....................................................................................................HB 1517 Education; year-round school calendar; alternatives ....................................................HR 856 Election Code; amend provisions...................................................................................HB 1167 Election officials; transacting business with counties; prohibitions ............................SB 704 Elections; registration cards; identification..................................................................HB 1172 Elevators; certain buildings; exemption..........................................................................HB 136 Emergency management; restrict working hours of local director............................HB 1626 Emergency 911 system; local governments impose monthly charge.........................HB 1422 Fire departments; minimum requirements.....................................................................HB 620 Georgia Bureau of Investigation; local criminal investigations;
participation ..................................................................................................................HB 1142 Georgia Municipal Employees' Benefit System; name change..................................HB 1639 Grade crossing; protective devices; installation ..............................................................SB 701 Handicapped parking fines; use of funds .....................................................................HB 1116 Hazardous waste disposal sites; amend provisions......................................................HB 1124 Hazardous waste facilities; reports ...................................................................................SB 519 Hazardous waste reduction plans; reports....................................................................HB 1746 Health Planning Review Board; applications; time for hearing...................................SB 628 Highways; two way left turn only lane; designate..........................................................SB 547 Hotel-motel tax; rate..........................................................................................................HB 770 Human Resources; certain contracts; amend provisions ............................................HB 1251 Income tax; local peace officers retirement benefits; exemption................................HB 429
Industrial life insurance; prohibitions; municipalities of 65,000 or more population .......................................................................................................HB 1912
Joint county and municipal sales tax; distribution of proceeds................................HB 1307
Joint county and municipal sales tax; interest on proceeds......................................HB 1738
Joint Municipal Employees Benefit System; certain credit unions............................HB 262
Judges; disqualifications; certain cases relating to zoning .........................................HB 1583

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INDEX

3207

MUNICIPALITIES (Also, see Local Governments or Named Municipality) (Continued) Juveniles; local justice services; funding..........................................................................SB 383 Law enforcement officers; injured in line of duty; compensate ...................................SB 389 Law enforcement; training requirements; certain exemptions ....................................HB 844 Legal advertisements; change rates ..................................................................................SB 271 Livestock; control of disease; enforcement ......................................................................SB 517 Local boards of education; filling vacancies ...................................................................HB 704 Local government; appraisal requirements for purchase of property ........................HB 348 Local government; consolidation procedures................................................................HB 1123 Local governments; bonds; investment of proceeds ......................................................HB 631 Local governments; certain buildings; display names of certain officials..............................................................................................................HB 1248 Local governments; election from single-member district..............................................HB 79 Local governments; sales tax without certain limitation - CA....................................HR 279 Local legislation; advertisement; authorization..............................................................!!!) 522 Local school boards; other sources of revenue - CA .......................................................HR 72 Motorized carts; registration and licensing; fee...........................____...................HB 1562 Multi-year contracts.........................................................................................................HB 1207 Municipal courts; judges' training; cost ........................................................................HB 1294 Municipal courts; violations; jurisdiction - CA..............................................................HR 861 Municipal courts; violations; maximum period of confinement..................................HB 908 Municipal officers and employees; compensation increases; date................................SB 364 Occupational tax and license fees; amend provisions .................................................HB 1600 Parade or demonstration permit; certain groups; restriction .....................................HB 1347 Peace officers; training expenses; certain reimbursement..........................................HB 1093 Personal property sales; vendor repurchase ...................................................................HB 391 Planning and zoning powers; amend procedures - CA...................................................HR 88 Property appraisers; termination of employment on qualifying for public office.............................................................................................................HB 1338 Property; land bank authorities; establish....................................................................HB 1662 Public facilities; barriers to handicapped; funds for removal - CA............................HR 467 Public officers and employees; liability insurance; immunity ...................................HB 1122 Public officials; malfeasance; punishment .......................................................................SB 600 Public Safety Department; reimbursement for certain services of state patrol..................................................................................................................HB 698 Quality Basic Education; length of school year; amend certain provisions............................................................................................................HB 325 Retirement systems of local law enforcement officers; urge improvement...........................................................................................................HR 782 Rural Facilities Economic Development Act; provide ................................................HB 2087 Schools; sparsity grants for certain school systems; continuation ............................HB 1410 Sell or grant property to state...........................................................................................SB 687 Solid waste disposal contracts; bids..................................................................................SB 237 Solid waste facilities; loans to counties and municipalities - CA ................................SR 327 Solid Waste Planning, Recycling and Reduction Act; enact .......................................HB 521 Special elections and special municipal elections; uniform date...............................HB 1628 Speed detection devices; visibility; distance requirements ..........................................HB 750 Tax officials; executions against public utilities; issuance .........................................HB 1480 Teachers and certificated employees certain employment continuation; compensation.........................................................................................HB 1054
Teachers; transfer employment; Central State Hospital; salary adjustment............................................................................................................HB 917
Teachers; transfer to nonteaching position after 25 years............................................SB 495
Telephone service; toll free dialing; certain intracounty calls .....................................HB 720
Traffic offenses; fines; additional penalties.....................................................................SB 322
Unfit buildings; hearings .................................................................................................HB 1570

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3208

INDEX

MUNICIPALITIES (Also, see Local Governments or Named Municipality) (Continued) Uniform rules of the road; application on certain private property.........................HB 1337 Uniform rules of the road; residential areas; applicability........................................HB 1279 Zoning; conflicts of interest; revisions..............................................................................SB 654
MURDER Appeal bonds; grant for certain conviction ....................................................................HB 132 Death penalty; murder as part of ceremony or ritual...................................................HB 224 Death Penalty; offense of murder during apprehension ..............................................HB 173 Public retirement systems; no benefits paid when certain crimes committed............................................................................................................HB 764
MURPHY, HONORABLE THOMAS B.; commend..................................................HR 940
MURR, JACK; condolences ...............................................................................................HR 593
MURRAY, CATHERINE DAWN; Miss Georgia Peanut Queen; commend...........HR 982
MURRAY COUNTY Board of education; provisions .......................................................................................HB 1953 Five-person board of commissioners; create.................................................................HB 1483
"MURRAYVILLE DAY"; proclaim April 28, 1990....................................................HR 1208
MUSCOGEE COUNTY; Board of Education Study Committee; create ..................HR 311
MUSE, NEWT; commend...................................................................................................HR 894
MUSIC Georgia Music Hall of Fame Authority; create...............................................................SB 717 Georgia Music Hall of Fame Authority Overview Committee; create ........................SB 718 The Reach of Song; designate state historic drama....................................................HB 1470 "Tutti Frutti"; designate as official rock and roll song................................................HR 224

N

NASHVILLE, CITY OF; mayor and councilmen; election.......................................HB 1822
NATIONAL GUARD Employees' Retirement; certain service; credit..............................................................HB 695 License plates; certain colors ............................................................................................HB 765 License plates; certain colors .............................................................................................SB 308 License plates; Tennessee National Guard; special tags ..............................................HB 644
NATIONAL 4-H CHAMPIONS FROM GEORGIA Commend and invite to House.........................................................................................HR 628
NAVAL AIR STATION ATLANTA; commend.........................................................HR 916
NEELY, TRACY; commend ..............................................................................................HR 842
NELSON, HOYT L.; compensate.....................................................................................HR 776
NELSON ROLIHLAHLA MANDELA DAY; declare February 16, 1990.............HR 867
NEW HOPE BAPTIST CHURCH; commend ...........................................................HR 1031
NEWNAN HIGH SCHOOL FACULTY AND STUDENT BODY; commend..HR 923
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INDEX

3209

NEWTON COUNTY; board of commissioners; salary................................................HB 1836
NO FAULT INSURANCE (See Motor Vehicle Accident Insurance)
NONPROFIT CORPORATIONS Commercial driver's license; nonprofit organization vehicle; definition ............................................................................................................SB 585 Hotel-motel tax; nonprofit organizations; financial records ......................................HB 1258 Lotteries; nonprofit religious institutions.........................................................................HB 26 Public officers and employees; salary; charitable deductions....................................HB 1745 State government; nonprofit contractor; definition ....................................................HB 1782 Torts; charitable donations of food ...............................................................................HB 1277
NONRESIDENTS Hunting licenses; disabled veteran; Florida resident; reciprocity.............................HB 1925 Motor vehicles; financial responsibility; nonresidents................................................HB 1452 Motor vehicles; nonresidents; time for registration.......................................................HB 785 Real estate; salesperson's license; reinstatement requirement ..................................HB 1679 Sales tax; nonresident purchasers of motor vehicles; repeal exemption...........................................................................................................HB 1691
NORCROSS, CITY OF Homestead exemption; elderly .......................................................................................HB 1495 New charter; create ..........................................................................................................HB 1569
NORCROSS HIGH SCHOOL; commend....................................................................HR 1078
NORTH GEORGIA COLLEGE MILITARY SCHOLARSHIP DAY Designate February 28, 1990;............................................................................................HR 827
NORTHEASTERN JUDICIAL CIRCUIT District attorney's supplement.......................................................................................SB 2 EX Judges' supplement.............................................................................................................SB 405 Judges' supplement..........................................................................................................SB 3 EX
NORTHWEST WHITFIELD HIGH SCHOOL GIRLS BASKETBALL TEAM; commend ............................................................................HR 1244
NORTON, REVEREND BUDDY; commend..............................................................HR 805
NORWOOD, CHARLES W., JR., D.D.S.; commend..................................................HR 613
NORWOOD, CITY OF; new charter.............................................................................HB 1431
NUISANCES; municipalities; unfit buildings; hearings..............................................HB 1570
NURSES Georgia Registered Professional Nurse Practice Act; enact......................................HB 1250 Health Care Personnel Policy Advisory Commissions; create...................................HB 1226 Health insurance; service by certified personnel; reimbursement ..............................HB 171 Hospital authorities; powers..............................................................................................SB 229 Licensed practical nurses; license requirements..........................................................HB 1563 Nursing pools; regulation...................................................................................................HB 751
NURSING HOMES Abuse; reporting................................................................................................................HB 1865 Abuse; reporting; certain immunity...............................................................................HB 1624 Certain violations; notification ..........................................................................................SB 725 Certificate of need; conversion of certain hospital facilities......................................HB 1874 County boards of health; treatment of certain patients; standards ...........................HB 974 Durable power of attorney for health care.....................................................................HB 999 Durable Power of Attorney for Health Care Act; provide............................................SB 688

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3210

INDEX

NURSING HOMES (Continued) Health Care Personnel Policy Advisory Commission; create ....................................HB 1226 Insurance; continuing care providers; regulation.........................................................HB 1137 Receiverships; certain violations ..........................................................................................HB 3 Residential care; treatment and rehabilitation services; certain Departments to study ....................................................................................................HR 926 Sprinkler systems; requirements .......................................................................................SB 695

o

OAK RIDGE, CITY OF; Water and Sewerage Authority; repeal Act creating......HB 1778
OATHS OF OFFICE Bates, Honorable Kermit F., Jr....................................................................................Page 3025 Campbell, Honorable Thomas R., Jr...........................................................................Page 3029 Floyd, Honorable Johnny ..............................................................................................Page 3027 Streat, Honorable Van, Jr.............................................................................................Page 3032
OBSCENITY; crimes; offense of disorderly conduct .....................................................HB 542
OCMULGEE JUDICIAL CIRCUIT Addjudge..............................................................................................................................SB 548 Judges; supplement .............................................................................................................SB 731 Judges; temporary assignments; add judge ..................................................................HB 1523
OFFICE, MARY FRANCES; commend ......................................................................HR 1217
OLYMPICS Georgia State Games Commission; create ......................................................................HB 660 Metropolitan Atlanta Olympic Games Authority; amend provisions.......................HB 1754 State Games Commission; assignment to Department of Natural Resources ...........SB 568
ONE HUNDRED SIXTEENTH TACTICAL FIGHTER WING, GEORGIA AIR NATIONAL GUARD; commend..................................................HR 747
OPERATION "JUST CAUSE"; commend .................................................................HR 1175
OPTICIANS; Dispensing Opticians, Board of; termination date .................................SB 573
ORCHARD HILL, TOWN OF; mayor and council; election ......................................SB 747
ORGAN AND TISSUE DONOR AWARENESS WEEK Observe; urging...................................................................................................................HR 936 Observe; urging...................................................................................................................HR 934 Observe; urging...................................................................................................................HR 935
OSBORNE, MR. AND MRS. PAUL; congratulate ....................................................HR 949

PALMS, DR. JOHN MICHAEL; commend.................................................................HR 768 PANNELL, HONORABLE JAMES L.
Commend...........................................................................................................................HR 1124 Communication................................................................................................................Page 3047
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3211

PARADES Parade and Demonstration Cost Containment Study Committee; create.................HR 635 Permits for parades or demonstrations; restrictions ...................................................HB 1347
PARDONS AND PAROLES Certain conviction; serve one-third of sentence - CA......................................................SR 37 Certain offenses; restrictions..............................................................................................SB 280 Controlled substances; certain violations; imprison without parole .........................HB 1868 Election of Board- CA .........................................................................................................HR 25 Felony trafficking offenses; prohibitions - CA...............................................................HR 837 Notification to victims of crime .....................................................................................HB 1549 Peace Officer Standards and Training; certificate; prohibit denial after certain pardon........................................................................................................HB 188 Prisoners; transmittal information; notification .............................................................SB 354 State Board of Pardons and Paroles; election; chairman; appointment - CA...........................................................................................................HR 646 State Board of Pardons and Paroles; members; terms - CA..........................................SR 96
PARENT AND CHILD Abortion; minor; parents not responsible for health cost ..........................................HB 1603 Adoption; parental rights; failure to care for child .....................................................HB 1409 Adoption; parental rights; failure to care for child ........................................................SB 462 Adoption; revise provisions ................................................................................................SB 443 Aggravated child molestation; include certain act ......................................................HB 1453 Alimony and child support; salary deductions...............................................................HB 243 At-risk children and youth; establish certain goals; strategy .......................................SB 374 Child abuse; abusive party; removal from home .........................................................HB 1781 Child abuse; accessibility to records; certain persons.................................................HB 1319 Child abuse; accessibility to records; certain persons....................................................SB 682 Child abuse; accessibility to records; Personnel Board ..............................................HB 1280 Child abuse; admissihility of certain testimony..............................................................SB 153 Child abuse; child's statement on sexual conduct and abuse......................................HB 366 Child abuse; deprivation..................................................................................................HB 1322 Child abuse; deprivation; access to records; Personnel Board ..................................HB 1280 Child abuse; establish central registry ..........................................................................HB 1317 Child abuse; evidence; child molestation ......................................................................HB 1321 Child abuse; evidence; child's testimony on sexual conduct and abuse.....................HB 397 Child abuse; protocol committee; reporting requirements.........................................HB 1318 Child abuse; removal from home ...................................................................................HB 1320 Child abuse; reporting requirements.............................................................................HB 1316 Child abuse; reporting requirements; confidentiality....................................................HB 787 Child abuse; sexual offenses against children; age provisions .......................................HB 27 Child abuse; testimony of certain children.....................................................................HB 711 Child custody; amend proceedings...................................................................................HB 946 Child custody; amend provisions; joint and sole custody .............................................SB 477 Child custody; appeal procedures .....................................................................................SB 238 Child custody; stepparent; certain obligations .............................................................HB 1481 Children and youth; financial assistance for certain adoptions ...................................SB 679 Children; interference with visitation rights; penalties ..............................................HB 1357 Child support award; jury not required to specify reason for deviation ..................................................................................................................HB 1165 Child support; computation of award............................................................................HB 1580 Child support; limitation on action .................................................................................HB 563 Child support; noncustodial parent; amend provisions.................................................SB 212 Child support receivers; increase fee.............................................................................HB 1689 Consent for surgical and medical treatment; adult child for parent..........................HB 715 Controlled substance; distributing to unborn child; penalty .....................................HB 1146 Controlled substance; distributing to unborn child; penalty .....................................HB 1393

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3212

INDEX

PARENT AND CHILD (Continued) Criminal sexual conduct with minor; provide for offense..........................................HB 1454 Divorce; children's interest; parents attend seminar ..................................................HB 1561 Divorce; children's interest; parents attend seminar .....................................................SB 630 Employees' Retirement; domestic relations orders; requirements ..............................HB 302 Family Preservation and Child Protection Reform Act; provide..............................HB 1877 Family Preservation and Child Protection Reform Act; provide.................................SB 705 Family violence; certain facts; defendant remanded into custody...............................SB 551 House Abandonment of Infants Study Committee; create............................................HR 68 Interference with custody; define offense.......................................................................HB 633 Juvenile court; inquire into parents ability to pay certain child support ....................................................................................................HB 1615 Parental rights; termination...............................................................................................SB 509 Paternal Rights Act; enact................................................................................................HB 543 Paternity; payment of certain fees; amend provisions..................................................HB 353 Paternity test; temporary child support; final judgment..............................................SB 423 Pick-up from school by parent...........................................................................................HB 67 Wills; child born out of wedlock; inheritance ..............................................................HB 1353
PARKER, JOSEPH LEE, M.D.; commend ..................................................................HR 874
PARKS, HISTORIC AREAS AND COMMEMORATIONS Ad valorem tax; landmark historic property; fair market value ...............................HB 1578 Charities; endowment fund; historic dollar value...........................................................SB 632 Chehaw Park Authority; quorum; requirement ...........................................................HB 1015 Chickamauga and Chattanooga National Military Park; commemorating centennial .....................................................................................................................HR 5 EX Committee on Parks, Recreation, Historic Preservation and Natural Areas; create ......................................................................................................SR 414 Cyclorama; admission fee for school children; repeal exemption................................HB 920 Desmond T. Doss Medal of Honor Highway; designate...............................................HR 731 Environmental Policy Act; enact ......................................................................................SB 651 Georgia Aviation Hall of Fame; membership...............................................................HB 1557 Georgia Music Hall of Fame Authority; create...............................................................SB 717 Georgia Music Hall of Fame Authority Overview Committee; create ........................SB 718 Georgia 1992 Commission; provide...................................................................................SR 304 Glynn County; Colonel's Island; marker in honor of Governor Vandiver..................SR 297 Harriet Tubman Day; declare March 10, 1990 ..............................................................HR 751 Jekyll Island-State Park Authority; membership.............................................................SB 99 Joint Study Committee on Parks, Recreation and Natural Areas; create.................HR 811 Parks Authority Overview Committee; create..............................................................HB 1209 Secretary of State; certain authorities; remove from membership ..............................SB 460 The Reach of Song; designate state historic drama....................................................HB 1470 Time-share; delete reference to certain campsite programs ......................................HB 1546 U. S. 441 Business Historic Route; redesignate; Culver Kidd Highway; designate..................................................................................HR 592 Women in Military Service Memorial; create ................................................................HR 753 Women's History Month in Georgia;
PARRISH, HONORABLE LARRY J.; communication ..........................................Page 136
PATTERSON, BRIGADIER GENERAL BEN L.; commend................................HR 749
PATTIE, KRISTEN IVY; commend ..............................................................................HR 606
PAWNBROKERS Pawnbrokers; motor vehicle lease or purchase ..............................................................HB 372 Pawnbrokers; motor vehicles; possession before fee charged ....................................HB 1725
PAULDING COUNTY; Water Authority; abolish .....................................................HB 1771

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3213

PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY Board of education; provide............................................................................................HB 1970 Byron; annexation of state property located in Peach County ...................................HR 583 Redevelopment powers; authorization...........................................................................HB 2045
PEACH FESTIVAL, FOURTH ANNUAL; commend and invite a representative to House.....................................................................................................HR 728
PEACHTREE CITY, CITY OF; Mayor and councilmen; staggered terms ...........HB 1712
PEAGLER, CORRECTIONAL OFFICERS FERRELL AND DON PENDARVIS; commend ...................................................................................HR 1077
PEANUT BUTTER 100TH BIRTHDAY; Baskin Robbins 45th birthday; commend....................................................................................................HR 804
PELHAM, CITY OF; lease property ...............................................................................HR 586
PENAL INSTITUTIONS Accusations; district attorney's authorization .................................................................SB 421 Aggravated mutilation; create offense...........................................................................HB 1438 Commission on Criminal Sanctions and Correctional Facilities; create .....................SR 402 Controlled substances; certain violations; imprison without parole .........................HB 1868 Corrections, Department of; transfer of inmates; fees...................................................SB 149 Corrections employees; wearing hazardous clothes; prohibit requirement....................................................................................................................HB 1359 Council of Juvenile Court Judges; duties ........................................................................SB 669 County jails; confinement of inmate; jurisdiction ..........................................................SB 561 County jails; room and board; reimbursement fee........................................................HB 317 Crimes; sexual assault against persons in custody .........................................................SB 626 Detention Buildings and Facilities Authorities Law; enact..........................................SB 367 Driving under the influence; detention period.............................................................HB 1719 Evidence; defendants' testimony; impeachment.............................................................SB 217 First offenders; certain criminal records; requirements .............................................HB 1184 House Disparity in Sentencing and Sentencing Reform Study Committee; create .................................................................................................HR 70 Human Resources; delinquent child; evaluation ............................................................SB 485 Human Resources; delinquent child; transfer custody ..................................................SB 484 Income tax return form; certain designation; assignment............................................HB 792 Indemnification; in the line of duty; definition ...........................................................HB 1149 Jails; incarceration; full-time jailer on duty.................................................................HB 1728 Jails; security areas; post signs.......................................................................................HB 1688 Joint Study Committee on Jail Financing in Georgia; create .....................................HR 862 Juvenile intake workers and probation officers; state subsidies..................................SB 227 Juvenile Justice Coordinating Council; membership; duties .....................................HB 1748 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Misdemeanors; penalty; amend provisions .........................................................................HB 2 Pardons and paroles; aggravated mutilation; prohibition - CA ..................................HR 642 Pardons and paroles; attorney's representative appear before Board.........................SB 211 Pardons and paroles; certain conviction; serve one-third of sentence - CA ................................................................................................................SR 37 Pardons and paroles; certain offenses; restrictions ........................................................SB 280 Pardons and Paroles, State Board; election; chairman; appointment - CA...........................................................................................................HR 646 Parole; notification to victims of crime.........................................................................HB 1549 Peace Officer Standards and Training; certificate; prohibit denial after certain pardon........................................................................................................HB 188 Prisoners; certain requirements; educational instruction.............................................HB 386

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3214

INDEX

PENAL INSTITUTIONS (Continued) Prisoners; cost of incarceration; reimbursement to counties .....................................HB 1911 Prisoners; transmittal information; notification.............................................................SB 354 Prisons; certain medical records transfer with inmate ..................................................SB 612 Prisons; random testing for alcohol and drug abuse...................................................HB 1547 Prisons; sanitation and health requirements; standards............................................HB 1163 Privatization of Penal Institutions Study Committee; create .......................................HR 18 Probation; collection of certain fines; writs of fieri facias .........................................HB 1440 Probation; counties contract for certain services.........................................................HB 1455 Probation; ignition interlock device; installation............................................................SB 123 Probation; maximum amount of fine; increase...............................................................SB 454 Probation; revocation; stay until conviction.................................................................HB 1733 State employees; hospitals and correctional facilities; night shift supplements....................................................................................................SB 47 Supplemental Appropriations; FY ending 1989.............................................................HB 276 Witness fees; law enforcement personnel........................................................................HB 260 Youth development center; offense committed while confined; transfer ...................SB 638 Youthful offenders; place of detention; change facilities...........................................HB 1616
PENDARVIS, CORRECTIONAL OFFICERS DON AND FERRELL PEAGLER; commend..............................................................................HR 1077
PERRY, CITY OF; Perry Area Convention and Visitors Bureau Authority; create...............................................................................................................HB 1439
PERRY DOGWOOD FESTIVAL; commend ...............................................................HR 948
PESTICIDES AND PEST CONTROL Applications; post certain signs ........................................................................................HB 204 Certain records; inspection..............................................................................................HB 1770 EBDC fungicides and Benomyl on certain vegetables; urge continued use..............HR 624 Licensing requirements of applicators...........................................................................HB 1826 Pesticides; aerial contractor; licensing.............................................................................HB 552 Structural Pest Control Commission; composition .....................................................HB 1103
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PETTIT, HONORABLE BOYD; communication......................................................Page 134
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHYSICAL THERAPISTS Hospitals; equipment purchases; certain exemptions....................................................SB 133 Licensing; authority of Board .........................................................................................HB 1324 Physical Therapy, State Board; powers; definitions .....................................................HB 379 State Board of Physical Therapy; authorization .........................................................HB 1698
PHYSICIANS AND OSTEOPATHS Abortion Complications Reporting Act; create ............................................................HB 1604 Ad valorem tax; certain property of hospital authorities; exemption ........................HB 683 AIDS; HIV testing; requirements; exemption ..............................................................HB 1789 Biomedical waste; regulation ..........................................................................................HB 2033 Certain X-ray services; prohibit charges.......................................................................HB 1900 Certificate of need; revocation........................................................................................HB 1939 Child Health Services Act; create ..................................................................................HB 1040 Child Health Services Act; create .....................................................................................SB 124 Chiropractors; scope of practice .....................................................................................HB 1070 Civil actions; medical malpractice; tolling of limitations .............................................HB 895 Clinical laboratories; certain examinations ordered by chiropractors......................HB 1818

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3215

PHYSICIANS AND OSTEOPATHS (Continued) Consent for surgical or medical treatment; adult child for parent.............................HB 715 Continuing education programs .......................................................................................HB 702 Durable power of attorney for health care.....................................................................HB 999 Durable Power of Attorney for Health Care Act; provide............................................SB 688 Evidence; expert witnesses; medical malpractice; actions..........................................HB 1135 Family Practice, Joint Board; members expense allowance ......................................HB 1272 Generic drugs; certain wording on prescription forms; requirements ........................HB 709 Georgia Health Insurance Pool; create............................................................................HB 392 Health care; cost of services; review ..............................................................................HB 1813 Health Care Personnel Policy Advisory Commission; create ....................................HB 1226 Health insurance; direct payment to provider ...............................................................HB 311 Health insurance; service by certified personnel; reimbursement ..............................HB 171 Health records; patients cost for copying .....................................................................HB 1948 Home health agency; certificate of need; certain exemption.....................................HB 1383 Hospital care for pregnant women; amend provisions..................................................HB 597 Hospital; physician's application for privileges; authorization....................................HB 703 Hospitals; equipment purchases; certain exemptions ....................................................SB 133 Hospitals; staff privileges; discrimination; prohibitions ................................................SB 333 Mandated Benefits Review Act; provide ......................................................................HB 1799 Medical Assistance; certain drugs; reimbursement .....................................................HB 1755 Medical malpractice; Governor's Commission on Obstetrics........................................SB 553 Medical malpractice; mandatory arbitration; for certain claims...............................HB 1011 Mental health; medical records of deceased patient; release.....................................HB 1456 Nursing homes; abuse; reporting....................................................................................HB 1865 Nursing pools; regulation...................................................................................................HB 751 Physical Therapy, State Board; powers; definitions .....................................................HB 379 Physicians; continuing education .....................................................................................HB 798 Prepaid Limited Health Service Organization Act; provide ......................................HB 1678 Prisons; sanitation and health requirements; standards ............................................HB 1163 State Personnel Board plan; employees mail order prescription drug program...................................................................................................................HR 703 Treatment of Medicare and Medicaid patients; requirement ...................................HB 1020 Workers' compensation; selection of physician; authorization ....................................HB 359
PICKETT, HONORABLE WOODROW W., SR.; commend ...................................HR 819
PIERCE COUNTY Board of commissioners; chairman's compensation....................................................SB 1 EX State court; judge and solicitor; compensation...............................................................SB 675
PIKE COUNTY Board of commissioners; expense allowance.................................................................HB 2035 History, Association of Retired Teachers, Journal-Reporter; commend .................HR 1141 Library Board; commend ................................................................................................HR 1140
PITTS, MARGARET; commend......................................................................................HR 653
PLEASANT GROVE BAPTIST CHURCH; 120th Anniversary; commend .........HR 669
POINTE SOUTH JUNIOR HIGH SCHOOL Commend.............................................................................................................................HR 797 Technology Student Association; commend and invite to House...............................HR 979
POLK COUNTY; tax commissioner; compensation ....................................................HB 1795
POLK, HONORABLE STEVE Commend .............................................................................................................................HR 632 Condolences .......................................................................................................................HR 1070
POLLARD, JACKSON; commend..................................................................................HR 664

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3216

INDEX

POOLER, CITY OF Corporate limits ................................................................................................................HB 1038 Corporate limits; correct technical error.......................................................................HB 1009 Homestead exemption; elderly or disabled...................................................................HB 2009 Mayor and alderman; election........................................................................................HB 2012
PORTS (See Waters, Ports and Watercraft)
POST, DANIEL LAMAR, JR.; commend.....................................................................HR 807
POST MORTEM EXAM ACT Coroners; embalming expenses; payment........................................................................SB 594 Local medical examiner; definition..................................................................................HB 878 Medical Examiner Study Committee; create.................................................................HR 383 State medical examiner; provide office; coroners; requirements...............................HB 1323
POSTSECONDARY EDUCATION Colleges and universities; student incentive grants.......................................................HB 417 Drug-free Postsecondary Education Act; enact ...........................................................HB 1231 Drug-free Postsecondary Education Act; enact ...........................................................HB 1265 Education Authorization Act; additional exemption ....................................................HB 697 Education; Matthews-Dent scholarships; provide .......................................................HB 1729 Georgia Education Trust; create......................................................................................HB 819 Georgia Education Trust; create.......................................................................................SB 597 Georgia Military College; create Board of Trustees.......................................................SB 623 House Student Athlete Graduation Rate Study Committee; create ..........................HR 566 Nonpublic Postsecondary Educational Institutions Act of 1990...............................HB 1254 Postsecondary vocational education; change reference to Technical and Adult Education ...................................................................................HB 628 Postsecondary Vocational Education Laboratory Equipment and Library Research Needs Study Committee...............................................................................HR 570 Trust; create ........................................................................................................................HB 244 University System Laboratory Equipment Rehabilitation Technology and Eminent Scholars Endowment Study Committee .............................................HR 571
POWELL, J. C.; condolences..............................................................................................HR 621
PRESCOTT, BRAD; commend ........................................................................................HR 987
PRESCRIPTION DRUGS AND PHARMACISTS Generic drugs; certain wording on prescription forms; requirements........................HB 709 Generic drugs; refill provisions.........................................................................................HB 708 Medicaid Prescription Drug Bidding and Rebate Program;.........................................SB 268 Medical Assistance; certain drugs; reimbursement .....................................................HB 1755 Medical Assistance; drug application fees ....................................................................HB 1683 State Personnel Board plan; employees mail order prescription drug program...................................................................................................................HR 703 Workers' compensation; certain services; requirements ...............................................HB 686
PRICE, JAMIE; commend.................................................................................................HR 942
PRIMARIES (See Elections)
PRINTING AND DOCUMENTS; Joint Study Committee on Cost Display on State Publications; create ..............................................................................SR 110
PRISONS (See Penal Institutions)
PROBATE COURTS Contempt; penalty...............................................................................................................SB 472 Costs......................................................................................................................................SB 414

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3217

PROBATE COURTS (Continued) Estates; reporting period of fiduciaries .........................................................................HB 1392 Guardian; settlement on behalf of ward; judge's authorization ................................HB 1390 Guardianships; modification or termination; revise provisions.................................HB 1391 Judge; filling vacancy..........................................................................................................SB 449 Judges' Retirement Fund; amend provisions.................................................................HB 444 Jury trials; time for filing................................................................................................HB 1743 Marriage ceremonies; certain persons; powers................................................................SB 197 Marriage license; fees for family violence shelters ........................................................HB 196 Plats; regulations; land sales; recording ...........................................................................SB 735 Probate court judge; training required; repeal certain provisions...............................SB 445 Retirement Fund; secretary-treasurer; credit....................................................................SB 58
PROBATION Collection of certain fines; writs of fieri facias............................................................HB 1440 Counties contract for certain services ...........................................................................HB 1455 First offenders; certain criminal records; requirements .............................................HB 1184 Ignition interlock device; installation...............................................................................SB 123 Juvenile intake workers and probation officers; state subsidies..................................SB 227 Maximum amount of fine; increase..................................................................................SB 454 Pardons and paroles; aggravated mutilation; prohibition - CA ..................................HR 642 Revocation; stay until conviction...................................................................................HB 1733
PROFESSIONAL ASSOCIATION OF GEORGIA EDUCATORS Commend.............................................................................................................................HR 740
PROFESSIONS AND BUSINESSES Acupuncturists; registration; requirements...................................................................HB 1875 Administrative Services; local governments procure services at competitive prices .......................................................................................................SB 617 Administrative Services; recycled purchase from licensed dealer.............................HB 1303 Architecture; amend provisions.........................................................................................SB 230 Asbestos Safety Act; termination date.............................................................................SB 620 Auctioneers Commission; termination date.....................................................................SB 574 Bail bond business; elected officials; permissible ........................................................HB 1382 Billiard rooms; regulation...................................................................................................SB 291 Board of Registration of Used Car Dealers; composition ..........................................HB 1389 Board of Registration; Used Motor Vehicle Dismantlers, Rebuilders and salvage dealers; termination date...............................................................................HB 1296 Bonds; coverage for fuel stolen at service stations........................................................HB 517 Business Corporation Code; amend provisions............................................................HB 1361 Business license; Professional Counselors, Social Workers, Marriage and Family Therapists; exemption............................................................................HB 1490 Business license; suspension; violation of Controlled Substances Act.....................HB 1161 Business records; maintain for three years...................................................................HB 1428 Campaign contributions; certain disclosure; reporting requirements.......................HB 1363 Campaign disclosure; Ethics in Government................................................................HB 1385 Child abuse and deprivation; access to records; Personnel Board............................HB 1280 Chiropractors; scope of practice.....................................................................................HB 1070 Civil action; professional negligence; affidavit requirement........................................HB 320 Conditioned air contractor; license requirements........................................................HB 1556 Construction; electrical contractors; define premises..................................................HB 1870 Consumer reports; bankruptcy information; certain prohibitions ............................HB 1213 Consumer reports; writ of fieri facias; verification......................................................HB 1522 Contractors; licensing examination; requirements.........................................................HB 435 Contractors; timely payments to certain subcontractors............................................HB 2090 Contracts; partial restraint of trade; exceptions............................................................HB 744 Controlled substances convictions; examining board licenses; sanctions.........................................................................................................................HB 1266

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3218

INDEX

PROFESSIONS AND BUSINESSES (Continued) Counselors, Social Workers, Marriage and Family Therapists; supervisors .......................................................................................................................HB 635 Counties and municipalities; development impact fees................................................HB 796 Dental hygienists; continuing education requirements.................................................HB 705 Dental hygienists; licensing requirements.......................................................................HB 200 Dental hygienists; licensure...............................................................................................HB 953 Dentures; marked with name or social security number............................................HB 1742 Dietetics Practice Act; enact...........................................................................................HB 1414 Dispensing Opticians, Board of; termination date.........................................................SB 573 Election officials; transacting business with counties; prohibitions ............................SB 704 Environmental Protection Act of 1990..........................................................................HB 1362 Examining board licensee; certain drug conviction; sanctions ..................................HB 1653 Examining boards; questions; confidentiality .................................................................SB 588 Family Practice, Joint Board; members expense allowance ......................................HB 1272 Financial institutions; mortgage bankers and brokers; licensing ..............................HB 1104 Fire extinguishers; regulations ..........................................................................................HB 313 Firearms dealer; information required of purchaser .....................................................HB 190 Food sales; retail groceries; price label..........................................................................HB 1233 Funeral directors and embalmers; revise Code............................................................HB 1790 Georgia Competitive Practices Act of 1989; enact ........................................................HB 735 Georgia Real Estate Appraisers Board; create................................................................SB 250 Georgia Registered Professional Nurse Practice Act; enact ......................................HB 1250 Governor's Private Sector Survey Committee on Cost Control; create .....................HR 225 Health Care Personnel Policy Advisory Commission; create ....................................HB 1226 Hearing Aid Dealers, State Board of; termination date.............................................HB 1433 House Catering Business Study Committee; create......................................................HR 244 House Student Athlete Graduation Rate Study Committee; create ..........................HR 566 Income tax; amend provisions ..........................................................................................HB 482 Income tax; corporations; allocation of income..............................................................HB 467 Income tax; corporations; certain tax credits .................................................................HB 532 Innkeepers; deposit; inspection of premises at check out..........................................HB 1079 Insurance; continuing care providers; regulation.........................................................HB 1137 Insurance; fraternal benefit societies; revise provisions .............................................HB 1129 Land surveying; definition ..............................................................................................HB 1388 Land-surveyor-in-training; certification ........................................................................HB 1650 Land surveyors; continuing education...........................................................................HB 1672 Licensed practical nurses; license requirements ..........................................................HB 1563 Marriage and Family Therapists; supervisor; qualifications ........................................SB 698 Master barber; definition.................................................................................................HB 1536 Medical malpractice; Governor's Commission on Obstetrics........................................SB 553 Medical malpractice; mandatory arbitration; for certain claims...............................HB 1011 Motor Vehicle rentals; regulate ........................................................................................HB 565 Motor vehicles; tinted windshield requirements; funeral directors .............................SB 700 Municipalities; unfit buildings; hearings.......................................................................HB 1570 New residential construction; seller furnish certain plans.........................................HB 1528
Nurserymen and landscapers; agriculture priority during water shortages........................................................................-......................................HR 388
Nursing pools; regulation...................................................................................................HB 751 Pawnbrokers; motor vehicle lease or purchase ..............................................................HB 372 Pawnbrokers; property storage; fee..................................................................................HB 860 Physical therapists; licensing; authority of Board.......................................................HB 1324
Physical Therapy, State Board; powers; definitions .....................................................HB 379
Physicians; certain X-ray services; prohibit charges...................................................HB 1900
Physicians; continuing education .....................................................................................HB 798
Physicians; continuing education programs....................................................................HB 702
Physicians; treatment of Medicare and Medicaid patients; requirement................HB 1020

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3219

PROFESSIONS AND BUSINESSES (Continued) Preservation of Private Enterprise Act; enact................................................................SB 243 Principal and agent; professional services; charges .....................................................HB 1069 Professional Counselors, Social Workers, Marriage and Family Therapists, Board of; termination ................................................................................SB 572 Professional Counselors, Social Workers, Marriage and Family Therapists; licensing........................................................................................................SB 668 Professional engineer certificates; fees; exemption for elderly..................................HB 1429 Professional Engineers and Land Surveyors; composition of board ...........................SB 681 Property and casualty insurance; business by producer which controls insurer .............................................................................................................HB 1130 Property; sales contracts; disclose certain provisions.................................................HB 1405 Property; towing service; remove certain prohibition.................................................HB 1577 Real Estate Appraiser License and Certification Act; enact.....................................HB 1287 Real estate brokers; licensing; error and omission insurance; coverage ..........................................................................................................................HB 2077 Real estate brokers; licensing; error and omission insurance; coverage ..........................................................................................................................HB 2078 Real estate; housing trust fund; tax on interest ..........................................................HB 1304 Real estate; salesperson's license; reinstatement requirement..................................HB 1679 Real estate transfer tax; disclosure form; confidentiality...........................................HB 1619 Retail facilities; public restroom facilities........................................................................HB 87 Sanitarians and environmental health specialists; regulation .....................................HB 135 Small businesses; minimum amount of capital............................................................HB 1610 State Board of Funeral Service; termination date ......................................................HB 1740 State Board of Physical Therapy; authorization .........................................................HB 1698 State Board of Recreation Examiners; termination date...........................................HB 1408 State government; in-state vendors; preference..............................................................SB 613 Structural pest control; certain records; inspection....................................................HB 1770 Structural Pest Control Commission; composition .....................................................HB 1103 Talent agencies; regulation..............................................................................................HB 1977 Tanning facilities; registration..........................................................................................HB 952 Taxidermists; record requirements; licensing...............................................................HB 1629 Taxidermy Examiners, State Board of; create...............................................................HB 453 Trade; rights of ownership of works of fine art..............................................................SB 457 Used car dealers; definition.............................................................................................HB 1568 Used motor vehicle dealers; brokers and auctioneers; registration...........................HB 1084 Utility, industrial, yard and garden equipment; regulate distributors.....................................................................................................................HB 1941 Wastewater treatment plant; permit ...............................................................................HB 696
PROPERTY
Abandoned motor vehicle; towing; law enforcement officer furnish information .........................................................................................................SB 450
Abandoned motor vehicles; liens; filing fee.....................................................................SB 328 Ad Valorem Assessment Review Commission; appraiser
member; certification...................................................................................................HB 1206 Ad valorem tax; agricultural, horticultural or forest land - CA....................................HR 15 Ad valorem tax; agricultural land; preferential assessment;
file date ..........................................................................................................................HB 1335 Ad valorem tax; annual reports containing millage rate............................................HB 1540 Ad valorem tax; assess property at current use value - CA.........................................HR 836 Ad valorem tax; assessment; limit increase - CA ..........................................................HR 718 Ad valorem tax; digest disapproval; additional assessment.......................................HB 1702 Ad valorem tax; disapproval of digests; repeal certain
withholding provisions .................................................................................................HB 1730 Ad valorem tax; disapproved county digests; collection.............................................HB 1700 Ad valorem tax; education; reduce mill limitation - CA..............................................HR 111

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3220

INDEX

PROPERTY (Continued) Ad valorem tax; executions against public utilities.....................................................HB 1703 Ad valorem tax; exempt certain veterans organizations; referendum ........................HB 266 Ad valorem tax; exempt timber; provide timber yield tax - CA.................................HR 726 Ad valorem tax; freeport exemption; reduction...........................................................HB 1664 Ad valorem tax; homestead exemption; assessment - CA............................................HR 716 Ad valorem tax; homestead property; separate class - CA..........................................HR 717 Ad valorem tax; interest on late payments.....................................................................HB 776 Ad valorem tax; inventory; filing for exemption...........................................................HB 439 Ad valorem tax; landmark historic property; fair market value ...............................HB 1578 Ad valorem tax; property assessed on its existing use..................................................HB 312 Ad valorem tax; property assessed on its existing use..................................................HB 406 Ad valorem tax; property assessed on its existing use..................................................HB 418 Ad valorem tax; rate increase; limitation......................................................................HB 1543 Ad valorem tax; reevaluation or reappraisal program; reduction .............................HB 1395 Ad valorem tax; standing timber; exemption.................................................................HR 706 Ad valorem tax; standing timber; fair market value...................................................HB 1539 Ad valorem tax; standing timber part of real estate...................................................HB 1646 Ad valorem tax; tax assessors; deficiency assessments...............................................HB 2091 Ad valorem tax; transferor's liability...............................................................................HB 586 Ad valorem tax; value and millage rates by local tax officials....................................HB 930 Ad valorem tax; youth programs; additional purpose.................................................HB 1508 Administrators; bond requirements; waiver.................................................................HB 1744 Alien corporations; annual registration; filing.................................................................SB 537 Ambulances; motor vehicle insurance; requirements.....................................................SB 307 Anatomical Gift Act; donations; certain recipients; preference ................................HB 1915 Boards of equalization; appeals; authorization ..............................................................HB 846 Boards of tax assessors; removal from office; number of petitioners.......................HB 1176 Building permit; submit plans to officer of fire department.....................................HB 1537 Burial place; damage to property; penalty.....................................................................HB 211 Cemeteries; minimum size requirements ......................................................................HB 1996 Certain counties; extend covenants ...............................................................................HB 1553 Charities; endowment fund; historic dollar value...........................................................SB 632 Civil practice; land levies; notification..........................................................................HB 1811 Civil practice; sheriffs sales; dates................................................................................HB 1647 Construction; electrical contractors; define premises..................................................HB 1870 Contractors; timely payments to certain subcontractors............................................HB 2090 Controlled substances and marijuana; proceeds from sales; forfeiture ....................HB 1223 Controlled substances; contraband and forfeitures; amend provisions....................HB 1301 Counties and municipalities; personal property sales; vendor repurchase........................................................................................................................HB 391 Counties; disposition of property of certain development authorities.....................HB 1548 County boards of equalization; membership; appointments......................................HB 1460 County boards of equalization; notice of appeal; filing fee........................................HB 1660 County school district; ad valorem tax; rate limitation..............................................HB 1542 Deeds and mortgages; recording; name and address requirement............................HB 1685 Deeds conveying property; address requirement...........................................................HB 389 Derelict Motor Vehicle; abandonment; disposition........................................................SB 451 Disabled veterans; homestead exemption; extend to surviving spouse....................HB 1493 Disposition of Unclaimed Property Act; provide ...........................................................SB 746 Disturbing interred human remains ..............................................................................HB 1940 Downtown development authorities; power of eminent domain..................................SB 471
Elderly; volunteer service credit program.....................................................................HB 1867
Election officials; transacting business with counties; prohibitions ............................SB 704
Eminent domain; attorney's fees; award.......................................................................HB 1162
Eminent domain; certain maintenance of condemned property ...............................HB 1050
Escrow accounts; loan proceeds; disbursement............................................................HB 1597

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3221

PROPERTY (Continued) Estates; certain petition; signatures of heirs at law....................................................HB 1804 Estates; reporting period of fiduciaries.........................................................................HB 1392 Estates; year's support; amend provisions....................................................................HB 1803 Estates; year's support; certain property set apart.......................................................HB 460 Fiduciary; environmental risks; powers.........................................................................HB 1747 Financial institutions; mortgage bankers and brokers; licensing ..............................HB 1104 Georgia Condominium Act; amend..................................................................................HB 502 Georgia Condominium Act; amend provisions................................................................SB 650 Georgia Coordinate System; applicability.....................................................................HB 1249 Georgia Real Estate Appraisers Board; create................................................................SB 250 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Guardianships; modification or termination; revise provisions.................................HB 1391 Handicapped persons; multifamily dwellings; accessibility; date ................................SB 678 Homestead exemption; certain veterans; benefits for surviving spouses...................HB 508 House Ad Valorem Property Taxation Study Committee; create..............................HR 722 Housing; discrimination; revise provisions....................................................................HB 1202 Income tax; credit for certain homesteads or farms.....................................................HB 717 Income tax; first-time purchase of home; certain exemptions ....................................HB 419 Industrial area; ad valorem tax; removal of property - CA..........................................SR 386 Land bank authorities; establish....................................................................................HB 1662 Land Sales Act; amend provisions.................................................................................HB 1333 Land surveying; definition ..............................................................................................HB 1388 Landlord and tenant; residential leases for military personnel................................HB 1152 Liens; real estate rentals; provide..................................................................................HB 1899 Local government; appraisal requirements for purchase of property ........................HB 348 Local governments; zoning powers; standards .............................................................HB 1475 Maps and plats; recordation and filing...........................................................................HB 112 Materialman's lien; claim; notify property owner .........................................................HB 533 Mechanics' and materialmen's liens; lien and bond rights; waiver...........................HB 1515 Middle Georgia Surface and Air Transportation Commission; create .....................HB 2043 Mortgage bankers and brokers; licensing........................................................................HB 500 Mortgage bankers and brokers; licensing......................................................................HB 1023 Mortgages; additional persons who may execute cancellation .....................................SB 564 Mortgages; closing services; predetermined fee schedule...........................................HB 1136 Mortgages; Electric Membership Corporations may encumber after-acquired property................................................................................................HB 1282 Mountain Protection Act; enact............................................................................................SB 1 Municipalities; boundaries; certain exceptions..............................................................HB 278 New residential construction; seller furnish certain plans.........................................HB 1528 Pawnbrokers; motor vehicle lease or purchase ..............................................................HB 372 Pawnbrokers; motor vehicles; possession before fee charged ....................................HB 1725 Plats; regulations; land sales; recording...........................................................................SB 735 Real estate transfer tax; certain exemption .................................................................HB 1299 Real estate transfer tax; disclosure form; confidentiality...........................................HB 1619 Removal of vehicles improperly parked..........................................................................HB 212 Residential housing; accessibility for disabled and elderly..........................................HR 323 Sales contracts; disclose certain provisions ..................................................................HB 1405 Sales tax; certain lease agreements; discharge.............................................................HB 1690 Sales tax; increase; ad valorem tax relief........................................................................HB 585 Solid waste disposal; residential areas; distance requirements ...................................HB 988 Standing timber; alternative method of taxation - CA................................................HR 704
State Housing Trust Fund for Homeless; certain funds; deposit.............................HB 1697
State Housing Trust Fund for Homeless; certain funds; deposit - CA......................HR 762
Streams; certain water rights of passage..........................................................................SB 203
Superior court clerks; uniform filing fees.....................................................................HB 1289
Tax receivers; duties.........................................................................................................HB 1298

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3222

INDEX

PROPERTY (Continued) Tax sales; advertisements; written notice of execution..............................................HB 1620 Tax sales; surplus from property sale; amend provisions ..........................................HB 1300 Taxation; transfer of ownership of property; liability of purchaser.........................HB 2089 Tenant set aside dispossessory default...........................................................................HB 712 Time-share; delete reference to certain campsite programs ......................................HB 1546 Towing service; remove certain prohibition .................................................................HB 1577 Uniform rules of the road; application on certain private property.........................HB 1337 Uniform Statutory Rule Against Perpetuities; provide ..............................................HB 1349 Wills; last prior to death of testator; provide procedure............................................HB 1837 Wills; renouncement; hand delivery or by mail...........................................................HB 1834 Wills; testator's spouse; elect to take certain property...............................................HB 1311
PUBLIC ASSISTANCE Controlled substances; proceeds from forfeitures..........................................................HB 383 Economic Rehabilitation Act; revise provisions..............................................................SB 530 HMO; benefits of Medicare or Medicaid recipients; contract...................................HB 1467 Homeless; shelter and meals; implement program to provide .....................................SB 208 Indigent counsel; child deprivation cases .....................................................................HB 1322 Insurance and Educational Reinvestment Act for Aid to Families with Dependent Children.................................................................................SB 13 Loitering; post signs in public housing projects.............................................................SB 441 Lottery; hospital care for indigent persons and for educational purposes; proceeds - CA..................................................................................................HR 69 Regional development centers; supplemental funding formula; ratify.......................HR 636 State Housing Trust Fund for Homeless; certain funds; deposit .............................HB 1697 State Housing Trust Fund for Homeless; certain funds; deposit - CA......................HR 762
PUBLIC BUILDINGS Elevators; certain buildings; exemption..........................................................................HB 136 Fire protection; exemption from certain requirements .................................................SB 416 Handicapped persons; multifamily dwellings; accessibility..........................................HB 648 Hans Kurt Mueller Security Center of Armstrong State; urge designation............HR 1064 Local governments; certain buildings; display names of certain officials.........................................................................................................HB 1248 Loitering; post signs in public housing projects .............................................................SB 441 Public facilities; barriers to handicapped; funds for removal - CA............................HR 467 Smoking in public places; amend provisions..................................................................HB 707
PUBLIC OFFICERS AND EMPLOYEES Adjutant general; eligibility requirements....................................................................HB 1914 Agricultural Exposition Authority; membership; compensation ...............................HB 1374 At-risk children and youth; establish certain goals; strategy .......................................SB 374 Bail bond business; elected officials; permissible........................................................HB 1382 Campaign contributions; certain disclosure; reporting requirements.......................HB 1363 Campaign contributions; Commissioner of Insurance.....................................................HB 52 Campaign contributions; personal use; amend provisions..........................................HB 1312 Campaign contributions; personal use; prohibitions ...................................................HB 1284 Campaign disclosure; Ethics in Government................................................................HB 1385 Candidates; financial disclosure; filing.............................................................................SB 497 Certain suits; liability - CA...............................................................................................HR 777 Civil action against state agencies; Attorney General authorization - CA...........................................................................................................SR 298 Controlled substances; licensing sanction; certain occupation .....................................SB 503 Coroners; embalming expenses; payment ........................................................................SB 594 Coroner's Training Council; membership; terms............................................................SB 595 Coroner's Training Council; quorum; amend provisions...............................................SB 593 Coroners; training course; requirement............................................................................SB 192

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3223

PUBLIC OFFICERS AND EMPLOYEES (Continued) Counties and Municipalities; offices providing goods or services; prohibitions........................................................................................................HB 13 Drug-free Public Work Force Act; enact ......................................................................HB 1267 Drug-free Public Work Force Act; enact .........................................................................SB 500 Drug-free Public Work Force Act of 1990; enact ........................................................HB 1203 Drug testing; certain state officials and employees and certain candidates............................................................................................................SB 545 Elderly; volunteer service credit program.....................................................................HB 1867 Elected officials; drug testing .........................................................................................HB 1234 Emergency management rescue specialists; indemnification - CA .............................HR 588 Employee Benefit Plan; flexible benefits; self-insured plan.........................................SB 417
Employees' Retirement; allowance and calculation of benefits.................................HB 1095 Employees' Retirement; average final compensation; clarification...........................HB 1013
Employees' Retirement; certain forfeited annual and sick leave; credit ......................SB 10 Employees' Retirement; certain judicial employees; membership ............................HB 1088
Employment benefits; county funds; include elected officials and personnel ................................................................................................................HB 1888
Ethics; extortion by public officials; prohibitions ..........................................................SB 218
Ethics; prohibit certain campaign contributions .............................................................HB 18 Financial disclosure; filing..................................................................................................SB 351 Funeral processions; law enforcement officers; liability .............................................HB 1246
General Assembly; certain accommodations; expense allowance ................................HB 877 Georgia Laws; publication; amend provisions..............................................................HB 1446
GeorgiaNet Authority; create..........................................................................................HB 1757 Governor and Lieutenant Governor; one six-year term - CA......................................HR 372 Governor; qualifications for election; certain prohibitions.........................................HB 1101
Health insurance; certain itemized statement..............................................................HB 1071 Health insurance; coverage for certain medicine.........................................................HB 1072
Health insurance; maximum fees for certain services ...................................................SB 447 Health insurance plans; sovereign immunity; limited waiver ......................................HB 279
Income tax; local peace officers retirement benefits; exemption ................................HB 429 Indemnification; emergency medical technicians; coverage .......................................HB 1630 Indemnification; in the line of duty; definition...........................................................HB 1149
Indemnification; law enforcement officer; line of duty; definition ..............................SB 444 Joint Session; message from Chief Justice of Supreme Court ....................................HR 565
Joint Study Committee on State Officials' Compensation; create .............................HR 886 Judges; removal, suspension or discipline - CA.............................................................HR 932
Labor; Public Employees Relations Commission; create..............................................HB 862 Liability insurance; immunity.........................................................................................HB 1122 Lieutenant Governor; abolish office - CA.......................................................................HR 100
Lieutenant Governor and Speaker, House of Representatives; limit terms - CA..............................................................................................................HR 631
Lobbying; certain state employees; prohibitions ...........................................................HB 122
Medical Examiner Study Committee; create .................................................................HR 383 Merit system; employee hearing; representation .............................................................HB 77
Merit System; medical leave ...............................................................................................HB 83 Moral turpitude conviction; prohibit holding civil office..............................................SB 430 Moral turpitude conviction; prohibit holding state office - CA....................................HR 32
Moral turpitude conviction; prohibit holding state office - CA...................................SR 423 Municipal officers and employees; compensation increases; date................................SB 364
Nonprofit agencies; certain contracts with Human Resources; immunity ..............HB 1326 Officials; recall elections ......................................................................................................HB 73 Planning and Budget, Office of; continuation budget report .......................................SB 326
Post-mortem examination; local medical examiner; definition ...................................HB 878 Post-mortem examination; notification of death to coroner......................................HB 1652
Property appraisers; termination of employment on qualifying for public office.............................................................................................................HB 1338

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3224

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) Public officials; certain crimes; ineligibility to hold office - CA..................................SR 116 Public officials; compensation ..........................................................................................HB 496 Public officials; malfeasance; punishment .......................................................................SB 600 Public records; certain disclosure of applicants; requirements .................................HB 1471 Qualifying for state office; mandatory drug testing ....................................................HB 1906 Recall Act; legal sufficiency; definition............................................................................SB 486 Recall; sufficiency review petitions ................................................................................HB 1656 Retirement; public employees convicted of certain crimes; forfeit benefits...............................................................................................................HB 1145 Salary; charitable deductions; liability ..........................................................................HB 1745 Session laws and journals; distribution .........................................................................HB 1271 State employees; benefits; definition of full-time..........................................................HB 724 State employees; certain dismissal; compensation .............................................................SB 3 State employees; certain suggestions; savings awards...................................................HB 516 State employees; commercial driver's license fees; reimbursement..........................HB 1595 State employees; hospitals and correctional facilities; night shift supplements....................................................................................................SB 47 State employees; interdepartmental transfer; test period............................................HB 167 State employees; interdepartmental transfers................................................................HB 343 State employees; interdepartmental transfers; working test period.........................HB 1094 State Employees; on call time; compensation.....................................................................SB 2 State employees; overtime pay in lieu of compensatory time ........................................SB 46 State employees; random drug testing..........................................................................HB 1171 State employees; random drug testing..........................................................................HB 1264 State employees; random drug testing.............................................................................SB 502 State employees; sick leave; authorization....................................................................HB 1513 State employees; sick leave; compensation of regular workday ...................................SB 525 State employees; two breaks during eight-hour shift; urge .........................................HR 980 State employees; two breaks during eight-hour shift....................................................SB 555 State employees; working test employee; amend application...........................................SB 9 State employment; drug testing.....................................................................................HB 1170 State employment; drug testing.....................................................................................HB 1263 State Government; certain elections; secret ballot........................................................HB 890 State medical examiner; provide office; coroners; requirements...............................HB 1323 State officials and employees; political activities...............................................................SB 6 State officials; election by plurality - CA.........................................................................HR 24 State Personnel Board plan; employees mail order prescription drug program...................................................................................................................HR 703 State property; full-time employees; remain in office 3 days each week..........................................................................................................................SB 469 Teachers and public school employees; flexible benefit plan......................................HB 452 Teachers; transfer employment; Central State Hospital; salary adjustment............................................................................................................HB 917 Transportation Department; contracts; agreement for drug-free workplace ......................................................................................................HB 1230 United States House of Representatives and United States Senate; limit terms; urge Constitutional Amendment............................................................HR 957
PUBLIC PROPERTY Acquisition; time for recording..........................................................................................SB 707 Atlanta-Fulton County; convey property...........................................................................SR 64 Baldwin County; convey property......................................................................................HR 89 Baldwin County; convey property.......................................................................................SR 23 Baldwin County; convey property.......................................................................................SR 54 Bartow County; convey property.....................................................................................HR 314 Bartow County; grant easement.......................................................................................HR 764 Bryan County; convey property; Sapelo Island settlement.........................................HR 910

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3225

PUBLIC PROPERTY (Continued) Byron; annexation of state property located in Peach County ...................................HR 583 Calhoun County; annex certain property; City of Morgan..........................................HR 999 Chatham County; certain property; acquisition .............................................................SR 410 Chatham County; exchange of certain property............................................................HR 387 Cherokee County; convey property..................................................................................HR 850 Cobb County; grant easement..........................................................................................HR 578 Counties and municipalities; sell or grant property to state........................................SB 687 Decatur County; convey property....................................................................................HR 729 Floyd County; easement; natural gas pipeline...............................................................HR 908 Floyd County; grant easement..........................................................................................SR 427 Fulton County; convey property......................................................................................HR 580 Fulton County; grant easement; operation of transmission cable...............................HR 684 Georgia Trust for Historic Preservation, Inc; convey property...................................HR 321 Glynn County; Colonel's Island; marker in honor of Governor Vandiver..................SR 297 Glynn County; grant easement.........................................................................................HR 779 Graysville; grant easement................................................................................................HR 697 Income tax; moderately developed or developed areas; certain counties...........................................................................................................................HB 1961 Liberty County; convey property.....................................................................................HR 834 Liberty County; convey property......................................................................................SR 443 Local government; appraisal requirements for purchase of property ........................HB 348 McDuffie County; grant easement....................................................................................SR 336 Mitchell County; convey property...................................................................................HR 587 Pelham; lease property ......................................................................................................HR 586 Richmond County Board of Health; conveyance of estate or usufruct.....................HR 847 State Properties Commission; revocable license; granting............................................SB 680 State property; resolutions conveying; requirements.....................................................SB 361 Tattnall County; convey property.....................................................................................SR 335 Tattnall County; grant easement......................................................................................SR 413
PUBLIC RECORDS Air Quality Control Act; requirements for permits.......................................................HB 933 Business records; maintain for three years...................................................................HB 1428 Certain disclosure of applicants; requirements............................................................HB 1471 Certain staff services; disclosure requirement................................................................HB 701 Child abuse; accessibility to records; certain persons....................................................SB 682 Child abuse; records; accessibility..................................................................................HB 1319 Computer programs or software; exceptions...................................................................SB 699 Driver's license; provide abstracts of employees..............................................................HB 40 Hotel-motel tax; nonprofit organizations; financial records......................................HB 1258 Mental health; medical records of deceased patient; release.....................................HB 1456 Open meetings; notices; public records, definitions.......................................................SB 270
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Abandoned motor vehicle; towing; law enforcement officer furnish information .........................................................................................................SB 450 Crimes; destroying police horse; penalty.........................................................................HB 425 Derelict Motor Vehicle; abandonment; disposition........................................................SB 451 Driver's license; suspend person under 18 who withdraws from school..................HB 1190 Driver's license; suspension; defensive driving course; requirement........................HB 1031 Driver's license; suspension; notify...................................................................................SB 248 Driver's license; suspension of certain persons under 18...........................................HB 1193 Firearms dealer; information required of purchaser.....................................................HB 190 Firearms; peace officers; possession; amend provisions................................................HB 593 Handgun Roster Board; create.........................................................................................HB 189 Highways; rest areas; law enforcement; jurisdiction ...................................................HB 1435

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3226

INDEX

PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) (Continued) Indemnification; law enforcement officer; line of duty; definition..............................SB 444 Jurors; change method for composing jury lists............................................................HB 591 Law enforcement and prison guards; controlled substances; felony offense.................................................................................................................HB 1387 Law enforcement officers; injured in line of duty; compensate...................................SB 389 Law enforcement; special and high-risk occupation .....................................................HB 726 Law enforcement; special and high-risk occupation .....................................................HB 728 Law enforcement; training requirements; certain exemptions ....................................HB 844 Livestock; control of disease; enforcement......................................................................SB 517 Missing persons; exchange of certain information on juveniles................................HB 1085 Motor vehicle; fleeing or attempting to elude officer; penalty.....................................SB 642 Motor vehicle insurance; cancellation notice; certain fines..........................................HB 255 Motor vehicle insurance; restricted driving permits..........................................................SB 7 Motor vehicle theft prevention program; establish........................................................SB 655 Motorcycles; headgear; certain persons.........................................................................HB 1097 Peace officers; employment and training; Public Safety Training Center.............................................................................................................HB 1864 Police Academy; dogs and police officer dog handlers; training...............................HB 1201 Police chief emeritus; create honorary office..................................................................SB 242 Police officers; offense of eluding; penalty......................................................................SB 196 Reimbursement for certain services of state patrol......................................................HB 698 State patrol; automobile racing events; services............................................................HB 308 State patrol; certain personnel retire after 25 years service........................................HB 541 State patrol; close highways in emergency situations...................................................HB 329 State patrol; mandatory retirement; waiver...................................................................HB 527 State patrol; qualifications.................................................................................................SB 262 Students; suspension; notify law enforcement...............................................................HB 667 Witness fees; law enforcement personnel........................................................................HB 260
PUBLIC SCHOOL EMPLOYEES Education; certain retired personnel; employment eligibility......................................HB 863 Education personnel; development programs; stipends................................................HB 553 Education personnel; employment contracts..................................................................HB 548 Education personnel; minimum salaries .........................................................................HB 547 Education; sick leave for school personnel; increase...................................................HB 2004 Flexible benefit plan ..........................................................................................................HB 452 Hiring practices; discrimination..........................................................................................SR 52 Quality Basic Education; children at risk; alternate programs.................................HB 1966 Retirement System; bus drivers.......................................................................................HB 186 Teachers and certificated employees; certain employment continuation; compensation.........................................................................................HB 1054
PUBLIC UTILITIES AND TRANSPORTATION Ad valorem tax; executions against public utilities.....................................................HB 1703 Bartow County; grant easement.......................................................................................HR 764 Blasting or excavating near underground pipes; notification....................................HB 1651 Certain depository institutions; payment of bills........................................................HB 1699 Construction; electrical contractors; define premises..................................................HB 1870 Dual-party telephone relay system; hearing and speech impaired persons...........................................................................................................HB 1585 Dual party telephone relay system; physically impaired persons................................SB 591 Electric membership corporation; service charge for dormant account.....................HB 456 Electrical service; rate regulation...................................................................................HB 1411 Emergency 911 system; local governments impose monthly charge.........................HB 1422 Fax machines; unsolicited commercial messages; prohibitions..................................HB 1181 Grade crossing; protective devices; installation..............................................................SB 701

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3227

PUBLIC UTILITIES AND TRANSPORTATION (Continued) Handicapped persons; self-service fuel; cost....................................................................HB 12 House Rapid Rail Passenger Service Study Committee; create..................................HR 883 Joe A. Whitherington Bridge; designate .........................................................................HR 959 Julius Cornelius Daugherty Bridge; designate .............................................................HR 1013 Limousine services; regulation by Public Service Commission ...................................HB 912 Liquified petroleum gas; license or permit; one-time fee...........................................HB 1644 Middle Georgia Surface and Air Transportation Commission; create .....................HB 2043 Mortgages; Electric Membership Corporations may encumber after-acquired property ................................................................................................HB 1282 Motor carriers; Public Service Commission personnel; inspection...........................HB 1151 Motor fuel tax; mass transportation facilities; appropriations - CA..........................HR 911 Northeast Georgia Surface and Air Transportation Commission; add member county......................................................................................................HB 1692 Older Georgians Transportation Study Committee; create .........................................HR 634 Petroleum gas; storage facilities; requirements...............................................................SB 529 Public Service Commission; ex parte communications...............................................HB 1126 Public Service Commission; rate schedules for certain telephone areas; prohibitions ..........................................................................................................HB 162 Public Service Commission; transportation law enforcement officers .....................HB 1913 Public Service Commission; utilities engaging in least cost planning; authorization ..................................................................................................HB 684 Public Service Commission; utilities pay special fees for operating costs.................................................................................................................HB 675 Rail Passenger Authority; membership; appointment................................................HB 1775 Railroads; special officers; residency requirements .....................................................HB 1673 Rapid rail passenger service; Public Service Commission; jurisdiction....................................................................................................................'.HB 1763 Sales tax; exempt food, residential phone and electrical service ..................................HB 84 Sales tax exemption; certain property furnished by water or sewer authority...........................................................................................................HB 153 Sales tax; phone or telecommunication services; certain definition .........................HB 1701 Schools; electronic communication devices; prohibitions................................................SB 14 Solid waste; transport from one state to another; urge prohibition...........................HR 721 State-wide mass transit and heavy rail system; feasibility study ...............................HR 322 Superior court clerks; uniform filing fees .....................................................................HB 1289 Tax officials; executions against public utilities; issuance .........................................HB 1480 Telephone companies; alternate operator service; regulation....................................HB 1078 Telephone service; county boundary; rate....................................................................HB 1188 Telephone service; county boundary; rate....................................................................HB 1704 Telephone service; toll free dialing; certain intracounty calls.....................................HB 720 Telephone service; toll free dialing; certain intracounty calls......................................SB 524 Telephones; measured service basis; rate schedules....................................................HB 1938 Transportation Board; per diem; amend number of days..........................................HB 1417 Transportation, Department of; traffic control devices; installation..........................HB 395 Utility Finance Section of Public Service Commission; abolish ...............................HB 1125 Vehicles transporting forest products; exceptions.........................................................HB 887 Wiretapping; certain devices; exceptions.........................................................................SB 419
PUBLICATIONS Deceptive trade practices; copy-righted material; certain exemptions ....................HB 1497 Evidence; persons gathering news and dissemination; privilege ..................................SB 636 Georgia Laws; publication; amend provisions..............................................................HB 1446
Legal advertisements; change rates ..................................................................................SB 271
Local legislation; advertisement; authorization...............,..............................................HB 522 Sales tax; advertising; certain transactions outside of state ........................................HB 442 Sales tax; solicitation; definition of dealer ...................................................................HB 1346

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PULASKI COUNTY Board of education; election ...........................................................................................HB 1736 Deputies and personnel; operating expenses................................................................HB 1737
PULLIAM, JOHN ROBERT; commend.....................................................................HR 1115
PURVIS, PATTIE;commend.........................................................................................HR 1008
PUTNAM COUNTY; board of commissioners; compensation..................................HB 2013

Q
QUEST PROGRAM; commend........................................................................................HR 973

R
RACE TRACKS Pari-mutuel wagering; counties; referendum..................................................................HB 447 State patrol; automobile racing events; services............................................................HB 308
RADAR; visibility; distance requirements ........................................................................HB 750
RADIO Evidence; persons gathering news and dissemination; privilege ..................................SB 636 Schools; electronic communication devices; prohibitions................................................SB 14
RADLOFF, LOUISE; commend.....................................................................................HR 1040
RAGAN, HONORABLE HUGH A; communication .................................................Page 134
RAGLIN, REVEREND MOSES LEE; commend.......................................................HR 754
RAILROADS Georgia Rails Into Trails Society; express support.......................................................HR 972 Grade crossing; protective devices; installation ..............................................................SB 701 House Rapid Rail Passenger Service Study Committee; create..................................HR 883 Special officers; residency requirements .......................................................................HB 1673 State-wide mass transit and heavy rail system; feasibility study ...............................HR 322 Tax officials; executions against public utilities; issuance .........................................HB 1480 Train and Rail Service Study Committee; create ...........................................................HR 10 Transportation, Department of; traffic control devices; installation..........................HB 395
RAINEY, HONORABLE HOWARD H. Commend .............................................................................................................................HR 821 Communication; resignation..........................................................................................Page 3032
RALSTON, HONORABLE ERNEST; condolences ...................................................HR 968
RAND, VANESSA; commend...........................................................................................HR 791
RANDOLPH, DR. WILLIAM QUENTIN; commend...............................................HR 975
RANGEL, OSCAR; compensate .......................................................................................HR 265
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3229

RAPE Criminal procedure; certain offenses; period for prosecution....................................HB 1293 Sexual offenses against children; age provisions..............................................................HB 27 Statutory; victim's testimony not required to be corroborated...................................HB 299
RATHBONE, DAVID L.; commend.............................................................................HR 1149
RAY, AMY; commend.........................................................................................................HR 873
RAY CITY, CITY OF; mayor and councilmen; election............................................HB 1824
RAY, LIEUTENANT O.T.; commend..........................................................................HR 1075
REAGAN, HONORABLE RONALD; commend ........................................................HR 784
REAL ESTATE (Also, see Property) Ad valorem tax; property assessed on its existing use..................................................HB 312 Ad valorem tax; standing timber part of real estate...................................................HB 1646 Ad Valorem Assessment Review Commission; appraiser member; certification...................................................................................................HB 1206 Brokers; licensing; error and omission insurance; coverage .......................................HB 2077 Brokers; sanctions; reinstatement..................................................................................HB 1679 Deeds and mortgages; recording; name and address requirement............................HB 1685 Georgia Real Estate Appraisers Board; create................................................................SB 250 Housing; discrimination; revise prohibitions................................................................HB 1117 Housing; discrimination; revise provisions....................................................................HB 1202 Housing surcharge to transfer tax....................................................................................HB 277 Housing trust fund; tax on interest ...............................................................................HB 1304 Intangible tax; certain property; change rate.................................................................HB 450 Land Sales Act; amend provisions .................................................................................HB 1333 Licensing; error and omission insurance; coverage......................................................HB 2078 Liens; real estate rentals; provide..................................................................................HB 1899 Loans; requirements...........................................................................................................HB 653 Local government; appraisal requirements for purchase of property ........................HB 348 Property; escrow accounts; loan proceeds; disbursement...........................................HB 1597 Property; sales contracts; disclose certain provisions .................................................HB 1405 Real Estate Appraiser License and Certification Act; enact.....................................HB 1287 Real estate transfer tax; certain exemption .................................................................HB 1299 Real estate transfer tax; disclosure form; confidentiality...........................................HB 1619
REAPPORTIONMENT Census data; boards, commissions and bodies; membership; congressional districts ..................................................................................................HB 1854 Composition of certain state Senate districts .................................................................SB 598 Public records; certain staff services; disclosure requirement .....................................HB 701
RECREATION Day Camps; regulation.......................................................................................................HB 231 School bus; summer camps; transportation of students................................................SB 629 State Board of Recreation Examiners; termination date...........................................HB 1408 Time-share; delete reference to certain campsite programs ......................................HB 1546
REDEVELOPMENT (See Buildings and Housing)
REIDSVILLE, CITY OF; mayor's term; remove certain limitation........................HB 1290
RELIGION Commercial Driver's License Act; nonprofit organization vehicle; definition ............................................................................................................SB 585 Insurance; fraternal benefit societies; revise provisions .............................................HB 1129 Prayer at sporting events; urge review of lower court decision...................................HR 681

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RELIGION (Continued) Public officers and employees; salary; charitable deductions....................................HB 1745 Sales tax; tickets for certain nonprofit organizations; exemption.............................HB 1762 Teachers; religious holidays shall not be charged sick leave .....................................HB 1051 Torts; liability of clergy; exception................................................................................HB 1153
RENFROE, GILBERT; commend .................................................................................HR 1196
RESIDENTIAL FINANCE Authority; exclude persons for illegal drug activity....................................................HB 1159 Georgia Residential Finance Authority; expand powers ...............................................SB 508 Homeless; shelter and meals; implement program to provide .....................................SB 208 Housing; discrimination; revise prohibitions................................................................HB 1117 Income tax; first-time purchase of home; certain exemptions ....................................HB 419 Local governments; bonds; allocation............................................................................HB 1708
RESTAURANTS; House Catering Business Study Committee; create .....................HR 244
RETIREMENT AND PENSIONS Court Officials Retirement System; create.....................................................................HB 756 District attorneys emeritus; minimum salary.................................................................HB 230 District attorneys emeritus; practicing law; repeal certain prohibitions.............................................................................................SB 640 District Attorneys' Retirement; average annual compensation......................................SB 72 District Attorneys' Retirement; spouses' benefits.........................................................HB 681 District Attorneys' Retirement; transfer membership to Employees' Retirement..................................................................................................HB 752 Employees' Retirement; allowance and calculation of benefits.................................HB 1095 Employees' Retirement; average final compensation; clarification...........................HB 1013 Employees' Retirement; average final compensation; definition ................................HB 761 Employees' Retirement; benefit changes if spouse dies...............................................HB 116 Employees' Retirement; certain forfeited annual and sick leave; credit ......................SB 10 Employees' Retirement; certain judicial employees; membership............................HB 1088 Employees' Retirement; certain judicial membership ..................................................HB 436 Employees' retirement; certain military service; credit..................................................HB 46 Employees' Retirement; certain military service; credit...............................................HB 318 Employees' Retirement; certain military service; credit...............................................HB 755 Employees' Retirement; certain National Guard service; credit.................................HB 695 Employees' Retirement; credit for service in certain local system .............................HB 156 Employees' Retirement; domestic relations orders; requirements..............................HB 302 Employees' Retirement; family and children services; creditable service ...............................................................................................................................HB 539 Employees' Retirement; family and children services; creditable service ...............................................................................................................................HB 596 Employees' Retirement; forfeited annual and sick leave; creditable service ............................................................................................................HB 753 Employees' Retirement; General Assembly members; survivors' benefits ................HB 754 Employees' Retirement; Georgia Federal and State Shipping Point Inspection Service; creditable service...........................................................................SB 312 Employees' Retirement; Hazardous Waste Management Authority; membership.....................................................................................................................HB 769 Employees' Retirement; members transfer to Teachers Retirement..........................HB 394 Firemen's Pension Fund; increase benefits .....................................................................SB 162 Fulton County School Employees' Retirement Plan of 1990; create .........................HB 624 Future health care; prefunding.......................................................................................HB 1974 Garnishment; individual retirement accounts; certain exception .............................HB 1098 Georgia Municipal Employees' Benefit System; name change..................................HB 1639 Income tax; certain retirement income; age for exclusion..........................................HB 1759 Income tax; certain retirement income; exemption.......................................................HB 471

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3231

RETIREMENT AND PENSIONS (Continued) Income tax; certain retirement income; exemption.....................................................HB 1255 Income tax; certain retirement income; exemption ...................................................HB 1 EX Income tax; certain retirement income; exemption ...................................................HB 2 EX Income tax; certain retirement income; exemption ...................................................HB 5 EX Income tax; local peace officers retirement benefits; exemption ................................HB 429 Income tax; military and civil service retirement; exemption...................................HB 1099 Income tax; Teachers Retirement; one-time exclusion of certain contributions ....................................................................................................HB 1711 Joint Management Committee of Employees and Teachers Retirement Systems; create................................................................................................................HB 284 Joint Municipal Employees' Benefit System; certain credit unions...........................HB 262 Judges of Probate Courts Retirement Fund; amend provisions .................................HB 444 Legislative Retirement; allowance; amend provisions...................................................HB 198 Legislative Retirement; General Assembly member; prior service ...........................HB 1114 Magistrates' Retirement System; create .........................................................................HB 937 Peace Officers' Annuity and Benefit; benefit changes if spouse dies.........................HB 115 Peace officers' Annuity and Benefit; benefit provisions.................................................HB 44 Peace Officers' Annuity and Benefit; narcotics agents; eligibility ..............................HB 706 Peace Officers' Annuity and Benefit; membership; Human Resources' employees..........................................................................................SB 28 Probate court judge; training required; repeal certain provisions ...............................SB 445 Probate Court Judges' Retirement Fund; secretary-treasurer; credit...........................SB 58 Public employees convicted of certain crimes; forfeit benefits .................................HB 1145 Public retirement systems; no benefits paid when certain crimes committed............................................................................................................HB 764 Public School Employees' Retirement System; bus drivers.........................................HB 186 Retirement bills; actuarial investigations; date............................................................HB 1415 Retirement systems of local law enforcement officers; urge improvement....................................................................................................................HR 782 Sheriffs' Retirement Fund; membership..........................................................................SB 455 Sheriffs' Retirement Fund; single life annuity ...............................................................SB 121 South Africa; prohibit investments of retirement funds ................................................HB 82 State patrol; certain personnel retire after 25 years service ........................................HB 541 State patrol; mandatory retirement; waiver ...................................................................HB 527 Superior Court Clerks' Retirement Fund; benefits .....................................................HB 1035 Superior court; judge serve while member of Retirement System .............................HB 570 Superior Court Judges' Retirement; certain creditable service...................................HB 441 Superior Court Judges' Retirement; mandatory age...................................................HB 1632 Superior Court Judges' Retirement; Trial Judges and Solicitors Retirement; membership ..................................................................................................SB 79 Superior Courts; certain judge serve another term..........................................................SB 76 Superior courts; service by senior judges; amend provisions.......................................HB 676 Supreme Court and Court of Appeals; justices and judges; mandatory retirement ..................................................................................................HB 1633 Teachers Retirement; accumulated sick leave; limitation............................................HB 179 Teachers Retirement; benefits; increase .......................................................................HB 1726 Teachers Retirement; certain payments to Board of Trustees .................................HB 1245 Teachers Retirement; certain private schools; creditable service ................................SB 344 Teachers Retirement; certain public school personnel; membership.........................HB 727 Teachers Retirement; certain supported schools; credit ..............................................HB 557 Teachers Retirement; change title of executive officer ..............................................HB 1560
Teachers Retirement; creditable service visiting scholar .............................................HB 109
Teachers Retirement; postretirement benefit adjustment ...........................................HB 737
Teachers Retirement; postretirement benefit adjustment ...........................................HB 738
Teachers Retirement; pregnancy leave; credit ...............................................................HB 273
Teachers Retirement; reestablish certain creditable service........................................HB 459

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RETIREMENT AND PENSIONS (Continued) Teachers Retirement; reestablishing creditable service..............................................HB 1092 Teachers Retirement; reestablishment of creditable service .......................................HB 964 Teachers Retirement; teaching service for handicapped children; credit...............................................................................................................................HB 1091 Teachers Retirement; transfer by faculty of University System.................................HB 639 Teachers Retirement; transfer from local system; refund............................................HB 623 Teachers Retirement; unused sick leave; creditable service ...........................................SB 17 Teachers Retirement; years of service regardless of age ..............................................HB 197 Teachers Retirement; 30 years service ...............................................................................SB 80 Teachers Retirement; service requirement .......................................................................HB 28 Teachers Retirement; transfer service from Employees' Retirement System .......................................................................................................HB 1110 Trial Judges and Solicitors' Retirement; average annual compensation ......................SB 71 Trial Judges and Solicitors' Retirement; mandatory age...........................................HB 1635
REVENUE BONDS Atlanta; bonded indebtedness without referendum; educational purposes................SR 122 Expenditure of funds other than stated ..........................................................................SB 554 Financing and Investment Commission; capital appreciation bonds; higher education..............................................................................................................HB 457 Governmental projects; urge resistance to reduce.........................................................HR 723 Revenue debt; business loans to encourage economic development - CA..................SR 387
RHODENIZER, CARL G.; recognize and commend....................................................HR 904
RICE, ROY; commend.......................................................................................................HR 1029
RICHARD B. RUSSELL AIRPORT; compensation .................................................HR 682
RICHARDSON, HONORABLE ELEANOR Commend...........................................................................................................................HR 1001 Commend...........................................................................................................................HR 1122
RICHMOND COUNTY Augusta-Richmond County Commission on Disadvantaged Youth; re-create..........HR 639 Board of Health; conveyance of estate or usufruct.......................................................HR 847 Civil court; change jurisdiction.......................................................................................HB 1892 State court; solicitor's compensation .............................................................................HB 2001
RINCON, TOWN OF; corporate limits .........................................................................HB 2016
RINGLING BROTHERS AND BARNUM AND BAILEY CIRCUS; commend........................................................................................HR 755
RIVERDALE, CITY OF Corporate limits ................................................................................................................HB 2064 Homestead exemption......................................................................................................HB 1959
RIVERS AND LAKES Boats; discharging sewage on certain lakes; prohibitions...........................................HB 1807 Boats; discharging sewage on Lake Lanier; exceptions ..............................................HB 1695 Fishing; sport trotlines; remove certain prohibitions..................................................HB 1100 House Savannah River Basin Study Committee; create ..............................................HR 106 Houseboats; operation on certain lakes; prohibitions....................................................SB 490 Joint West Point Lake Study Committee; create .........................................................HR 693 Pollution; House Natural Resources and Environment Committee to study ...........HR 367 Pollution; lake water quality standard; establish ........................................................HB 1532 River Corridor Protection Act; enact ............................................................................HB 1133 Salt-water fishing; license fees...........................................................................................SB 741 Streams; certain water rights of passage..........................................................................SB 203

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3233

RIVERS AND LAKES (Continued) Water pollution; combined sewer overflow system; permit .......................................HB 1535 Water pollution; combined sewer overflow system; permit ..........................................SB 605 Water pollution; combined sewer overflow; treatment plan......................................HB 1533 Water pollution; combined sewer overflow; treatment plan.........................................SB 606 Water pollution; study portion of Chattahoochee River Basin.................................HB 1534 Water quality; certain lakes; standards ...........................................................................SB 714 Water Quality Control Act; violation; penalty................................................................SB 608 Water quality control; phosphate detergents ...............................................................HB 1218 Water Quality control; phosphate detergents .................................................................SB 696 Water Supply Protection Act; enact................................................................................HB 184
RIVERS, BARBARA K.; commend ................................................................................HR 954
ROBBINS, WILLIAM HENRY; commend................................................................HR 1010
ROBERTS, HONORABLE WILLIAM LEE; commend ..........................................HR 878
ROBERTSON, MS. PAT; commend.............................................................................HR 1140
ROBINSON, CORA; commend ........................................................................................HR 820
ROBINSON, LEE; invite to House..................................................................................HR 769
ROBINSON, OFFICER M.; commend.........................................................................HR 1075
ROBINSON, ROBERT EDWARD; condolences.........................................................HR 976
ROCKDALE COUNTY Board of commissioners; compensation.........................................................................HB 1982 Board of education; election ...........................................................................................HB 2076 Chief magistrate; salary ...................................................................................................HB 1983 Clerk of superior court; compensation ..........................................................................HB 1990 Coroner; compensation.....................................................................................................HB 1984 Probate court; judge's compensation.............................................................................HB 1981 Sheriffs compensation.....................................................................................................HB 1985 State court; judge's salary ...............................................................................................HB 1980 Tax commissioner; salary ................................................................................................HB 1989
RODDENBERY, JULIEN B.; commend...................................................................HR 9 EX
ROLAND, GEORGE; compensate......................................................................................HR 77
ROWELL, JULIE; commend ............................................................................................HR 907
RUSSELL, ERK; commend...............................................................................................HR 699
RUTTER, RICHARD; compensate on behalf of Valerie A. Rutter...........................HR 116

SAILERS, EMILY; commend...................................................................................-.......HR 873
SALES AND USE TAX Advertising; certain transactions outside of state .........................................................HB 442 Aircraft; definition for exemption purposes ...................................................................HB 900 Amend provisions ...............................................................................................................HB 490 Certain aircraft labor and materials; exemption ...........................................................HB 899
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INDEX

SALES AND USE TAX (Continued) Certain dealers; estimated tax liability .........................................................................HB 1618 Certain evasion; penalties................................................................................................HB 1253 Certain industrial materials; exemption..........................................................................HB 293 Certain lease agreements; discharge..............................................................................HB 1690 Certain motor vehicle sales ...............................................................................................HB 655 Certain property and services; rate..................................................................................HB 650 Certain property of Boy Scouts or Girl Scouts; exemption .........................................HB 158 Exempt food ..........................................................................................................................HB 78 Exempt food, residential phone and electrical service ...................................................HB 84 Exemption; certain property furnished by water or sewer authority.........................HB 153 Exemption on fuel, supplies, or equipment; commercial shrimpers...........................HB 374 Export; certain exemption; clarification..........................................................................HB 594 Food exemptions; amend.................................................................................................HB 1281 Food Sales Income Tax Credit Act of 1989; enact.........................................................HB 714 Fuel to heat structures for raising swine; exemption..................................................HB 1468 Georgia Tax Reform Commission of 1990; create .........................................................HR 294 Increase; ad valorem tax relief..........................................................................................HB 585 Increase rate........................................................................................................................HB 505 Increase rate; food and drugs; exemption.......................................................................HB 416 Increase; repeal special county sales tax.........................................................................HB 493 Joint county and municipal sales tax; distribution of proceeds................................HB 1307 Joint county and municipal sales tax; interest on proceeds ......................................HB 1738 Local governments; sales tax without certain limitation - CA....................................HR 279 Local option sales tax; food exemption; applicability.................................................HB 1658 Metal coins and bullion; exemption...............................................................................HB 1087 Motor fuel; remove exemption from sales tax ...............................................................HB 338 Nonresident purchasers of motor vehicles; repeal exemption ...................................HB 1691 Phone or telecommunication services; certain definition ...........................................HB 1701 Rate on certain purchases and services...........................................................................HB 365 Sales of aircraft, vehicles and vessels; imposition .........................................................HB 172 Second motor fuel tax; refund for diesel fuel purchases ..............................................HB 423 Separate proposals for each project.................................................................................HB 693 Solicitation; definition of dealer.....................................................................................HB 1346 Special county one percent sales tax; proceeds; record ..............................................HB 1444 Special county one percent sales tax; use of proceeds..................................................HB 986 Special county sales tax; amend or repeal provisions...................................................HB 267 Special county sales tax; change termination date........................................................HB 228 Special County sales tax; educational purposes - CA.....................................................HR 95 Special County sales tax; educational purposes - CA...................................................HR 168 Special county sales tax; separate proposals ..................................................................HB 506 Special one percent sales tax; educational purposes - CA ...........................................HR 227 Special purpose county sales tax; certain projects ......................................................HB 1473 Special sales tax; amend provisions relating to repeal .................................................HB 150 Tickets for certain nonprofit organizations; exemption .............................................HB 1762
SANCTITY OF LIFE PROGRAM; Pointe South First Baptist Church; commend.....................................................................................HR 1210
SANDERS, MILTON; commend and recognize............................................................HR 953
SANDERSVILLE, CITY OF; new charter .................................................................HB 1839
SANDY SPRINGS, CITY OF Cobb County; annex certain territory ..............................................................................SB 295 New charter..........................................................................................................................SB 745 New charter; incorporate ...................................................................................................HB 275
SANTA CLAUS, CITY OF; corporate limits..............................................................HB 2084

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3235

SAVANNAH, CITY OF Corporate limits...................................................................................................................SB 399 Mayor; limitation on terms.............................................................................................HB 1649 One at-large alderman who shall serve as vice-mayor ...................................................SB 686 Savannah-Chatham County Anti-Drug Commission; provide...................................HB 1835 Teachers retirement; amend provisions of board ........................................................HB 1579
SAVANNAH REGIONAL MINORITY PURCHASING COUNCIL Vincent Edwards; commend ...........................................................................................HR 1147
SAYE, DR. ALBERT BERRY; condolences...............................................................HR 1055
SCHIEF, CAROLYN; compensate...................................................................................HR 276
SCHLACT, S. ALAN AND JOSEY H.; congratulate ..............................................HR 1025
SCHOOL BUSES Commercial driver's license; certain school bus drivers; fee exemption ................................................................................................................HB 1587 Motor vehicle inspection; certain vehicles ........................................................................HB 21 Quality Basic Education; transportation costs; distance requirements......................HB 398 Self-insurance plans; establish........................................................................................HB 1806 Teachers Retirement; certain public school personnel; membership .........................HB 727
SCHOOLS (Also, see Education) Child custody; pick-up from school by parent.................................................................HB 67 Controlled substances and marijuana; certain offenses; proximity to schools .....................................................................................................HB 1216 Crossing guards; citations....................................................................................................HB 39 Discharge of firearms; distance requirements ..............................................................HB 1723 Drug trafficking; school property; separate offense .......................................................SB 204 Education; alternative programs beyond regular daytime program .........................HB 1642 Education; failure to put schools in operation; funding.............................................HB 1516 Educational funds; purchase and relocation of certain existing buildings..........................................................................................................HB 1354 Electronic communication devices; prohibitions...............................................................SB 14 Quality Basic Education; certain schools to receive sparsity grants ........................HB 1667 Quality Basic Education; certain schools to receive sparsity grants ...........................SB 411 Radon gas; urge tests for presence...................................................................................HR 866 Sparsity grants for certain school systems; continuation...........................................HB 1410 Sparsity grants for fiscal year 1991 ..................................................................................SB 527 Teachers; leave school when closed; certain circumstances .......................................HB 1037 Use of tobacco on premises; prohibitions .......................................................................HB 975
SEAT BELTS Pickup trucks; exemption................................................................................................HB 1179 Safety belts and child restraints; requirements...............................................................HB 17 Safety belts; pickup trucks; exemption .........................................................................HB 1180
SECOND ANNUAL FORSYTHIA FESTIVAL; commend..................................HR 1220
SECRETARY OF STATE Certain authorities; remove from membership ...............................................................SB 460 Communications...............................................Pages 28, 166, 221, 416, 703, 1037, 1349, 1953, 2637, 3010, 3024, 3026, 3027, 3028, 3029, 3031, 3068 Election Code; amend provisions ...................................................................................HB 1167 Georgia Laws; publication; amend provisions ..............................................................HB 1446 Land Sales Act; amend provisions .................................................................................HB 1333 Lobbying; state agencies; registration..............................................................................HB 165 Session laws and journals; distribution .........................................................................HB 1271

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INDEX

SECURITIES Business Corporation Code; amend provisions ............................................................HB 1361 Certain business activities; transmission of money........................................................SB 601 Group self-insurance funds; maintenance of securities deposit ...................................SB 693 Investment adviser; registration.....................................................................................HB 1463 Principal and agent; professional services; charges.....................................................HB 1069 Securities Act of 1973; amend........................................................................................HB 1459
SEED DEVELOPMENT COMMISSION; peanuts produced as seed; prohibit assessment ..........................................................................................................HB 1365
SENATE Campaign contributions; expenditures; certain candidates..........................................HB 491 General Assembly; automatic adjournment on Fridays................................................HB 876 General Assembly; expense allowance.............................................................................HB 877 Lieutenant Governor and Speaker, House of Representatives; limit terms - CA..............................................................................................................HR 631 Notify the Senate that the House of Representatives has convened.........................HR 560 Reapportionment; composition of certain state Senate districts .................................SB 598
SENTENCING County jails; room and board; reimbursement fee........................................................HB 317 Criminal solicitation; penalty............................................................................................HB 509 Death penalty; murder as part of ceremony or ritual...................................................HB 224 Death penalty; offense of murder during apprehension...............................................HB 173 Death penalty or life imprisonment; judge's discretion................................................HB 282 Death penalty; repeal.........................................................................................................HB 330 House Disparity in Sentencing and Sentencing Reform Study Committee; create.............................................................................................................HR 70 Mentally retarded persons; death penalty; certain circumstances..............................HB 352 Misdemeanors; certain crimes; maximum fine...............................................................HB 588 Pardon and Paroles; certain conviction; serve one-third of sentence - CA ................................................................................................................SR 37 Pardons and Paroles; certain offenses; restrictions........................................................SB 280 Prisoners; transmittal information; notification .............................................................SB 354

SEXUAL OFFENSES Acts constituting sodomy................................................................................................HB 1380 Against children; age provisions.........................................................................................HB 27 Aggravated child molestation; include certain act......................................................HB 1453 Bias Crimes and Antiterrorism Task Force; establish................................................HB 1596 Certain convictions; register with sheriff......................................................................HB 1496 Crimes; sexual assault against persons in custody .........................................................SB 626 Criminal procedure; certain offenses; period for prosecution....................................HB 1293 Criminal sexual conduct with minor; provide for offense ..........................................HB 1454 Cruelty to children; admissibility of certain testimony .................................................SB 153 Educators; certain designated crimes; reporting requirements .................................HB 1521 Evidence; child's statement on sexual conduct and abuse...........................................HB 366 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Moral turpitude conviction; prohibit holding state office - CA....................................HR 32 Offense of sexual battery....................................................................................................SB 602 Sodomy; description of conduct that constitutes offense...........................................HB 1183 Statutory rape; victim's testimony not required to be corroborated..........................HB 299 Victims of crime under 14; remove prosecution limitation........................................HB 1590 Witnesses; competency of child; amend provisions.......................................................HB 218 Witnesses; testimony of child; videotape......................................................................HB 1749
SHARP, MR. AND MRS. CLAUDE L.; 50th Anniversary; commend .................HR 1182

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3237

SHERIFFS Certain deposits; interest bearing accounts..................................................................HB 1581 County jails; confinement of inmate; jurisdiction ..........................................................SB 561 Criminal procedure; remission of bonds; notification of hearings ..............................HB 426 Retirement Fund; membership..........................................................................................SB 455 Retirement Fund; single life annuity ...............................................................................SB 121 Sexual offenses; certain convictions; register with sheriff..........................................HB 1496 Special license plates; certain vehicles ..........................................................................HB 1798
SHILOH, CITY OF; homestead exemption; certain residents ..................................HB 1462
SHINHOLSTER, EARL; commend................................................................................HR 663
SHORT, NAN HAMBY; commend.................................................................................HR 678
SHOUPE, CHRISTIE; Albany Easter Seals Society; commend and invite to House............................................................................................................HR 864
SHUPING, DEBRA R. AND SHELTON A.; commend.........................................HR 1027
SIEGEL, DR. BETTY L.; commend.............................................................................HR 1143
SIMKINS, BRYAN;commend.......................................................................................HR 1016
SUMMONS, DAVID EDWARD, SR.; compensate .......................................................HR 75
SIMPSON, HONORABLE CALVIN "MACK"; condolences................................HR 1022
SKY VALLEY, CITY OF; mayor and councilmembers; terms ................................HB 2010
SLIGH, CHARLES HOWARD; condolences..............................................................HR 1160
SLOSHEYE TRAIL BIG PIG JIG; BBQ Cooking Contest; recognize ...................HR 694
SMICK, DR. KIRK L., O.D.; commend.......................................................................HR 1193
SMITH, CHRIS A.; compensate.......................................................................................HR 574
SMITH, DR. H. WILDER; 75th Birthday; commend..................................................HR 998
SMITH, EVELYN B.; compensate..................................................................................HR 573
SMITH, LIEUTENANT JOEY; commend...............................................................HR 4 EX
SMITH, MELISSA;commend..........................................................................................HR 845
SMITH, NORRIS; 50th Birthday; commend...............................................................HR 1073
SMYRE, HONORABLE CALVIN; commend ...........................................................HR 1207
SNELLVILLE, CITY OF Corporate limits................................................................................................................HB 1968 Corporate limits................................................................................................................HB 2082
SOCIAL CIRCLE Homestead exemption; disabled.....................................................................................HB 1975 Homestead exemption; elderly .......................................................................................HB 1976
SOCIAL SERVICES Access to Health Care Commission; create.......................................................................SR 70 Ad valorem tax; youth programs; additional purpose.................................................HB 1508 Aid to dependent children; school attendance; certain exceptions...........................HB 1802 Business license; Professional Counselors, Social Workers, Marriage and Family Therapists; exemption ............................................................................HB 1490 Child abuse; accessibility to records; certain persons....................................................SB 682

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3238

INDEX

SOCIAL SERVICES (Continued) Child abuse and deprivation; access to records; Personnel Board............................HB 1280 Child abuse; establish central registry ..........................................................................HB 1317 Child abuse; protocol committee; establish ..................................................................HB 1318 Child abuse; records; accessibility ..................................................................................HB 1319 Child abuse; reporting requirements .............................................................................HB 1316 Child welfare agencies; adoption; licensing requirements ..........................................HB 1550 Child welfare agencies; video equipment; installation ................................................HB 1507 Children and youth; community innovation zones; designate......................................SB 382 Children and youth; employment training; Human Resources provide...................HB 1484 Children and youth; family day-care home; definition.................................................HB 938 Children and youth; financial assistance for certain adoptions ...................................SB 679 Children and youth; services for disturbed children.....................................................HB 560 Controlled substances; forfeiture; proceeds; certain children andyouth..........................................................................................................................SB 521 Day Camps; regulation.......................................................................................................HB 231 Day-care centers; employee record checks; hearing officer; powers ............................SB 435 Delinquent child; transfer custody ...................................................................................SB 484 Dentures; marked with name or social security number............................................HB 1742 Department of Medical Assistance; interest limitation ..............................................HB 1541 Economic Rehabilitation Act; revise provisions..............................................................SB 530 Education; school social workers; employment..............................................................HB 657 Education; school social workers; employment..............................................................HB 677 Elderly; volunteer service credit program.....................................................................HB 1867 Employees' Retirement; family and children services; creditable service ...............................................................................................................................HB 539 Employees' Retirement; family and children services; creditable service...............................................................................................................................HB 596 Family Practice, Joint Board; members expense allowance ......................................HB 1272 Family Preservation and Child Protection Reform Act; provide..............................HB 1877 Family Preservation and Child Protection Reform Act; provide.................................SB 705 Governor's Commission on the Social Status of Black Males; create.........................SR 305 HMO; benefits of Medicare or Medicaid recipients; contract...................................HB 1467 Hospital care for pregnant women; amend provisions..................................................HB 597 Human Resources; delinquent child; evaluation ............................................................SB 485 Human Resources Department; child welfare services and services to courts.............................................................................................................HB 390 Indigent Care Trust Fund; provide ...............................................................................HB 1696 Indigent counsel; child deprivation cases .....................................................................HB 1322 Insurance and Educational Reinvestment Act for Aid to Families with Dependent Children .................................................................................................SB 13 Insurance; Medicare supplements; review....................................................................HB 1817 Juvenile Justice Coordinating Council; membership; duties .....................................HB 1748 Juvenile proceedings; removal of child from home.....................................................HB 1320
Lottery; hospital care for indigent persons and for educational purposes; proceeds - CA.............................................................................HR 69
Medicaid Prescription Drug Bidding and Rebate Program;.........................................SB 268 Medicaid program; urge certain action............................................................................SR 217 Medical Assistance Act; drug application fees.............................................................HB 1683 Medical assistance; allowable reimbursements; limitations .......................................HB 1661 Medical Assistance; certain drugs; reimbursement .....................................................HB 1755
Medical Assistance Department; certain agency rules; requirements ......................HB 1053
Medical Assistance; drug bidding programs and rebates .............................................HB 577
Medical Assistance; payments; recoupment .................................................................HB 1760
Medicare; supplement insurance; regulations ..............................................................HB 1674
Military appropriations; urge Congress to reduce and redirect funds to social programs.........................................................................................--...............HR 724

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3239

SOCIAL SERVICES (Continued) Physicians; treatment of Medicare and Medicaid patients; requirement................HB 1020 Postsecondary vocational education; change reference to Technical and Adult Education ...................................................................................HB 628 Professional Counselors, Social Workers, Marriage and Family Therapists, Board of; termination ...................................................................SB 572 Professional Counselors, Social Workers, Marriage and Family Therapists; licensing ..........................................................................................SB 668 Real estate; housing surcharge to transfer tax...............................................................HB 277 Regional development centers; supplemental funding formula; ratify.......................HR 636 Regional development centers; supplemental funding formula; ratify .......................SR 332 Residential care; treatment and rehabilitation services; certain Departments to study ....................................................................................................HR 926 State Housing Trust Fund for Homeless; certain funds; deposit .............................HB 1697 State Housing Trust Fund for Homeless; certain funds; deposit - CA......................HR 762 State lottery; disposition of proceeds - CA......................................................................HR 11 Transportation service for elderly and handicapped persons; amend.........................SB 567
SOLID WASTE Comprehensive Solid Waste Management Act; provide.............................................HB 1364 Comprehensive Solid Waste Management Act; provide................................................SB 533 Counties and municipalities; solid waste disposal contracts; bids...............................SB 237 Disposal; location; notification........................................................................................HB 1808 Disposal; permit provisions ................................................................................................SB 478 Disposal; residential areas; distance requirements ........................................................HB 988 Facilities; certain permits; moratorium .........................................................................HB 1358 Landfill operators; certification ........................................................................................HB 148 Recycling; urging certain support ..................................................................................HR 1038 Solid waste Planning, Recycling and Reduction Act; enact ........................................HB 521 State loans to local government; solid waste recycling and facilities - CA...........................................................................................................HR 584 Transfer from one state to another; urge prohibition ..................................................HR 721
SOUTH GEORGIA CONFERENCE OF THE UNITED METHODIST CHURCH; recognize............................................................................HR 817
SOUTH GEORGIA JUDICIAL CIRCUIT; add judge...........................................HB 1217
SOUTHERN JUDICIAL CIRCUIT; add judge .........................................................HB 298
SPEAKER OF THE HOUSE Communications.................................................................Pages 25, 133, 135, 3034, 3035, 3036
SPIVEY, HONORABLE JOHN B.; condolences ........................................................HR 897
SPORTS Day Camps; regulation.......................................................................................................HB 231 Development authorities; colleges; certain facilities used by athletic association..........................................................................................................SB 369 Georgia State Games Commission; create ......................................................................HB 660 Health; nonsewered toilet systems; regulate ..................................................................HB 619 Metropolitan Atlanta Olympic Games Authority; amend provisions .......................HB 1754 National Football League; urge Georgia Dome for 1994 Super Bowl ........................HR 707 Prayer at sporting events; urge review of lower court decision...................................HR 681 School bus; summer camps; transportation of students................................................SB 629 Sports official; offense of physical assault....................................................................HB 1148 University System of Georgia; revenue-producing facilities; financing - CA..................................................................................................................SR 397
ST. MARYS ROCK SHRIMP FESTIVAL; recognize ............................................HR 1223

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3240

INDEX

STATE COURTS OF COUNTIES Clerks; investment of certain funds.................................................................................HB 448 Court Officials Retirement System; create.....................................................................HB 756 Interrogatories; additional information .........................................................................HB 1397 Judge; residence requirements..........................................................................................HB 192 State courts; retired judges; compensation.......................................................................HB 10 Superior Court Judges Retirement; certain creditable service ....................................HB 441 Vacancies; special election - CA.......................................................................................HR 161
STATE EMPLOYEES Benefits; definition of full-time........................................................................................HB 724 Certain dismissal; compensation ...........................................................................................SB 3 Certain suggestions; savings awards ................................................................................HB 516 Commercial driver's license fees; reimbursement........................................................HB 1595 Controlled substances; licensing sanction; certain occupation .....................................SB 503 Drug-free Public Work Force Act; enact .........................................................................SB 500 Drug-free Public Work Force Act of 1990; enact ........................................................HB 1203 Drug testing .......................................................................................................................HB 1170 Drug testing.......................................................................................................................HB 1263 Drug testing; certain candidates........................................................................................SB 545 Employee Benefit Plan; flexible benefits; self-insured plan .........................................SB 417 Employees' Retirement; members transfer to Teachers Retirement..........................HB 394 Employment Security; include Georgia Federal-State Shipping Point Inspection Service employees .......................................................................................HB 540 Ethics; extortion by public officials; prohibitions ..........................................................SB 218 Health insurance; certain itemized statement..............................................................HB 1071 Health insurance; coverage for certain medicine .........................................................HB 1072 Health insurance; maximum fees for certain services ...................................................SB 447 Health insurance plans; sovereign immunity; limited waiver......................................HB 279 Hospitals and correctional facilities; night shift supplements .......................................SB 47 House Quality of Work Life Study Committee; create ................................................HR 352 Income tax; certain retirement income; exemption ...................................................HB 1 EX Income tax; certain retirement income; exemption...................................................HB 2 EX Interdepartmental transfer; test period..........................................................................HB 167 Interdepartmental transfers..............................................................................................HB 343 Interdepartmental transfers; working test period........................................................HB 1094 Joint Management Committee of Employees and Teachers Retirement Systems; create................................................................................................................HB 284 Joint Study Committee on State Officials' Compensation; create .............................HR 886 Lobbying; prohibitions.......................................................................................................HB 122 Merit system; employee hearing; representation .............................................................HB 77 Merit System; medical leave...............................................................................................HB 83 On call time; compensation....................................................................................................SB 2 Overtime pay in lieu of compensatory time......................................................................SB 46 Political activities....................................................................................................................SB 6 Public officers and employees; certain suits; liability - CA.........................................HR 777 Public officers and employees; salary; charitable deductions....................................HB 1745 Public official; moral turpitude conviction; prohibit holding civil office ...........................................................................................................SB 430 Public records; certain disclosure of applicants; requirements .................................HB 1471 Random drug testing........................................................................................................HB 1171 Random drug testing........................................................................................................HB 1264 Random drug testing...........................................................................................................SB 502 Retirement; allowance and calculation of benefits......................................................HB 1095 Retirement; average final compensation; clarification................................................HB 1013 Retirement; average final compensation; definition......................................................HB 761 Retirement; benefit changes if spouse dies.....................................................................HB 116 Retirement; certain forfeited annual and sick leave; credit............................................SB 10

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3241

STATE EMPLOYEES (Continued) Retirement; certain judicial employees; membership.................................................HB 1088 Retirement; certain judicial membership........................................................................HB 436 Retirement; certain military service; credit......................................................................HB 46 Retirement; domestic relations orders; requirements ...................................................HB 302 Retirement; forfeited annual and sick leave; creditable service..................................HB 753 Retirement; public employees convicted of certain crimes; forfeit benefits...............................................................................................................HB 1145 Sick leave; authorization..................................................................................................HB 1513 Sick leave; compensation of regular workday .................................................................SB 525 State Government; certain elections; secret ballot........................................................HB 890 State Personnel Board plan; employees mail order prescription drug program...................................................................................................................HR 703 State property; full-time employees; remain in office 3 days each week .............................................................................................................SB 469 Two breaks during eight-hour shift..................................................................................SB 555 Two breaks during eight-hour shift; urge.......................................................................HR 980 Working test employee; amend application ........................................................................SB 9
STATE FORESTRY COMMISSION; commend .......................................................HR 881
STATE GOVERNMENT Ad valorem tax; certain property; transferor's liability................................................HB 586 Administrative Procedure Act; certain Boards and Department; rules ......................SB 556 Administrative Procedure; Board of Regents and Education Department; rules.........................................................................................................HB 1520 Administrative Procedure; hearings; private session .....................................................SB 346 Administrative Services; local governments procure services at competitive prices............................................................................................................SB 617 Administrative Services; recycled paper or fiber; certain contracts.........................HB 1262 Advisory Committee on Programs for Visually and Hearing Impaired; termination date ..............................................................................................................SB 560 Assault or battery; symbolic speech; justification.......................................................HB 1551 Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders and Salvage Dealers; termination...............................................................................HB 1296 Campaign contributions; Commissioner of Insurance.....................................................HB 52 Campaign contributions; public agencies; prohibitions..............................................HB 1336 Campaign contributions; Public Service Commission.....................................................HB 65 Certain elections; secret ballot..........................................................................................HB 890 Civil action against state agencies; Attorney General authorization - CA...........................................................................................................SR 298 Commission on Economy and Efficiency in State Government; create .....................SR 140 Community Affairs; certain minimum standards; ratify..............................................HR 638 Comprehensive Solid Waste Management Act; provide.............................................HB 1364 Comprehensive Solid Waste Management Act; provide................................................SB 533 Contracts; payment bonds for public works; requirements ............................................SB 44 Counties and municipalities; sell or grant property to state........................................SB 687 County Leadership Act; provide training seminar......................................................HB 1442 Drug testing; candidates for state-wide office.................................................................SB 545 Employees; certain suggestions; savings awards............................................................HB 516 Employees; commercial driver's license fees; reimbursement....................................HB 1595 Employees; drug testing...................................................................................................HB 1170 Employees; drug testing...................................................................................................HB 1263 Employees; interdepartmental transfer; test period......................................................HB 167 Employees; interdepartmental transfers.........................................................................HB 343 Employees; interdepartmental transfers; working test period...................................HB 1094 Employees' Retirement; certain judicial membership ..................................................HB 436 Environmental Policy Act; enact ......................................................................................SB 651

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3242

INDEX

STATE GOVERNMENT (Continued) Environmental Policy Act; enact......................................................................................HB 949 Environmental Protection Act of 1990..........................................................................HB 1362 Environmental Protection Division; director; appointment.......................................HB 1566 Ethics; extortion by public officials; prohibitions ..........................................................SB 218 Financing and Investment Commission; capital appreciation bonds; higher education.........................................................................................................,....HB 457 Fire Department Grant Fund; create ............................................................................HB 1089 General Assembly; open meetings - CA...............................................................................SR 4 Georgia Aviation Hall of Fame; membership...............................................................HB 1557
Georgia Development Authority; exclude persons for illegal drug activity...................................................................................................................HB 1160
Georgia Industrial Finance Authority; create .................................................................SB 660 Georgia State Games Commission; create ......................................................................HB 660 Georgia 1992 Commission; provide...................................................................................SR 304 GeorgiaNet Authority; create..........................................................................................HB 1757 Governmental projects; revenue bonds; urge resistance to reduce ..............,..............HR 723 Governor's Private Sector Survey Committee on Cost Control; create .....................HR 225 Handgun Roster Board; create.........................................................................................HB 189 Hearing Aid Dealers, State Board of; termination date.............................................HB 1433 House Quality of Work Life Study Committee; creat,-.. ...........................................HR 352 House Strategic Planning Study Committee; create.. ... ... ....................................HR 371 Human Resources; rules; grant variances and waivers..... ... .................................HB 1457 In-state vendors; preference................................................. ...........................................SB 613 Joint Legislative Committee on Economy, Reorganization and
Efficiency in State Government; create ...........................................................................SR 7 Joint Study Committee on Cost Display on State Publications; create.....................SR 110 Joint Study Committee on Efficiency in State Government; create...........................SR 363 Joint Study Committee on State Officials' Compensation; create .............................HR 886 Loans to local government; solid waste recycling and facilities - CA ........................HR 584 Lobbying; certain state officials; registration..................................................................SB 265 Lobbying; state agencies; registration..............................................................................HB 165 MARTA; certain purchases; competitive bidding .......................................................HB 1502 MARTA; state appropriations; repeal provisions ........................................................HB 1501 Medicaid Prescription Drug Bidding and Rebate Program;.........................................SB 268 Medical Assistance Department; certain agency rules; requirements ......................HB 1053 Natural Resources, Board of; judicial review of decisions; hearing.............................SB 534 Natural Resources; certain minimum standards; ratify................................................HR 637 Natural Resources Department; minimum standards and procedures;
ratify..................................................................................................................................SR 331 Nonprofit agencies; certain contracts with Human Resources; immunity ..............HB 1326 Nonprofit contractor; definition.....................................................................................HB 1782 Open meetings; notices; public records, definitions .......................................................SB 270 Paper products manufactured from recycled paper; urge purchase...........................HR 816 Preservation of Private Enterprise Act; enact ................................................................SB 243
Professional Counselors, Social Workers, Marriage and Family Therapists, Board of; termination...................................................................SB 572
Professional Counselors, Social Workers, Marriage and Family Therapists; licensing ..........................................................................................SB 668
Public contracts; bids; certain amount..........................................................................HB 1720 Public contracts; bids; restrictions....................................................................................SB 296
Public officers and employees; liability insurance; immunity...................................HB 1122
Public officials and employees; health insurance; certain itemized statement .......................................................................................................HB 1071
Public officials; certain crimes; ineligibility to hold office - CA..................................SR 116
Public officials; compensation ..........................................................................................HB 496
Public records; certain disclosure of applicants; requirements.................................HB 1471

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3243

STATE GOVERNMENT (Continued) Public records; certain staff services; disclosure requirement.....................................HB 701 Public records; computer programs or software; exceptions.........................................SB 699 Qualifying for state office; mandatory drug testing....................................................HB 1906 Radiation control; regulation by Human Resources Department...............................HB 947 Regional development centers; supplemental funding formula; ratify.......................HR 636 Regional development centers; supplemental funding formula; ratify .......................SR 332 Rural Facilities Economic Development Act; provide ................................................HB 2087 School disciplinary hearings; open meeting provisions.................................................HB 838 Self-sufficiency Trust Fund for Mentally Disabled; create .......................................HB 1558 Smoking in public places; amend provisions..................................................................HB 707 South Africa; prohibit investments of retirement funds ................................................HB 82 State Board of Pardons and Paroles; members; terms - CA..........................................SR 96 State Board of Recreation Examiners; termination date ...........................................HB 1408 State contracts; drug-free workplace for employees..........................................................HB 9 State contracts; illegal drug activity; preclude persons convicted ............................HB 1150 State employees; two breaks during eight-hour shift; urge .........................................HR 980 State employees; two breaks during eight-hour shift ....................................................SB 555 State flag; change design .....................................................................................................HB 24 State Games Commission; assignment to Department of Natural Resources ...........SB 568 State Properties Commission; revocable license; granting............................................SB 680 State property; acquisition; time for recording...............................................................SB 707 State property; full-time employees; remain in office 3 days each week..........................................................................................................................SB 469 State property; resolutions conveying; requirements.....................................................SB 361 State Public Authorities Study Committee; create.......................................................HR 647 Technical and Adult Education Department; certain federal funds; authorization....................................................................................................................HB 584 Tenth Amendment to the United States Constitution; express consensus of General Assembly......................................................................................................HR 623 The Reach of Song; designate state historic drama....................................................HB 1470 "Tutti Frutti"; designate as official rock and roll song................................................HR 224 Vendor invoices; publication of aging reports.....................................--....................SB 236 Vidalia onion; official vegetable; designate...................................................................HB 1571 Women and minorities; participation in contracts........................................................HB 103
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PATROL POST ONE; Griffin; commend personnel ....................................HR 690
STATE PROPERTY (See Public Property)
STELSON, DR. THOMAS E.; commend....................................................................HR 1130
STEPHENS COUNTY Education District 2; composition..................................................................................HB 1371 Junior League All-Stars; commend............................................................................HR 10 EX State court judge and solicitor; compensation.............................................................HB 1529
STEPHENSON, DR. CHARLES W.; condolences......................................................TM 994
STEWART COUNTY Board of elections; create ................................................................................................HB 1494 Commissioner; election....................................................................................................HB 1485 Commissioner; revise provisions.....................................................................................HB 1102
STOCKBRIDGE; municipal court; provide ..................................................................HB 1880
STONE MOUNTAIN, CITY OF Mayor and councilmen; election...................................................................................HB 8 EX

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3244

INDEX

STONE MOUNTAIN, CITY OF (Continued) New charter .......................................................................................................................HB 1812 Stone Mountain-Britt Memorial Airport; proposed expansion...................................HR 195
STONE MOUNTAIN HIGH SCHOOL SCIENCE TEAM; commend................HR 673
STONE MOUNTAIN JUDICIAL CIRCUIT Add judge...........................................................................................................................HB 1509 Add judge..............................................................................................................................SB 577
STRATTON, MICHAEL STEVEN; commend ...........................................................HR 603
STREAT, HONORABLE VAN, JR. Election.............................................................................................................................Page 3031 Oath of office...................................................................................................................Page 3032
STRICKLAND, MICHAEL ANTHONY; condolences ...........................................HR 1180
STUART, CONSERVATION SERGEANT LEONARD; commend ..................HR 1030
STUBBS, ROSCOE; commend.......................................................................................HR 1044
STURGIS, DR. HORACE; condolences .........................................................................HR 739
SUGAR HILL, CITY OF Change corporate limits...................................................................................................HB 1891 Corporate limits...................................................................................................................SB 720
SULLIVAN, TOM; commend ...........................................................................................HR 655
SUMMERALL, WILLIAM J. "BILL; commend .......................................................HR 790
SUMNER, MARIAN A.; commend...............................................................................HR 1095
"SUPER SENIORS CLUB" OF WARNER ROBINS; commend .........................HR 743
SUPERIOR COURTS Bailable offenses before superior court judge; provisions .............................................SB 658 Certain judge serve another term .......................................................................................SB 76 Clerk; serve as juvenile court clerk..................................................................................HB 598 Clerks; investment of certain funds.................................................................................HB 448 Clerks' Retirement Fund; benefits.................................................................................HB 1035 Clerks; transcript costs; deposit .....................................................................................HB 1815 Council of Superior Court Clerks; create......................................................................HB 1220 Court Officials Retirement System; create.....................................................................HB 756 Create office of senior clerk ............................................................................................HB 1503 Criminal procedure; remission of bonds; notification of hearings ..............................HB 426 Divorce; mediation proceedings.........................................................................................SB 181 Drug offenses; superior court clerks publish names.......................................................SB 514 Judge serve while member of Retirement System ........................................................HB 570 Judges; bailable offenses; controlled substances............................................................HB 268 Judges; disqualifications; certain cases relating to zoning .........................................HB 1583 Judges; election .................................................................................................................HB 1432 Judges; election, residency requirements - CA ..............................................................HR 641 Judges' Retirement; mandatory age...............................................................................HB 1632 Judges' secretaries; salary..................................................................................................HB 141 Judges; temporary assignments; Atlanta and Ocmulgee Circuits; addjudge........................................................................................................................HB 1523 Judges; terms; election - CA.............................................................................................HR 640 Juror summonses; time limit for notification.................................................................HB 127 Magistrate Court; civil action; jury trial; transfer to another court .................................................................................................................HB 1166

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3245

SUPERIOR COURTS (Continued) Maps and plats; recordation and filing ...........................................................................HB 112 Natural Resources, Board of; judicial review of decisions; hearing.............................SB 534 Recall of public officers; sufficiency review petitions .................................................HB 1656 Service by senior judges; amend provisions....................................................................HB 676 Single-member districts in judicial circuits ..................................................................HB 1257 Statewide grand juries; create - CA....................................................................................SR 58 Temporary assignment of judges ...................................................................................HB 1969 Vacancies; special election - CA.......................................................................................HR 161
SUPREME COURT Crime prevention systems; urge implementation...........................................................SR 416 Joint Session; Governor's message; invite Justices and Judges ..................................HR 564 Joint Session; message from Chief Justice of Supreme Court ....................................HR 565 Magistrate court; disciplining of magistrates; approval..............................................HB 1565 Special license plates........................................................................................................HB 1665 Superior courts; court administrators; compensation .................................................HB 1637
SWEETWATER MIDDLE SCHOOL; commend students .....................................HR 1146
SWINT, WILLIS;commend............................................................................................HR 1158

TALENT AGENCIES; regulation..................................................................................HB 1977
TALLAPOOSA, CITY OF Corporate limits ................................................................................................................HB 2017 Mayor and council; meetings..........................................................................................HB 1830
TALLULAH FALLS, TOWN OF; mayor and council; election..............................HB 2081
TANNER, STEVEN; Troubled Children's Committee, Inc.; commend ....................HR 851
TANNING FACILITIES; registration ...........................................................................HB 952
TATTNALL COUNTY Board of commissioners; compensation.........................................................................HB 2022 Convey property..................................................................................................................SR 335 Grant easement....................................................................................................................SR 413
TATTNALL SQUARE ACADEMY Football team; commend and invite to House...............................................................HR 859 Softball team; commend and invite to House................................................................HR 890
TAXATION AND REVENUE Ad Valorem Assessment Review Commission; appraiser member; certification....................................................................................................................HB 1206 Ad valorem tax; agricultural, horticultural or forest land - CA....................................HR 15 Ad valorem tax; agricultural land; preferential assessment; file date..........................................................................................................................HB 1335 Ad valorem tax; agricultural land; present use................................................................HB 47 Ad valorem tax; annual reports containing millage rate ............................................HB 1540 Ad valorem tax; assess property at current use value - CA.........................................HR 836 Ad valorem tax; assessment; limit increase - CA ..........................................................HR 718 Ad valorem tax; certain property of hospital authority; exemption...........................HB 683 Ad valorem tax; certain property; transferor's liability ................................................HB 586
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3246

INDEX

TAXATION AND REVENUE (Continued) Ad valorem tax; county digest; furnish copies ...............................................................HB 387 Ad valorem tax; digest disapproval; additional assessment......................................-.HB 1702
Ad valorem tax; disapproval of digests; repeal certain withholding provisions ................................................................................................".HB 1730
Ad valorem tax; disapproved county digests; collection .............................................HB 1700 Ad valorem tax; education; other sources of revenue - CA .........................................HR 167 Ad valorem tax; education; reduce mill limitation - CA..............................................HR 111 Ad valorem tax; executions against public utilities.....................................................HB 1703 Ad valorem tax; exempt certain veterans organizations; referendum ........................HB 266 Ad valorem tax; exempt timber; provide timber yield tax - CA.................................HR 726 Ad valorem tax; freeport exemption; annual application...........................................HB 1211 Ad valorem tax; freeport exemption; reduction...........................................................HB 1664 Ad valorem tax; homestead exemption; assessment - CA............................................HR 716 Ad valorem tax; homestead property; separate class - CA ..........................................HR 717 Ad valorem tax; industrial area; removal of property - CA..........................................SR 386 Ad valorem tax; interest on late payments.....................................................................HB 776 Ad valorem tax; inventory; filing for exemption ...........................................................HB 439 Ad valorem tax; landmark historic property; fair market value ...............................HB 1578 Ad valorem tax; property assessed on its existing use..................................................HB 312 Ad valorem tax; property assessed on its existing use..................................................HB 406 Ad valorem tax; property assessed on its existing use..................................................HB 418 Ad valorem tax; rate increase; limitation......................................................................HB 1543 Ad valorem tax; reevaluation or reappraisal program; reduction .............................HB 1395 Ad valorem tax; standing timber; exemption.................................................................HR 706 Ad valorem tax; standing timber; fair market value...................................................HB 1539 Ad valorem tax; standing timber; part of real estate..................................................HB 1646 Ad valorem tax; tax assessors; deficiency assessments...............................................HB 2091 Ad valorem tax; value and millage rates by local tax officials ....................................HB 930 Ad valorem tax; youth programs; additional purpose.................................................HB 1508 Bingo; nonprofit games; prohibit - CA............................................................................HR 885 Boards of equalization; appeals; authorization ..............................................................HB 846 Boards of tax assessors; removal from office; number of petitioners.......................HB 1176 Business and occupation tax; failure to pay; prosecution ..........................................HB 1608 Business license; Professional Counselors, Social Workers,
Marriage and Family Therapists; exemption ...........................................................HB 1490 Cigars and cigarettes; excise tax.......................................................................................HB 480 Cigarettes; excise tax..........................................................................................................HB 691 Cigarettes; increase tax......................................................................................................HB 233 City and business improvement district; license fees and
occupational tax; surcharge.........................................................................................HB 1601 Civil practice; land levies; notification ..........................................................................HB 1811 Commercial vehicle; registration; reciprocal agreement with
other states ....................................................................................................................HB 1622 Commission on Economy and Efficiency in State Government; create .....................SR 140 Contracts; right to bring action; nonresident contractors.............................................SB 565 Counties; occupational tax and license fees; amend provisions ................................HB 1599 County Board of Education; funds for collection of unpaid school taxes ...............HB 1177 County boards of equalization; membership; appointments......................................HB 1460 County boards of equalization; notice of appeal; filing fee........................................HB 1660 County school district; ad valorem tax; rate limitation..............................................HB 1542 Disposition of Unclaimed Property Act; provide ...........................................................SB 746
Distilled spirits, beer and wine; excise tax .....................................................................HB 690
Distilled spirits; excise tax ................................................................................................HB 479
Distilled spirits; excise tax; stamps................................................................................HB 1121
Ethanol blended motor fuel; Congress urged to exempt excise tax ...........................HR 865
Food Sales Income Tax Credit Act of 1989; enact......................................................-.HB 714

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3247

TAXATION AND REVENUE (Continued) Forest products; severance taxation ..............................................................................HB 1175 Georgia Education Trust; create ......................................................................................HB 819 Georgia Tax Reform Commission of 1990; create .........................................................HR 294 Governmental projects; revenue bonds; urge resistance to reduce .............................HR 723 Homestead exemption; certain veterans; benefits for surviving spouses ...................HB 508 Hotel-motel tax; counties and municipalities; rate .......................................................HB 770 Hotel-motel tax; nonprofit organizations; financial records ......................................HB 1258 House Ad Valorem Property Taxation Study Committee; create ..............................HR 722 Income tax; accident and sickness insurance for employees; credit .........................HB 1613 Income tax; advance tuition payments; deduction........................................................HB 818 Income tax; advance tuition payments; deduction........................................................HB 232 Income tax; amend provisions ..........................................................................................HB 482 Income tax; certain income level; food tax credit........................................................HB 1659 Income tax; certain persons; tax credit ...........................................................................HB 710 Income tax; certain retirement income; age for exclusion..........................................HB 1759 Income tax; certain retirement income; exemption,......................................................HB 471 Income tax; certain retirement income; exemption.....................................................HB 1255 Income tax; certain retirement income; exemption ...................................................HB 1 EX Income tax; certain retirement income; exemption ...................................................HB 2 EX Income tax; certain retirement income; exemption ...................................................HB 5 EX Income tax; certain savings accounts; interest; exemption ........................................HB 1842 Income tax; child care credit ............................................................................................HB 241 Income tax; corporations; allocation of income..............................................................HB 467 Income tax; corporations; certain tax credits.................................................................HB 532 Income tax credit; child or dependent care......................................................................HB 25 Income tax; credit for certain homesteads or farms .....................................................HB 717 Income tax; credit for certain persons.............................................................................HB 636 Income tax exemption; certain widows and widowers; elderly ....................................HB 133 Income tax; first-time purchase of home; certain exemptions ....................................HB 419 Income tax; health coverage for certain employees; credit ........................................HB 1978 Income tax; local peace officers retirement benefits; exemption ................................HB 429 Income tax; military and civil service retirement; exemption ...................................HB 1099 Income tax; military pay and certain civilian employees; exemption ........................HB 936 Income tax; moderately developed or developed areas; certain counties...........................................................................................................................HB 1961 Income tax; pensions; lump-sum; exclusions ................................................................HB 1833 Income tax return form; certain designation; assignment............................................HB 792 Income tax; Teachers Retirement; one-time exclusion of certain contributions....................................................................................................HB 1711 Income tax; timber sales; certain exemption..................................................................HB 939 Income tax; timber sales; credit .......................................................................................HB 940 Intangible tax; certain property; change rate.................................................................HB 450 Intangible tax; financial institutions; exemption of stock..........................................HB 1623 Intangible tax; personal property; exemption; referendum..........................................HB 213 Intangible tax; returns; filing extension ........................................................................HB 1381 Joint county and municipal sales tax; distribution of proceeds................................HB 1307 Joint county and municipal sales tax; interest on proceeds ......................................HB 1738 Judicial sales; prepayment costs; requirements.............................................................HB 935 Local governments; sales tax without certain limitation - CA....................................HR 279 Local option sales tax; food exemption; applicability.................................................HB 1658 Local school boards; other sources of revenue - CA .......................................................HR 72
Malt beverages; excise tax.................................................................................................HB 477
Marijuana and controlled substances ..............................................................................HB 164
MARTA; certain purchases; competitive bidding .......................................................HB 1502
Mobile homes; decals; requirements..............................................................................HB 1425
Motor fuel; distributor; letter of credit; post in lieu of bond....................................HB 1386

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INDEX

TAXATION AND REVENUE (Continued) Motor fuel; excise tax...........................................................................................................HB 14 Motor fuel; remove exemption from sales tax ...............................................................HB 338 Motor fuel tax; cooperative agreements with other states.........................................HB 1612 Motor fuel tax; mass transportation facilities; appropriations - CA..........................HR 911 Motor fuel tax; rate ............................................................................................................HB 144 Motor fuel tax; retail sales; certain refund...................................................................HB 1447 Motor vehicle license plates; free for certain veterans .................................................HB 572 Motor vehicles; licensing and registration; tax returns; date.......................................HB 694 Motor Vehicles; revise Code............................................................................................HB 1360 Municipalities; occupational tax and license fees; amend provisions.......................HB 1600 Property appraisers; termination of employment on qualifying for public office.............................................................................................................HB 1338 Property; land bank authorities; establish....................................................................HB 1662 Public Revenue Code; reference date; Federal tax code ............................................HB 1614 Real estate; housing surcharge to transfer tax...............................................................HB 277 Real estate; housing trust fund; tax on interest ..........................................................HB 1304 Real estate transfer tax; certain exemption .................................................................HB 1299 Real estate transfer tax; disclosure form; confidentiality...........................................HB 1619 Revenue Commissioner; controlled substances; jeopardy assessment ......................HB 1252 Revenue debt; business loans to encourage economic development - CA..................SR 387 Sales and use tax; certain evasion; penalties................................................................HB 1253 Sales tax; advertising; certain transactions outside of state ........................................HB 442 Sales tax; aircraft; definition for exemption purposes..................................................HB 900 Sales tax; amend provisions ..............................................................................................HB 490 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423 Sales tax; certain aircraft labor and materials; exemption ..........................................HB 899 Sales tax; certain dealers; estimated tax liability ........................................................HB 1618 Sales tax; certain industrial materials; exemption ........................................................HB 293 Sales tax; certain lease agreements; discharge .............................................................HB 1690 Sales tax; certain motor vehicle sales ..............................................................................HB 655 Sales tax; certain property and services; rate ................................................................HB 650 Sales tax; certain property of Boy Scouts or Girl Scouts; exemption........................HB 158 Sales tax; exempt food.........................................................................................................HB 78 Sales tax; exempt food, residential phone and electrical service ..................................HB 84 Sales tax exemption; certain property furnished by water or sewer authority...........................................................................................................HB 153 Sales tax; exemption on fuel, supplies, or equipment; commercial shrimpers ....................................................................................................HB 374 Sales tax; export; certain exemption; clarification ........................................................HB 594 Sales tax; food exemptions; amend................................................................................HB 1281 Sales tax; fuel to heat structures for raising swine; exemption.................................HB 1468 Sales tax; increase; ad valorem tax relief........................................................................HB 585 Sales tax; increase rate.......................................................................................................HB 505 Sales tax; increase rate; food and drugs; exemption .....................................................HB 416 Sales tax; increase; repeal special county sales tax.......................................................HB 493 Sales tax; metal coins and bullion; exemption.............................................................HB 1087 Sales tax; nonresident purchasers of motor vehicles; repeal exemption.......................................................................................................................HB 1691 Sales tax; phone or telecommunication services; certain definition .........................HB 1701 Sales tax; rate on certain purchases and services..........................................................HB 365
Sales tax; sales of aircraft, vehicles and vessels; imposition ........................................HB 172
Sales tax; solicitation; definition of dealer ...................................................................HB 1346
Sales tax; tickets for certain nonprofit organizations; exemption.............................HB 1762
Seed Development Commission; peanuts produced as seed; prohibit assessment ......................................................................................................HB 1365
Special county one percent sales tax; proceeds; record ..............................................HB 1444

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INDEX

3249

TAXATION AND REVENUE (Continued) Special county one percent sales tax; use of proceeds..................................................HB 986 Special county sales tax; amend or repeal provisions ...................................................HB 267 Special county sales tax; change termination date........................................................HB 228 Special County sales tax; educational purposes - CA.....................................................HR 95 Special County sales tax; educational purposes - CA...................................................HR 168 Special county sales tax; separate proposals ..................................................................HB 506 Special county sales tax; separate proposals for each project .....................................HB 693 Special elections; nongeneral election year; date.........................................................HB 1476 Special one percent sales tax; educational purposes - CA .......,..........,..........,.............HR 227 Special purpose county sales tax; certain projects ......................................................HB 1473 Special sales tax; amend provisions relating to repeal .................................................HB 150 Standing timber; alternative method of taxation - CA ................................................HR 704 State Housing Trust Fund for Homeless; certain funds; deposit .............................HB 1697 State lottery; provide ...........................................................................................................HB 48 Tax and license fees; payment; amend provisions.......................................................HB 1621 Tax collectors; applicability to certain county; remove provision ...............................SB 683 Tax officials; executions against public utilities; issuance .........................................HB 1480 Tax receivers; duties.........................................................................................................HB 1298 Tax relief; elderly - CA......................................................................................................HR 238 Tax sales; advertisements; written notice of execution ..............................................HB 1620 Tax sales; surplus from property sale; amend provisions ..........................................HB 1300 Taxation; transfer of ownership of property; liability of purchaser .........................HB 2089 Wine; excise tax..................................................................................................................HB 478
TAYLOR COUNTY; Superior Court; terms ................................................................HB 1418
TAYLOR, JERALD SCOTTY; condolences...............................................................HR 1091
TAYLOR, MAJOR GENERAL H. G.; 1st Ranger Battalion; Hunter Airfield; commend ................................................................................................HR 698
TEACHERS (Also, see Education) Adult education; personnel accrue sick and annual leave.............................................SB 622 Assessments; amend provisions ........................................................................................HB 766 Certain employment continuation; compensation.......................................................HB 1054 Certification; amend provisions.........................................................................................SB 671 Certification; amend provisions on certain test...........................................................HB 1356 Certification; amend requirements ...................................................................................SB 439 Certification; fees..............................................................................................................HB 1334 Certification fees...............................................................................................................HB 1499 Certification; renewal fee.................................................................................................HB 1328 Certification; renewal fees ..................................................................................................SB 558 Education; certain retired personnel; employment eligibility......................................HB 863 Education personnel; development programs; stipends................................................HB 553 Education personnel; employment contracts..................................................................HB 548 Education personnel; minimum salaries .........................................................................HB 547 Education; sick leave for school personnel; increase...................................................HB 2004 Education; state-wide uniform annual evaluation; date...............................................HB 954 Educators; certain designated crimes; reporting requirements .................................HB 1521 Employees' Retirement; credit for service in certain local system.............................HB 156 Employees' Retirement; members transfer to Teachers Retirement..........................HB 394 Fees for certificate; certain waiver.................................................................................HB 1221 Flexible benefit plan..........................................................................................................HB 452 Grievance procedures .......................................................................................................HB 1538 Health insurance; maximum fees for certain services ...................................................SB 447 Health insurance plans; sovereign immunity; limited waiver......................................HB 279 Hiring practices; discrimination ..........................................................................................SR 52

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3250

INDEX

TEACHERS (Also, see Education) (Continued) Income tax; Teachers Retirement; one-time exclusion of certain contributions ....................................................................................................HB 1711 Joint Management Committee of Employees and Teachers Retirement Systems; create................................................................................................................HB 284 Leave school when closed; certain circumstances........................................................HB 1037 Midterm adjustments; training and experience ...........................................................HB 1077 On-the-job performance testing; qualifications for exemption..................................HB 1212 Quality Basic Education; development programs; stipends..........................................SB 708 Religious holidays shall not be charged sick leave ......................................................HB 1051 Resignation, termination, suspension or demotion; notification.................................HB 564 Retirement; accumulated sick leave; limitation .............................................................HB 179 Retirement; benefits; increase.........................................................................................HB 1726 Retirement; certain payments to Board of Trustees ..................................................HB 1245 Retirement; certain persons; creditable service .............................................................HB 458 Retirement; certain private schools; creditable service .................................................SB 344 Retirement; certain supported schools; credit................................................................HB 557 Retirement; change title of executive officer ...............................................................HB 1560 Retirement; creditable service; visiting scholar..............................................................HB 109 Retirement; postretirement benefit adjustment ............................................................HB 737 Retirement; postretirement benefit adjustment ............................................................HB 738 Retirement; pregnancy leave; credit ................................................................................HB 273 Retirement; reestablish certain creditable service.........................................................HB 459 Retirement; reestablish certain creditable service.........................................................HB 964 Retirement; reestablish certain creditable service.......................................................HB 1092 Retirement; service for handicapped children; credit.................................................HB 1091 Retirement; service requirement ........................................................................................HB 28 Retirement; transfer from local system; refund.............................................................HB 623 Retirement; transfer service from Employees' Retirement System..........................HB 1110 Retirement; unused sick leave; creditable service ............................................................SB 17 Retirement; years of service regardless of age ...............................................................HB 197 Retirement; 30 years service ................................................................................................SB 80 Schools; hiring practices; investigation ...........................................................................HR 221 Student teachers; supervisors; support specialists; payment.....................................HB 1640 Transfer employment; Central State Hospital; salary adjustment.............................HB 917 Transfer to nonteaching position after 25 years.............................................................SB 495
TEBEAU, TOM; commend ................................................................................................HR 991
TEEL, DR. JOHN W.; commend ......................................................................................SR 437
TELEPHONE AND TELEGRAPH SERVICE Alternate operator service; regulation ...........................................................................HB 1078 County boundary; rate.....................................................................................................HB 1188 Decatur County Emergency (911) Communications Service District Act; enact.........................................................................................................HB 1576 Dual-party telephone relay system; hearing and speech impaired persons...........................................................................................................HB 1585 Dual party telephone relay system; physically impaired persons................................SB 591 Emergency 911 system; local governments impose monthly charge.........................HB 1422 Fax machines; unsolicited commercial messages; prohibitions..................................HB 1181 Measured service basis; rate schedules..........................................................................HB 1938 Public Service Commission; rate schedules for certain telephone areas; prohibitions ..........................................................................................................HB 162 Sales tax; phone or telecommunication services; certain definition .........................HB 1701 Telephone service; county boundary; rate....................................................................HB 1704 Toll free dialing; certain intracounty calls .....................................................................HB 720 Toll free dialing; certain intracounty calls ......................................................................SB 524 Wiretapping; certain devices; exceptions.........................................................................SB 419

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3251

TELEVISION Cable Television Study Committee; create ....................................................................HR 354 Child welfare agencies; video equipment; installation ................................................HB 1507 Civil practice; depositions; videotaping.........................................................................HB 1055 Death penalty; televise proceedings...................................................................................HB 89 Evidence; persons gathering news and dissemination; privilege ..................................SB 636 Fulton County; grant easement; operation of transmission cable...............................HR 684 Public Telecommunications Commission; create.........................................................HB 1313 Sales tax; advertising; certain transactions outside of state ........................................HB 442 Video movies; distribution to minors; prohibitions.....................................................HB 1192 Witnesses; testimony of child; videotape ......................................................................HB 1749
TELLER, ROBERT WARREN, III; commend...........................................................HR 746
THE OWENBY COMPANY; commend ........................................................................HR 802
THE PRESS SENTINEL; 125th Anniversary; commend.........................................HR 1188
THE SAMARITAN HOUSE; commend......................................................................HR 1151
THEFT; insurance; fraudulent claim on stolen motor vehicles ...................................HB 1086
THIRD ANNUAL WILD TURKEY JAMBOREE; commend ............................HR 1177
THOMAS, ELIZABETH; recognize ................................................................................HR 905
THOMASTON, CITY OF; Thomaston-Upson County School System; merger ....HB 1413
THOMASVILLE, CITY OF; new charter....................................................................HB 1944
THOMPSON, HONORABLE STEVE; commend....................................................HR 1206
THORNTON, BLAKELY; condolences ..............................................................~.......HR 620
TIBBETTS, ALLEN LEE; commend.............................................................................HR 977
TIFT COUNTY; board of commissioners; compensate...............................................HB 1932
TOCCOA ALL-STARS LITTLE LEAGUE BASEBALL TEAM; commend....HR 600
TOLLESON, JOSEPH M.; condolences.........................................................................HR 947
TOOMBS COUNTY School superintendent; appointment.............................................................................HB 2053 Toombs County Development Authority; create .........................................................HB 1862
TOOMSBORO, CITY OF; Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority; create ...............................................................................HB 1919
TORTS Abortions; certain institutions; liability insurance; requirements.............................HB 1602 Abusive litigation; definition.............................................................................................HB 332 Certain liability; employer's failure to check employee record .................................HB 1693 Certain vehicles; safety equipment ................................................................................HB 1843 Charitable donations of food ..........................................................................................HB 1277 Child support; limitation on action .................................................................................HB 563 Civil action; professional negligence; affidavit requirement ........................................HB 320 Collateral source; subrogation.........................................................................................HB 1451 Funeral processions; law enforcement officers; immunity from liability .................HB 1246 Guardianship; certain actions by minors; bond requirements......................................SB 207 Liability of clergy; exception...........................................................................................HB 1153 Limit liability for persons handling used oil for recycling; urge.................................HR 758 Natural Resources Department; sovereign immunity; waiver ...................................HB 2007

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INDEX

TORTS (Continued) Nursing homes; reporting abuse; certain immunity ....................................................HB 1624 Public officers and employees; certain suits; liability - CA.........................................HR 777 Workers' compensation; recovery against third party tort-feasors.............................HB 319 Workers' Compensation; subrogation rights of injured employee ..............................HB 641
TOWNS COUNTY Commissioner; compensation..........................................................................................HB 1115 Ford, Clay; honorary mayor of the Woods Creek Section of the Woods Grove Community ........................................................................................HR 11 EX Sheriff; duties....................................................................................................................HB 1112
TOWNSEND, HONORABLE KILIAEN V. R.; commend ....................................HR 1110
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRAMMELL, JAMES; commend .................................................................................HR 1166
TRAMMELL, MERLE; commend.................................................................................HR 1100
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) Airports; financial assistance for certain facilities.......................................................HB 1671 Clarence Ridley Highway; designate................................................................................HR 795 Contracts; agreement for drug-free workplace.............................................................HB 1230 Dangers of driving under the influence; urge posting of signs....................................HR 832 Desmond T. Doss Medal of Honor Highway; designate...............................................HR 731 Dick Hunter Memorial Bridge; designate.......................................................................HR 761 Edna Jo Butler Parkway; designate ................................................................................HR 794 Eloise Wooldridge Bridge; designate ...............................................................................HR 909 Ernest W. Strickland Bridge and Joe A. Whitherington Bridge; designate...........................................................................................................................SR 461 Everett Floyd Dykes Highway; designate.......................................................................HR 848 F. Emory Greene Memorial Bridge; designate...............................................................HR 887 Floy Farr Parkway; designate..............................................................................................SR 36 Handicapped parking; designation....................................................................................SB 164 Highways; length of vehicles; amend provisions...............................................................SB 53 Highways; loads of tobacco or cotton; limits; exceptions...........................................HB 1669 Highways; two way left turn only lane; designate..........................................................SB 547 Highways; weights and load of vehicles; permits...........................................................HB 534 House Truck Safety Study Committee; create ..............................................................HR 407 J. R. Reeves Bridge; designate .........................................................................................HR 366 Jennie Weyman Memorial Bridge; designate..................................................................SR 280 Joe A. Whitherington Bridge; designate.........................................................................HR 931 Kaolin Parkway; designate portion of growth corridor program.................................SR 281 Luther S. Colbert Memorial Bridge; designate..............................................................HR 582 Luther V. Land Bridge and J. R. Reeves Bridge; designate ........................................SR 362 Mills B. Lane, Jr. Bridge; designate.................................................................................SR 444 Motor Fuel; remove exemption from sales tax ..............................................................HB 338 Motor fuel tax; rate............................................................................................................HB 144 Motor vehicles; amber light on loads of logs................................................................HB 1355 Motor vehicles; certain accidents; remove reporting requirements ..........................HB 1295 Motor Vehicles; weight limitations; federal specifications ...........................................HB 438 "Plantation Parkway"; General Robert L. Scott Highway; designate .......................HR 812 Sales tax and second motor fuel tax; refund for diesel fuel purchases......................HB 423 State patrol; close highways in emergency situations ...................................................HB 329 Traffic control devices; installation .................................................................................HB 395 Traffic offenses; arrest; persons may not be released....................................................SB 723

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3253

TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) (Continued) Transportation, Board of; election; Seventh Congressional District...........................Page 25 Transportation, Board of; election; Eighth Congressional District.............................Page 25 Transportation, Board of; election; Honorable James L. Conner ...................Pages 135, 136 Transportation, Board of; election; Honorable Johnny Gresham ...................Pages 133, 134 Transportation, Board of; per diem; amend number of days....................................HB 1417 Trans-South Parkway; designate ......................................................................................SR 419 U. S. 441 Business Historic Route; redesignate; Culver Kidd Highway; designate..................................................................................HR 592 Warren D. Earnest, Sr. Bridge; designate .......................................................................SR 306 William Deverell, Sr. Bridge; designate ...........................................................................SR 307
TRESPASSING; parking areas; criminal trespass by motor vehicle; sign...............HB 1158
TRIALS Appellate court; stipulated record and transcript.........................................................HB 713 Defendant furnish list of witnesses to District Attorney.............................................HB 180 Evidence; amend Code........................................................................................................SB 336 Evidence; defendants' testimony; impeachment.............................................................SB 217 Juries; first peremptory challenge..................................................................................HB 1331 Juries; prosecuting attorney peremptory challenges ...................................................HB 1332 Jury; time for filing ..........................................................................................................HB 1743 Magistrate Court; civil action; jury trial; transfer to another court.........................HB 1166 Magistrate court; civil practice; waiver of jury trial...................................................HB 1164 Speedy trials; provide.......................................................................................................HB 1676 Witnesses; competency and credibility............................................................................HB 310 Witnesses; competency of child; amend provisions.......................................................HB 218 Witnesses; testimony on direct examination................................................................HB 1675
TRUSTS (Also, see Wills, Trusts and Administration of Estates) Attorneys; trust accounts of client's funds; proceeds....................................................HB 105 Corporations; effectuate insurance upon certain employees; authorization.....................................................................................................................SB 523
TUCKER HIGH SCHOOL ATHLETIC TEAMS; commend ...............................HR 1183
TURKETT, ROBERT LA VALE; commend...............................................................HR 1181
TURNER, R. E. "TED"; commend and invite to House............................................HR 1071
TUSKEGEE AIRMEN, INC.; commend .....................................................................HR 1090
"TUTTI FRUTTI"; designate as official rock and roll song........................................HR 224
20th COMBAT ENGINEER ASSOCIATION OF WORLD WAR II; commend..........................................................................................HR 800
TWIGGS COUNTY; homestead exemption; elderly...................................................HB 1403
TYRONE, CITY OF; mayor and council; qualifications and terms .........................HB 2008

U

UGAIV Condolences.........................................................................................................................HR 984 Condolences .......................................................................................................................HR 1009
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UNION COUNTY Commissioner; compensation ..........................................................................................HB 1113 Sheriff; duties....................................................................................................................HB 1108
UNION GENERAL HOSPITAL; commend ..............................................................HR 1173
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIVERSITY OF GEORGIA BULLDOGS BASKETBALL TEAM Commend...........................................................................................................................HR 1129
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia
UNIVERSITY SYSTEM OF GEORGIA OUTSTANDING SCHOLARS ON ACADEMIC RECOGNITION DAY Commend .............................................................................................................................HR 643
UPSON COUNTY; Thomaston-Upson County School System; merger..................HB 1413
UPSON COUNTY HIGH SCHOOL NJROTC FEMALE CADETS Commend..........................................................................................................................HR 6 EX
USED CAR DEALERS Board of Registration of Used Car Dealers; composition ..........................................HB 1389 Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders and Salvage Dealers; termination date .................................................HB 1296 Definition...........................................................................................................................HB 1568 Used motor vehicle dealers; brokers and auctioneers; registration...........................HB 1084

VAUGHN, DR. WILLIAM HENRY; condolences....................................................HR 1024
VAUGHN, MARY OLA; commend.................................................................................HR 607
VENEREAL DISEASE AIDS; certain persons; disclosure of confidential information....................................HB 842 AIDS; HIV testing; requirements; exemption ..............................................................HB 1789 County boards of health; treatment of certain patients; standards ...........................HB 974
VETERANS' AFFAIRS Ad valorem tax; exempt certain veterans organizations; referendum ........................HB 266 Adjutant general; eligibility requirements ....................................................................HB 1914 Disabled veterans; homestead exemption; extend to surviving spouse....................HB 1493 Former POW Recognition Day; designate April 9.........................................................SB 663 Homestead exemption; certain veterans; benefits for surviving spouses...................HB 508 Hunting licenses; disabled veteran; Florida resident; reciprocity .............................HB 1925 License plates; military; certain colors.............................................................................SB 308 License tags; special plates for veterans awarded Purple Hearts .............................HB 1232 Motor vehicle license plates; free for certain veterans .................................................HB 572 Special license plates; certain veterans .........................................................................HB 1589 Special license plates; Pearl Harbor veterans ..............................................................HB 1554 United States Veterans Administration; change name to United States Department of Veterans Affairs.................................................................................HB 1275 Veterans Service Board; location of meetings..............................................................HB 1342 Women in Military Service Memorial; create ................................................................HR 753
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3255

VETOES Communications from Governor ..................................................Pages 1479, 3041, 3042, 3045
VICTIMS OF CRIMES; 14 years and under; remove prosecution limitation .......HB 1590
VIETNAM ERA WOMEN NURSES; commend ......................................................HR 1079
VIGIL, ALLAN; commend...............................................................................................HR 1195
VITAL RECORDS; birth certificate; spontaneous fetal death ...................................HB 640
VOCATIONAL EDUCATION Adult education; personnel accrue sick and annual leave.............................................SB 622 Nonpublic Postsecondary Educational Institutions Act of 1990...............................HB 1254 Postsecondary vocational education; change reference to Technical and Adult Education ...................................................................................HB 628 Proprietary School Act; provisions relating to State Board of Education ....................................................................................................................HB 654 Technical and Adult Education Department; certain federal funds; authorization........................................................................................................HB 584
VOTING (Also, see Elections) Booth for handicapped persons; designation ..................................................................SB 178 Election Code; amend ......................................................................................................HB 1167 Elections; biennial training of certain officials ................................................................HB 60 Seating arrangements for handicapped and elderly .......................................................SB 177

w

W. K. KELLOGG FOUNDATION; commend.............................................................HR 696
WADDLE, HONORABLE THEODORE W.; commend .........................................HR 1152
WALKER COUNTY; state court judge and solicitor; compensation.......................HB 1809
WALKER, HONORABLE CHARLES W.; commend .............................................HR 1123
WALKER, MELISSA D.; compensate............................................................................HR 787
WALTON COUNTY Board of commissioners; election ...................................................................................HB 2041 Homestead exemption; educational purposes ..............................................................HB 2039
WAMBLE, BURTON AND PEGGY; commend.........................................................HR 955
WARD, TILLMAN;commend........................................................................................HR 1133
WAREHOUSING Leaf tobacco sales; repeal certain provisions..................................................................HB 923 Warehousemen; license requirements...............................................................................SB 691
WARNER ROBINS, CITY OF; deannexation of certain property.........................HB 1559
WARRANTS Arrest warrants; oath of affiant......................................................................................HB 1847 Search; issuance; requirements..........................................................................................SB 641
WARREN COUNTY; deputy sheriffs; appointment.....................................................HB 910
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3256

INDEX

WARRENTON, CITY OF Mayor, mayor pro tern and council; election..................................................................HB 909 Mayor, mayor pro tem and council; election................................................................HB 2046
WARWICK, CITY OF; mayor and council; terms ......................................................HB 1988
WASHINGTON COUNTY; state court; judge and solicitor; compensation ..........HB 2051
WASHINGTON-WILKES COMPREHENSIVE HIGH SCHOOL Faculty, students and administration; commend ..........................................................HR 598
WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) Aerobic wastewater treatment plants; authorize usage.................................................HB 746 Boats; discharging sewage on certain lakes; prohibitions...........................................HB 1807 Boats; discharging sewage on Lake Lanier; exceptions ..............................................HB 1695 Biomedical waste; regulation ..........................................................................................HB 2033 Buildings; water preservation; indoor plumbing; requirements ................................HB 1827 Cleaning agents; retail sales; certain prohibitions .........................................................HB 762 Fiduciary; environmental risks; powers.........................................................................HB 1747 Hazardous waste facilities; design and construction; state policy ............................HB 1474 Hazardous waste reduction plans; reports ....................................................................HB 1746 Health; nonsewered toilet systems; regulate ..................................................................HB 619 House Savannah River Basin Study Committee; create ..............................................HR 106 Houseboats; operation on certain lakes; prohibitions ....................................................SB 490 Landfill operators; certification........................................................................................HB 148 Local governments; ordinance violations; increase fines............................................HB 1567 Low phosphorous household laundry detergents; amend provisions...........................SB 696 Pollution; combined sewer overflow system; permit...................................................HB 1535 Pollution; combined sewer overflow; treatment plan..................................................HB 1533 Pollution; lake water quality standard; establish ........................................................HB 1532 Pollution; study portion of Chattahoochee River Basin.............................................HB 1534 Sewage Holding Tank Act; provide ...............................................................................HB 1957 Wastewater treatment plant; permit...............................................................................HB 696 Water pollution; combined sewer overflow system; permit ..........................................SB 605 Water pollution; combined sewer overflow; treatment plan.........................................SB 606 Water Quality Control Act; violation; penalty ................................................................SB 608
WATERS, PORTS AND WATERCRAFT Aerobic wastewater treatment plants; authorize usage.................................................HB 746 Boats; discharging sewage on certain lakes; prohibitions...........................................HB 1807 Boats; discharging sewage on Lake Lanier; exceptions ..............................................HB 1695 Buildings; water preservation; indoor plumbing; requirements ................................HB 1827 Campaign disclosure; soil and water conservation supervisors; exempt ..................HB 1465 Cleaning agents; retail sales; certain prohibitions .........................................................HB 762 Employment Security; commercial fishing vessel; certain wages of crew.................................................................................................................HB 1370 Environmental Policy Act; enact......................................................................................HB 949 Fishing; possession limit for red drum; delete provision............................................HB 1372 Fishing; sport trotlines; remove certain prohibitions..................................................HB 1100 Georgia Water Authority; create....................................................................................HB 1820 Hazardous Materials Safety Act; enact...........................................................................HB 931 Highways; transportation of houseboats.......................................................................HB 1960 House Savannah River Basin Study Committee; create ..............................................HR 106 Houseboats; operation on certain lakes; prohibitions ....................................................SB 490 Local governments; ordinance violations; increase fines............................................HB 1567 Low phosphorous household laundry detergents; amend provisions...........................SB 696 Mining; blasting; residential water well; distance requirement.................................HB 1766 Nurserymen and landscapers; agriculture priority during water shortages................................................................................................................HR 388

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3257

WATERS, PORTS AND WATERCRAFT (Continued) Pollution; lake water quality standard; establish........................................................HB 1532 River Corridor Protection Act; enact ............................................................................HB 1133 Sales tax exemption; certain property furnished by water or sewer authority ...........................................................................................................HB 153 Sales tax; sales of aircraft, vehicles and vessels; imposition........................................HB 172 Salt-water fishing; license fees...........................................................................................SB 741 Salt waters; open or close; determination by Commissioner .....................................HB 1369 Streams; certain water rights of passage..........................................................................SB 203 Wastewater treatment plant; permit...............................................................................HB 696 Water pollution; combined sewer overflow system; permit.......................................HB 1535 Water pollution; combined sewer overflow system; permit ..........................................SB 605 Water pollution; combined sewer overflow; treatment plan......................................HB 1533 Water pollution; combined sewer overflow; treatment plan.........................................SB 606 Water pollution; study portion of Chattahoochee River Basin.................................HB 1534 Water quality; certain lakes; standards ...........................................................................SB 714 Water Quality Control Act; violation; penalty................................................................SB. 608 Water quality control; phosphate detergents...............................................................HB 1218 Water Supply Protection Act; enact................................................................................HB 184 Wells; drilling under direction of geologists; contractor's license .............................HB 1785 West Georgia Regional Water Authority; add Carroll County..................................HB 1993
WEAPONS Ammunition; underage persons........................................................................................HR 409 Firearms; possession by certain persons............................................................................SB 20 Firearms dealers; information required of purchaser ...................................................HB 190 Firearms; General Assembly regulate..............................................................................HR 960 Firearms; keep in locked container................................................................................HB 1308 Handgun Roster Board; create.........................................................................................HB 189 Peace officers; retain possession.......................................................................................HB 593 Weapons or explosives; carrying at public gatherings ................................................HB 1964
WEBB, LEE WATSON, IV; commend...........................................................................HR 608
WEEMS, CHARLES; commend.......................................................................................HR 877
WEIGHTS AND MEASURES Highways; length of vehicles; amend provisions...............................................................SB 53 Highways; loads of tobacco or cotton; limits; exceptions ...........................................HB 1669 Highways; transportation of houseboats.......................................................................HB 1960 Highways; weights and load of vehicles; permits...........................................................HB 534 Motor Vehicles; weight limitations; federal specifications ...........................................HB 438 Torts; certain vehicles; safety equipment .....................................................................HB 1843
WELBORN, DONNIE;commend....................................................................................HR 924
WELFARE (See Social Services)
WELLS, CURTIS; condolences ......................................................................................HR 1178
WELLS, JACK; commend................................................................................................HR 1157
WEST POINT, CITY OF; Joint West Point Lake Study Committee; create..........HR 693
WESTERN JUDICIAL CIRCUIT; judges; supplementary compensation ...........HB 1283
WESTOVER HIGH SCHOOL BOYS' BASKETBALL TEAMS; commend...HR 1168
WHEELER HIGH SCHOOL WILDCAT VARSITY FOOTBALL TEAM; commend...................................................................................HR 1137

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INDEX

WHIDBY, JERRY C. Commend .............................................................................................................................HR 966 Commend and invite to House.........................................................................................HR 913
WHIGHAM, CITY OF; mayor and councilmen; election...........................................HB 1461
WHITAKER, MR. AND MRS. ROBERT; congratulate .........................................HR 1026
WHITE ELEMENTARY SCHOOL; Bartow County; commend..............................HR 892
WHITFIELD COUNTY Certain officers; prohibit certain actions......................................................................HB 1907 Former officers; continue insurance coverage ..............................................................HB 1910 Motor vehicles; staggered registration..............................................................................SB 483 Motor vehicles; staggered registration..............................................................................SB 752
WILCOX COUNTY; board of commissioners; compensation....................................HB 1873
WILDLIFE Feeding certain animals; prohibit....................................................................................HB 264 Hunting at night; prohibitions..........................................................................................HB 363 Hunting; certain handguns for game animals; authorization.....................................HB 1412 Hunting deer at night from boat or vehicle; amend provisions..................................HB 987 Hunting; suspension of privileges; negligence................................................................HB 361 Hunting; turkey gobblers; closing season........................................................................HB 424 Hunting while intoxicated; criminal provisions .............................................................HB 360 Hunting wildlife with crossbows; certain circumstances ............................................HB 1929
WILKES COUNTY; board of education; election.......................................................HB 2047
WILKINSON COUNTY Board of education member serve as municipal officer................................................SB 384 Gordon; municipal officer serve on board of education ................................................SB 385 Homestead exemption; elderly.......................................................................................HB 1404 Joint Wilkinson-Mclntyre-Irwinton-Toomsboro Water and Sewer Authority; create ...........................................................................................................HB 1919 Sheriffs auto; replace at 100,000 miles.........................................................................HB 1400
WILKINSON COUNTY WARRIORS BASKETBALL TEAM Commend and congratulate............................................................................................HR 1169
WILLIAMS, JEFFREY D.; commend .........................................................................HR 1138
WILLIAMS, JENNIE V.; 100th Birthday; commend..................................................HR 841
WILLIAMS, OFFICER CHARLES; commend .........................................................HR 1075
WILLIAMSON, DR. JERRY M.; commend..............................................................HR 1043
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Administrators; bond requirements; waiver .................................................................HB 1744 Child born out of wedlock; inheritance.........................................................................HB 1353 Estates; certain petition; signatures of heirs at law....................................................HB 1804 Estates; certain powers of administrator ........................................................................HB 357 Estates; temporary administrator for deceased person ................................................HB 147 Estates; year's support; certain property set apart.......................................................HB 460 Executors; fee schedules..................................................................................................HB 1096 Fiduciary; environmental risks; powers.........................................................................HB 1747 Georgia Transfers to Minors Act; enact..........................................................................HB 256 Mental health; medical records of deceased patient; release.....................................HB 1456 Mortgages; additional persons who may execute cancellation .....................................SB 564 Real estate transfer tax; certain exemption .................................................................HB 1299

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INDEX

3259

WILLS, TRUSTS AND ADMINISTRATION OF ESTATES (Continued) Reporting period of fiduciaries.......................................................................................HB 1392 Revocation by divorce; amend provisions........................................................................SB 413 Securities; certain business activities; transmission of money .....................................SB 601 Subscribing witnesses; effect of legacy or devise.........................................................HB 1352 Uniform Statutory Rule Against Perpetuities; provide ..............................................HB 1349 Wills; last prior to death of testator; provide procedure............................................HB 1837 Wills; renouncement; hand delivery or by mail...........................................................HB 1834 Wills; testator's spouse; elect to take certain property...............................................HB 1311 Year's support; amend provisions ..................................................................................HB 1803
WILMA W. SHELNUTT SENIOR ADULT CENTER; commend ....................HR 1192
WINDER-BARROW HIGH SCHOOL FOOTBALL TEAM; commend .............HR 622
WINE (Also, see Alcoholic Beverages and Alcoholism) Excise tax.............................................................................................................................HB 478 Excise tax.............................................................................................................................HB 690
WITNESSES Arson investigator; witness fees.........................................................................................SB 579 Competency and credibility ..............................................................................................HB 310 Competency of child; amend provisions..........................................................................HB 218 Criminal proceedings; testimony on direct examination ............................................HB 1675 Evidence; amend Code........................................................................................................SB 336 Evidence; child's testimony on sexual conduct and abuse...........................................HB 397 Evidence; defendants' testimony; impeachment.............................................................SB 217 Evidence; medical malpractice; actions.........................................................................HB 1135 Evidence; persons gathering news and dissemination; privilege ..................................SB 636 Fees; law enforcement personnel......................................................................................HB 260 Testimony of child; videotape ........................................................................................HB 1749 Trials; defendant furnish list of witnesses to District Attorney .................................HB 180 Wills; subscribing witnesses; effect of legacy or devise ..............................................HB 1352
WOMEN IN MILITARY SERVICE MEMORIAL; create ....................................HR 753
WOMEN'S HISTORY MONTH IN GEORGIA; recognize March.........................HR 993
WOODARD, WILLIE MAE; compensate......................................................................HR 266
WOODBINE ANNUAL CRAWFISH FESTIVAL; commend..............................HR 1222
WOODS GROVE COMMUNITY; naming Clay Ford as honorary mayor of the Woods Creek Section ........................................................................................HR 11 EX
WOODSTOCK, CITY OF; mayor and councilmembers; compensation ..................HB 1584
WOOLARD, HENRY HALL, SR.; commend.............................................................HR 1087
WORKERS' COMPENSATION Amend provisions ................................................................................................................SB 464 Assessment for rehabilitation; certain time....................................................................HB 891 Certain injury or death; benefits not allowable ...........................................................HB 1168 Certain pharmacy services; requirements .......................................................................HB 686 Certain treatment; payment to provider.......................................................................HB 1531 Certain volunteer firefighters; coverage........................................................................HB 1530 Children; certain employment; coverage..........................................................................SB 728 Compensation of chairman and members of board ....................................................HB 1210 Deductibles optional to the policy holder.....................................................................HB 1753 Definitions; directors emeritus; appointment.................................................................HB 989 Employees' rights; prohibit penalty.................................................................................HB 777

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3260

INDEX

WORKERS' COMPENSATION (Continued) Farm laborers; coverage...................................................................................................HB 1351 Injured while under influence of drugs; benefits.........................................................HB 1269 Insurer's refusal to cover certain risk............................................................................HB 1426 Joint Workers' Compensation Study Committee; create .............................................HR 810 Occupational disease; disablement claim; time for filing ...........................................HB 1036 Occupational disease; repeal reduction of certain compensation..............................HB 1052 Recovery against third party tort-feasors.......................................................................HB 319 Selection of physician; authorization...............................................................................HB 359 Self-insurers Guaranty Trust Fund; create ..................................................................HB 1421 Subrogation rights of injured employee..........................................................................HB 641
WORLD CONGRESS CENTER; National Football League; urge Georgia Dome for 1994 Super Bowl...........................................................................................................HR 707
WORTH COUNTY Board of commissioners of roads and revenue; vacancies..........................................HB 1987 State court; solicitor's salary ...........................................................................................HB 1991 State court; solicitor's salary .........................................................................................HB 4 EX
WRIGHT, PAT; commend .................................................................................................HR 853
WRIGHTSVILLE, CITY OF; corporate limits...........................................................HB 1773

YOUNG AGENTS COMMITTEE OF GEORGIA; commend...........................HR 13 EX YOUTH ASSEMBLY OFFICIALS; recognize and commend..................................HR 958

ZOELLER, CHRISTOPHER L.; commend..................................................................HR 745
ZONING Appeals; review zoning decisions of counties and municipalities..............................HB 2054 Conflicts of interest; revisions ...........................................................................................SB 654 Counties and Municipalities; planning and zoning powers; amend procedures - CA...................................................................................................HR 88 Counties; annexation; zoning procedures........................................................................HB 845 Local governments; zoning powers; standards .............................................................HB 1475 Property; certain counties; extend covenants...............................................................HB 1553 Rural Facilities Economic Development Act; provide ................................................HB 2087 Zoning Procedures Law for Metropolitan Counties; enact ..........................................HR 747

Refer to numerical index for page numbers

PART II
HOUSE BILLS
HB 2 --Misdemeanors; penalty; amend provisions ...........................................No Action HB 3 --Nursing homes; receiverships; certain violations .................................No Action HB 6 --Pickup truck; transport children
in rear bed; prohibitions .................................................................No Action HB 9 --State contracts; drug-free workplace
for employees .............................................................................144, 253, 2223 HB 10 --State courts; retired judges; compensate ..................................................196, 699 HB 12 --Handicapped persons; self-service fuel; cost.........................................No Action HB 13 --Counties and municipalities; offices providing
goods or services; prohibitions .......................................................No Action HB 14 --Motor fuels; amount of excise tax..........................................................No Action HB 17 --Safety belts and child restraints; requirements ...................................No Action HB 18 --Ethics; prohibit certain campaign contributions..................................No Action HB 20 --Driver's license; suspension; notice by certified mail..........................No Action HB 21 --Motor vehicle inspection; certain vehicles ............................................No Action HB 22 --School readiness assessment; eliminate.................................................No Action HB 23 --Insurance; rates; prohibitions..................................................................No Action HB 24 --State flag; change design .........................................................................No Action HB 25 --Income tax credit; child or dependent care..........................................No Action HB 26 --Lotteries; nonprofit religious institutions .............................................No Action HB 27 --Sexual offenses against children; age provisions..................................No Action HB 28 --Teachers Retirement; service requirement ...........................................No Action HB 33 --Motor vehicle accidents; injuries to dog or cat ....................................No Action HB 35 --Criminal procedure; inspection of files by defendant .........................No Action HB 36 --Health; hypertension screening...............................................................No Action HB 37 --Driving under the influence; second conviction;
insurance coverage ...........................................................................No Action HB 38 --Motor vehicle insurance; financial responsibility;
proof ...................................................................................................No Action HB 39 --Schools; crossing guards; citations..........................................................No Action HB 40 --Driver's license records; provide abstracts
of employees......................................................................................No Action HB 44 --Peace officers Annuity and Benefit Fund;
benefit provisions....................................................-....................143, 198, 772 HB 46 --Employees' retirement; certain
military service; credit ..........................................................1047, 1606, 2643 HB 47 --Ad valorem tax; agricultural land; present use ....................................No Action HB 48 --State lottery; provide................................................................................No Action HB 52 --Campaign contributions; Commissioner of Insurance.........................No Action HB 60 --Elections; biennial training of certain officials ....................................No Action HB 61 --Deputy registrars; residency requirements ...........................................No Action HB 65 --Campaign contributions; Public Service Commission .........................No Action HB 67 --Child custody; pick-up from school

3262

INDEX

by parent..........................................................................189, 270, 1592, 1902 HB 68 --Hospital authorities; sale of projects; referendum...............................No Action HB 73 --Public officials; recall elections...............................................................No Action HB 74 --Abandoned motor vehicles; removal and storage.................................No Action HB 77 --Merit system; employee hearing; representation .................................No Action HB 78 --Sales tax; exempt food .............................................................................No Action HB 79 --Local governments; election from
single-member district.....................................................................No Action HB 81 --Death penalty; prohibit for person under 18 years .............................No Action HB 82 --South Africa; prohibit investments of retirement funds ..............................1875 HB 83 --Merit System; medical leave ...................................................................No Action HB 84 --Sales tax; exempt food, residential phone and
electrical service ...............................................................................No Action
HB 85 --County boards of commissioners; single member districts ..............................................................................................No Action
HB 87 --Retail facilities; public restrooms...........................................................No Action HB 88 --Elections; nomination or election by plurality .....................................No Action HB 89 --Death penalty; televise proceedings .......................................................No Action HB 97 --Distilled spirits; retail dealers;
residence requirement .....................................................................No Action HB 103 --State government; women and minorities;
participation in contracts................................................................No Action HB 105 --Attorneys; trust accounts of client's funds; proceeds..........................No Action HB 109 --Teachers Retirement; creditable service;
visiting scholar .......................................................................1283, 1342, 2223 HB 112 --Maps and plats; recordation and filing .................................................No Action HB 115 --Peace Officers' Annuity and Benefit Fund;
benefit changes if spouse dies .................................................431, 552, 2223 HB 116 --Employees' Retirement; benefit
changes if spouse dies......................................................................No Action HB 117 --Clark Atlanta University; special license plates...................................No Action HB 122 --Lobbying; certain state employees; prohibitions..................................No Action HB 126 --Motor vehicle registration; temporary grace period ............................No Action HB 127 --Juror summonses; time limit for notification .......................................No Action HB 132 --Appeal bonds; grant for certain conviction...........................................No Action HB 133 --Income tax exemption; certain widows and widowers;
elderly ................................................................................................No Action HB 135 --Sanitarians and environmental health specialists;
regulation...........................................................................................No Action HB 136 --Elevators; certain buildings; exemption ................................................No Action HB 137 --Evidence; DNA profile; requirement .....................................................No Action HB 141 --Superior courts; judges' secretaries; salary...................................849, 1199, 2223 HB 144 --Motor fuel tax; rate ..................................................................................No Action HB 147 --Estates; temporary administrator for deceased person.......................No Action HB 148 --Landfill operators; certification ..............................................................No Action HB 149 --Schools; compulsory attendance; age for enrollment......................429, 661, 680 HB 150 --Special sales tax; amend provisions relating to repeal........................No Action HB 152 --Driver education course; remove from list
for enrollment counts ......................................................................No Action
HB 153 --Sales tax exemption; certain property furnished by water or sewer authority .................................................................No Action
HB 156 --Employees' Retirement; credit for service in
local system ................................................................................143, 200, 1287
HB 158 --Sales tax exemption; property of Boy Scouts and
Girl Scouts.........................................................................................No Action
HB 162 --Public Service Commission; rate schedules for certain telephone areas; prohibitions..........................................................No Action

INDEX

3263

HB 164 --Taxation; marijuana and controlled substances.....................................................................^?!, 1691, 2372, 2543
HB 165 --Lobbying; state agencies; registration....................................................No Action HB 167 --State employees; interdepartmental transfer;
test period .........................................................................................No Action HB 168 --Alcoholic beverages; licensing; distance requirements ........................No Action HB 170 --Radon Licensing Board; create ...............................................................No Action HB 171 --Health insurance; service by certified personnel;
reimbursement ..................................................................................No Action HB 172 --Sales tax; sales of aircraft, vehicles and vessels;
imposition..........................................................................................No Action HB 173 --Death Penalty; offense of murder during apprehension.....................No Action HB 177 --Motor vehicle insurance; definition of insured ....................................No Action HB 179 --Teachers Retirement; accumulated sick leave; limitation..................No Action HB 180 --Trials; defendant furnish list of witnesses to
District Attorney ..............................................................................No Action HB 184 --Water Supply Protection Act; enact ......................................................No Action HB 186 --Public School Employees' Retirement System;
bus drivers .........................................................................................No Action HB 188 --Peace Officer Standards and Training; certificate;
denial after certain pardon; prohibition .......................................No Action HB 189 --Handgun Roster Board; create ...............................................................No Action HB 190 --Firearms dealer; information required of purchaser ...........................No Action HB 192 --State court judge; residence requirements..............................................196, 1553 HB 196 --Marriage license; fees for family violence shelters ..............................No Action HB 197 --Teachers Retirement; years of service regardless of age ....................No Action HB 198 --Legislative Retirement System; allowance;
amend provisions .......................................................................143, 216, 1397 HB 200 --Dental hygienists; licensing requirements.................................................373, 479 HB 204 --Pest Control; applications; post certain signs ......................................No Action HB 211 --Burial place; damage to property; penalty............................................No Action HB 212 --Property; removal of vehicles improperly parked................................No Action HB 213 --Intangible tax; personal property; exemption;
referendum ........................................................................................No Action HB 218 --Witnesses; competency of child; amend provisions.............................No Action HB 222 --Juvenile court; designate referee as juvenile
magistrate...................................................................................189, 249, 1987 HB 224 --Death penalty; murder as part of ceremony or ritual.........................No Action HB 227 --Voter registration; driver's license examiners.......................................No Action HB 228 --Special county sales tax; change termination date..............................No Action HB 230 --District attorneys emeritus; minimum salary ................................476, 607, 1589 HB 231 --Day Camps; regulation .............................................................................No Action HB 232 --Income tax; advance tuition payments; deductions.............................No Action HB 233 --Cigarettes; increase tax ............................................................................No Action HB 235 --Insurance; review of policy changes .......................................................No Action HB 241 --Income tax; child care credit...................................................................No Action HB 242 --Voter registration; driver's license examiners.......................................No Action HB 243 --Alimony or child support; salary deductions........................................No Action HB 244 --Education Trust; create ...........................................................................No Action HB 246 --Municipalities; certain traffic fines; payment.................................................!047 HB 249 --Mental health; electric shock devices; prohibitions.............................No Action HB 250 --Health insurance; insolvency pool; membership..................................No Action
HB 251 --District Attorneys; definition ............................................................................2643
HB 253 --Supplemental appropriations;
Fiscal Year ending 1990........................................................1567, 1828, 2643
HB 255 --Motor vehicle insurance; cancellation notice;
certain fines ................................................................................431, 553, 1287

3264

INDEX

HB 256 --Georgia Transfers to Minors Act; enact...............................475, 651, 2340, 2361 HB 260 --Witness fees; law enforcement personnel..............................................No Action HB 262 --Joint Municipal Employees Benefit System;
certain credit unions........................................................................No Action HB 264 --Wildlife; feeding certain animals; prohibit ...........................................No Action HB 266 --Ad valorem tax; exempt certain veterans organizations;
referendum ........................................................................................No Action HB 267 --Special county sales tax; amend or repeal provisions.........................No Action HB 268 --Superior court judges; bailable offenses;
controlled substances.......................................................................No Action HB 273 --Teachers Retirement; pregnancy leave; credit...............................!43, 444, 1375 HB 275 --City of Sandy Springs; new charter; incorporate.................................No Action HB 276 --Supplemental appropriations; Fiscal Year ending 1989 .....................No Action HB 277 --Real estate; add housing surcharge to transfer tax .............................No Action HB 278 --Municipalities; boundaries; certain exceptions ....................................1650, 1825 HB 279 --Health insurance plans; sovereign immunity;
limited waiver...................................................................................No Action HB 282 --Death penalty or life imprisonment;
judge's discretion..............................................................................No Action HB 284 --Joint Management Committee of Employees and
Teachers Retirement System; create.............................................No Action HB 286 --Campaign contributions; Insurance Commissioner;
prohibitions .......................................................................................No Action HB 287 --Gwinnett County; board of commissioners; create ..............................No Action HB 289 --Gwinnett County; board of commissioners; contributions .................No Action HB 293 --Sales tax; certain industrial materials; exemption...............................No Action HB 296 --Nursing homes; employee records check; licensing .............................No Action HB 298 --Southern Judicial Circuit; add judge.....................................................No Action HB 299 --Statutory rape; victim's testimony not required to be
corroborated......................................................................................No Action HB 300 --Hospitals; dialysis machines;
certificate of need exemptions .......................................................No Action HB 302 --Employees' Retirement; domestic relations orders;
requirements .....................................................................................No Action HB 308 --State patrol; automobile racing events; services ..................................No Action HB 310 --Witnesses; competency and credibility..................................................No Action HB 311 --Health insurance; direct payment to provider.....................................No Action HB 312 --Ad valorem tax; property assessed on its existing use........................No Action HB 313 --Fire extinguishers; regulations................................................................No Action HB 317 --County jails; room and board; reimbursement.....................................No Action HB 318 --Employees' Retirement; certain military service; credit.....................No Action HB 319 --Workers' Compensation; recovery against third party
tort-feasors............................................................................................!96, 697 HB 320 --Civil action; professional negligence;
affidavit requirement.......................................................................No Action HB 323 --Housing authority overview committees; create ..................................No Action HB 325 --Quality Basic Education; length of school year;
amend certain provisions ................................................................No Action HB 328 --Fulton County; homestead exemption;
elderly and disabled.........................................................................No Action HB 329 --State patrol; close highways in emergency situations .........................No Action HB 330 --Death penalty; repeal ...............................................................................No Action
HB 331 --Mentally retarded; residential care facilities;
admission requirements...................................................................No Action
HB 332 --Torts; abusive litigation; definition........................................................No Action
HB 338 --Motor fuel; remove exemption from sales tax......................................No Action
HB 343 --State employees; interdepartmental transfers......................................No Action

INDEX

3265

HB 346 --Elections; chief deputy registrars; exemption from certain restrictions .............................................................................578, 1551
HB 348 --Local government; appraisal requirements for purchase of property........................................................................No Action
HB 349 --Controlled substances; sales to minors; penalty...................................No Action HB 352 --Mentally retarded persons; death penalty;
certain circumstances.......................................................................No Action HB 353 --Paternity; payment of certain fees; amend provisions........................No Action HB 354 --Civil actions; pleading; written request for admission ........................No Action HB 355 --Juvenile proceedings; drug trafficking; felony......................................No Action HB 357 --Estates; certain powers of administrator..............................................1357, 1551 HB 359 --Workers compensation; selection of physician;
authorization .....................................................................................No Action HB 360 --Hunting while intoxicated; criminal provisions ...................................No Action HB 361 --Hunting; suspension of privileges; negligence ......................................No Action HB 363 --Hunting at night; prohibitions................................................................No Action HB 365 --Sales tax; rate on certain purchases or services...................................No Action HB 366 --Evidence; child's statement on sexual conduct or abuse ....................No Action HB 369 --Firefighter Standards and Training Council;
written examination .........................................................................No Action HB 372 --Pawnbrokers; motor vehicle lease or purchase.....................................No Action HB 374 --Sales tax; exemption on fuel; commercial shrimpers ..........................No Action HB 379 --Physical Therapy, State Board; powers; definitions ...........................No Action HB 382 --Industrial loans; interest rate..................................................................No Action HB 383 --Controlled substances; proceeds from forfeitures ............................................852 HB 384 --License plates; special tags; retired General
Assembly members...........................................................................No Action HB 385 --Employment Security; full-time cafeteria workers..............................No Action HB 386 --Prisoners; certain requirements;
educational instruction....................................................................No Action HB 387 --Ad valorem tax; county digest; furnish copies .....................................No Action HB 388 --Motor vehicles; traffic enforcement; flashing lights ............................No Action HB 389 --Deeds conveying property; address requirement .................................No Action HB 390 --Human Resources Department; child welfare services
and services to courts ......................................................................No Action HB 391 --Counties and municipalities; personal property sales;
vendor repurchase ..........................................................................................67 HB 392 --Georgia Health Insurance Pool; create..................................................No Action HB 393 --Insurance; payment of claim within 30 days; interest ........................No Action HB 394 --Employees' Retirement; members transfer to
Teachers Retirement ...........................................................................No Action HB 395 --Transportation, Department of; traffic control
devices; installation........,.................................................................No Action HB 396 --Quality Basic Education; instructional programs;
student counts ..................................................................................No Action HB 397 --Evidence; child's testimony on sexual conduct or abuse....................No Action HB 398 --Quality Basic Education; transportation costs;
distance requirements......................................................................No Action HB 402 --Driver's license; persons holding Class 1 permits;
restrictions.....................................2514, 2676, 2842, 2872, 2961, 2970, 3016 HB 404 --Electors; proper identification for registration.....................................No Action HB 406 --Ad valorem tax; property assessed on its existing use........................No Action HB 416 --Sales tax; increase rate; exempt food and drugs..................................No Action
HB 417 --Colleges and universities; student incentive grants.............................No Action
HB 418 --Ad valorem tax; property assessed on its existing use........................No Action
HB 419 --Income tax; first-time purchase of home; certain exemptions ...........................................................................No Action

3266

INDEX

HB 423 --Sales tax and second motor fuel tax; refund for diesel fuel purchases ........................................................................No Action
HB 424 --Hunting; turkey gobblers; closing season ..............................................No Action HB 425 --Crimes; destroying police horse; penalty...............................................No Action HB 426 --Criminal procedure; remission of bonds; notification
of hearings .........................................................................................No Action HB 429 --Income tax; local peace officers retirement benefits;
exemption ..........................................................................................No Action HB 433 --Loans; insurance requirements; notification.........................................No Action HB 435 --Contractors; licensing examination; requirements...............................No Action HB 436 --Employees' Retirement; certain judicial membership....................143, 209, 773 HB 437 --Motor vehicle insurance; certain premium reductions........................No Action HB 438 --Motor Vehicles; weight limitations; federal
specifications.....................................................................................No Action HB 439 --Ad valorem tax; inventory; filing for exemption..................................No Action HB 441 --Superior Court Judges' Retirement; certain
creditable service .......................................................................431, 553, 2109 HB 442 --Sales tax; advertising; certain transactions outside
of state...................................853, 1126, 2114, 2358, 2492, 2544, 2629, 3016 HB 444 --Judges of Probate Courts Retirement Fund;
amend provisions..............................................................................No Action HB 447 --Pari-mutuel wagering; counties; referendum........................................No Action HB 448 --Superior and state court clerks; investment of
certain funds .....................................................................................No Action HB 450 --Intangible tax; certain property; change rate .......................................No Action HB 452 --Teachers and public school employees; flexible
benefit plan..............................'...................................................373, 491, 1987 HB 453 --Taxidermy Examiners; State Board; create..........................................No Action HB 455 --Motor vehicle insurance; driving without proof; penalty .......................431, 556 HB 456 --Electric membership corporations; service charge
for dormant account ..................................................................................1046 HB 457 --Financial and Investment Commission; capital
appreciation bonds; higher education ...........................................No Action HB 458 --Teachers Retirement; certain persons;
creditable service .......................................................................143, 387, 1287 HB 459 --Teachers Retirement; reestablish certain
creditable service..............................................................................No Action HB 460 --Estates; year's support; certain property set apart .............................No Action HB 462 --Tobacco products; regulate sales............................................................No Action HB 465 --Municipalities; certain annexation; county approval ..........................No Action HB 467 --Income tax; corporations; allocation of income....................................No Action HB 468 --Campaign Contributions; personal use; delete certain
provisions...........................................................................................No Action HB 471 --Income tax; certain retirement income; exemption .............................No Action HB 477 --Malt beverages; excise tax.......................................................................No Action HB 478 --Wine; excise tax.........................................................................................No Action HB 479 --Distilled spirits; excise tax.......................................................................No Action HB 480 --Cigar and cigarettes; excise tax ..............................................................No Action HB 482 --Income tax; amend provisions.................................................................^ Action HB 490 --Sales tax; amend provisions ....................................................................No Action HB 491 --Campaign contributions; expenditures;
certain candidates............................................................................No Action
HB 493 --Sales tax; increase; repeal special county sales tax .............................No Action
HB 496 --Public officials; compensation.................................................................^ Action
HB 497 --Atlanta; certain contracts; mayoral authorization ...............................No Action
HB 500 --Mortgage bankers and brokers; licensing..............................................No Action
HB 502 --Georgia Condominium Act; amend .....................................702, 1020, 2654, 2809

INDEX

3267

HB 504 --Municipalities; annexation; repeal certain provision...........................No Action HB 505 --Sales tax; increase .....................................................................................No Action HB 506 --Special county sales tax; separate proposals ........................................No Action HB 507 --Driving under the influence; seizure of vehicle;
certain violations ..............................................................................No Action HB 508 --Homestead exemption; certain veterans; benefits for
surviving spouses..............................................................................No Action HB 509 --Criminal solicitation; penalty ..............................................................................521 HB 511 --Insurance; replacement policy; effective date.......................................No Action HB 514 --Georgia Insurers Insolvency Pool; amend provisions..........................No Action HB 515 --Atlanta, City of; urban enterprise zones; certain
housing units .................................................................................................676 HB 516 --State employees; certain suggestions;
savings awards........................................................................!568, 1863, 2644 HB 517 --Bonds; coverage for fuel stolen at service stations..............................No Action HB 518 --Motor vehicles; safety and equipment
inspection; requirements.................................................................No Action HB 520 --Drug trafficking; minors; penalty ...........................................................No Action HB 521 --Solid Waste Planning, Recycling and Reduction Act;
enact ...................................................................................................No Action HB 522 --Local legislation; advertisement; authorization....................................No Action HB 527 --State patrol; mandatory retirement; waiver .............................................476, 695 HB 532 --Income tax; corporations; certain tax credits .......................................No Action HB 533 --Materialman's lien; claim; notify property owner..........................................1648 HB 534 --Highways; weights and load of vehicles; permits.................................No Action HB 537 --Alcoholic beverages; open containers while driving;
prohibitions ...................................................................................................891 HB 539 --Employees' Retirement; family and children services;
creditable service .......................................................................431, 648, 1987 HB 540 --Employment Security; include Georgia Federal-State
Shipping Point Inspection Service employees.............................No Action HB 541 --State patrol; certain personnel retire
after 25 years service .......................................................................No Action HB 542 --Crimes; offense of disorderly conduct ...................................................No Action HB 543 --Paternal Rights Act; enact ......................................................................No Action HB 544 --Firefighters; special license plates ..........................................................No Action HB 547 --Education personnel; minimum salaries................................................No Action HB 548 --Education personnel; employment contracts........................................No Action HB 552 --Pesticides; aerial contractor; licensing ........................................2114, 2475, 2656 HB 553 --Education personnel; development programs; stipends........,.............1718, 2462 HB 555 --Zoning Procedures Law for Metropolitan Counties; enact...............................67 HB 557 --Teachers Retirement; certain supported schools; credit.....................No Action HB 560 --Children and youth; services for
disturbed children ...........................................................475, 597, 1994, 2209 HB 563 --Child support; limitation on action........................................................No Action HB 564 --Teachers; resignation, termination, suspension or
demotion; notification......................................................................No Action HB 565 --Motor Vehicle rentals; regulate ..............................................................No Action HB 570 --Superior court; judge serve while member of Retirement
System................................................................................................No Action HB 572 --Motor vehicle license plates; free for certain veterans........................No Action HB 577 --Medical Assistance; drug bidding programs
and rebates .......................................................................850, 918, 1895, 2290 HB 580 --Hospitals; post certain notice in emergency rooms.......................520, 631, 2644
HB 584 --Technical and Adult Education Department; certain federal funds; authorization............................................................No Action
HB 585 --Sales tax; increase; ad valorem tax relief ..............................................No Action

3268

INDEX

HB 586 --Ad valorem tax; certain property; transferor's liability..........................................................................No Action
HB 588 --Misdemeanors; certain crimes; maximum fine .....................................No Action HB 589 --Judgments; certain motions; appealability ...........................................No Action HB 591 --Jurors; change method for composing jury lists ..................................No Action HB 593 --Firearms; peace officers; possession; amend provisions......................No Action HB 594 --Sales tax; export; certain exemption; clarification...............................No Action HB 595 --Juvenile court; director of guardian ad litem;
appointment......................................................................................No Action HB 596 --Employees' Retirement; family and children services;
creditable service..............................................................................No Action HB 597 --Hospital care for pregnant women;
amend provisions.................................................................702, 724, 733, 741 HB 598 --Superior court clerk; serve as juvenile court clerk ..............................No Action HB 603 --Highways; left turn only lanes; prohibitions ........................................No Action HB 604 --Ambulance; medical technicians; number required;
certain counties.................................................................................No Action HB 605 --Financial institutions; licensed check cashers ......................................No Action HB 614 --Consumer lease; personal property rental; prepayment .....................No Action HB 618 --Elections; selection of poll managers.....................................................No Action HB 619 --Health; nonsewered toilet systems; regulate.........................................No Action HB 620 --Fire departments; minimum requirements.......................................................440 HB 623 --Teachers Retirement; transfer from local system;
refund..........................................................................................143, 206, 2224 HB 624 --Fulton County School Employees' Retirement Plan of 1990;
create..................................................................................................No Action HB 627 --Fiscal affairs subcommittees; duties and functions.............................No Action HB 628 --Postsecondary vocational education; change reference to
Technical and Adult Education....................................213, 365, 1133, 1995 HB 631 --Local governments; bonds; investment of proceeds ............................No Action HB 632 --Mopeds; limit driving permits ................................................................No Action HB 633 --Interference with custody; define offense .............................................No Action HB 635 --Counselors, Social Workers, Marriage and Family
Therapists; supervisors....................................................................No Action HB 636 --Income tax; credit for certain persons...................................................No Action HB 639 --Teachers Retirement; transfer by faculty of
University System .................................................................1283, 1380, 2109 HB 640 --Birth certificate; spontaneous fetal death.............................................No Action HB 641 --Workers' Compensation; subrogation
rights of injured employee ..............................................................No Action HB 644 --License plates; Tennessee National Guard;
special tags........................................................................................No Action HB 648 --Handicapped persons; multifamily dwellings; access ..........................No Action HB 650 --Sales tax; certain property and services; rate.......................................No Action HB 651 --Drug offenses; additional penalty assessments ....................................No Action HB 653 --Real estate loans; requirements..............................................................No Action HB 654 --Proprietary School Act; provisions relating to
State Board of Education...............................................................No Action HB 655 --Sales tax; certain motor vehicle sales....................................................No Action HB 657 --Education; school social workers; employment ....................................No Action HB 660 --Georgia State Games Commission; create.............................................No Action HB 662 --Alpharetta, City of; new charter; create ................................................No Action
HB 663 --Driving under the influence; probationary driver's
license; amend provisions......................................66, 96, 107, 398, 450, 531
HB 666 --Driver's license; delay issuance to certain minors ...............................No Action
HB 667 --Students; suspension; notify law enforcement .....................................No Action
HB 671 --Dogs and cats; euthanasia by animal shelters.....................!43, 214, 2654, 2672

INDEX

3269

HB 672 --Wholesale fish dealers; fees for nonresidents .......................................No Action HB 673 --Fulton County School Employees Pension System;
board membership selection ...........................................................No Action HB 674 --Medical and dental coverage; jurisdiction of
Insurance Commissioner .................................................................No Action HB 675 --Public Service Commission; utilities pay special
fees for operating costs....................................................................No Action HB 676 --Superior courts; service by senior judges;
amend provisions..............................................................................No Action HB 677 --Education; school social workers; employment..............................429, 601, 2224 HB 681 --District Attorneys' Retirement; spouses' benefits ...............................No Action HB 682 --All-terrain vehicles; regulation................................................................No Action HB 683 --Ad valorem tax; certain property of hospital
authorization; exemption ................................................................No Action HB 684 --Public Service Commission; utilities engaging in least
cost planning; authorization ...........................................................No Action HB 686 --Workers' Compensation; certain pharmacy services;
requirements.........................................................................................196, 700 HB 690 --Distilled spirits, beer and wine; excise taxes........................................No Action HB 691 --Cigarettes; excise taxes.............................................................................No Action HB 693 --Special county sales tax; separate
proposals for each project...............................................................No Action HB 694 --Motor vehicles; licensing and registration;
tax returns; date ...............................................................................No Action HB 695 --Employees' Retirement; certain National Guard service;
credit............................................................................................431, 595, 2109 HB 696 --Waste-water treatment plant; permit....................................................No Action HB 697 --Post-Secondary Education Authorization Act
additional exemption .......................................................................No Action HB 698 --Public Safety Department; reimbursement for certain
services of state patrol.....................................................................No Action HB 699 --Motor vehicle insurance; revise code provisions..................................No Action HB 700 --Air contaminants; construction of certain facilities;
permit.................................................................................................No Action HB 701 --Public records; certain staff services;
disclosure requirement ....................................................................No Action HB 702 --Physicians; continuing education programs..............................1209, 1291, 1315,
1556, 1946, 2116
HB 703 --Hospitals; physician's application for privileges; authorization.....................................................................................No Action
HB 704 --Local boards of education; filling vacancies...................................429, 646, 2109 HB 705 --Dental hygienists; continuing education requirements .......................No Action
HB 706 --Peace Officers' Annuity and Benefit Fund; narcotics agents; eligibility ..............................................................................No Action
HB 707 --Smoking in public places; amend provisions........................................No Action HB 708 --Generic drugs; refill provisions...............................................................No Action HB 709 --Generic drugs; certain wording on prescription forms;
requirements .....................................................................................No Action HB 710 --Income tax; certain persons; tax credit.................................................No Action HB 711 --Child abuse; testimony of certain children...........................................No Action HB 712 --Property; tenant set aside dispossessory default.................................No Action HB 713 --Appellate court; stipulated record and transcript...............................No Action
HB 714 --Food Sales Income Tax Credit Act of 1989; enact...............................No Action
HB 715 --Consent for surgical or medical treatment; adult
child for parent.................................................................................No Action
HB 717 --Income tax; credit for certain homesteads or farms............................No Action
HB 720 --Telephone service; toll free dialing; intracounty calls.........................No Action

3270

INDEX

HB 724 --State employees; benefits; definition of full-time................................No Action HB 726 --Law enforcement; special and high-risk occupation............................No Action HB 727 --Teachers Retirement; certain public school
personnel; membership....................................................................No Action HB 728 --Law enforcement; special and high-risk occupation......................................1569 HB 731 --Quality Basic Education; school readiness assessment;
uniform state wide ...........................................................................No Action HB 732 --Motor Vehicle registration; time limitation..........................................No Action HB 735 --Georgia Competitive Practices Act of 1989; enact...............................No Action HB 737 --Teachers Retirement; postretiremen! benefit adjustment .................No Action HB 738 --Teachers Retirement; postretirement benefit
adjustment..............................................!283, 1306, 2229, 2255, 2322, 2346, 2380, 2899, 3017
HB 744 --Contracts; partial restraint of trade; exceptions ..........................851, 908, 2344, 2366, 2452, 2474, 2513, 2954, 3017
HB 745 --Georgia Agricultural Commodities Promotion Act; enact..................No Action HB 746 --Aerobic waste-water treatment plants; authorize usage .....................No Action HB 750 --Speed detection devices; visibility;
distance requirements......................................................................No Action HB 751 --Nursing pools; regulation.........................................................................No Action HB 752 --District Attorneys Retirement; transfer membership to
Employees' Retirement.............................................................431, 548, 2224 HB 753 --Employees' Retirement; forfeited annual and sick leave;
creditable service ..............................................................................No Action HB 754 --Employees' Retirement; General Assembly members;
survivors' benefits......................................................................431, 548, 2224 HB 755 --Employees' Retirement; certain military service; credit.....................No Action HB 756 --Court Officials Retirement System; create ...........................................No Action HB 759 --Insurance; written notification of termination of agent .....................No Action HB 761 --Employees' Retirement; average final compensation;
definition.......................................................................................l43, 208, 773 HB 762 --Cleaning agents; retail sales; certain prohibitions ...............................No Action HB 764 --Public retirement systems; no benefits paid when
certain crimes committed.........................................................431, 552, 2224 HB 765 --License plates; certain military; red, white and
blue colors .........................................................................................No Action HB 766 --Teachers; assessments; amend provisions .............................................No Action HB 769 --Employees' Retirement; Hazardous Waste Management
Authority; membership.............................................................476, 665, 1987 HB 770 --Hotel-motel tax; counties and municipalities; rate............................1650, 1722,
2412, 2528 HB 771 --Hospitals; head injured persons; certain requirements.......................No Action HB 776 --Ad valorem tax; interest on late payments ..................................892, 1019, 2224 HB 777 --Workers' Compensation; employees' rights;
prohibit penalty................................................................................No Action HB 784 --Atlanta Judicial Circuits; add two judges .............................................No Action HB 785 --Motor vehicles; nonresidents; time for registration.............................No Action HB 787 --Child abuse; reporting; confidentiality ..................................................No Action HB 792 --Income tax return form; certain designation; assignment ..................No Action HB 793 --Controlled substances; sales to minors; penalty...................................No Action HB 795 --Fulton County; homestead exemption; elderly;
educational purposes .......................................................................No Action
HB 796 --Counties and municipalities; development impact fees.......................712, 1010, 1994, 2139
HB 798 --Physicians; continuing education ...........................................................No Action
HB 800 --District attorneys; secretaries; reimbursement of certain expenses..........................................................................No Action

INDEX

3271

HB 801 --Fiscal affairs subcommittee; continuing appropriations; reports ................................................................................................No Action
HB 809 --Fulton County; board of registration and elections; duties..................................................................................................No Action
HB 818 --Income tax; advance tuition payments; deduction ..............................No Action HB 819 --Georgia Education Trust; create ............................................................No Action HB 838 --School disciplinary hearings; open meeting provisions.......................No Action HB 840 --Downtown Marietta Development Authority; membership;
election..........................................................................................144, 145, 530 HB 842 --AIDS; certain persons; disclosure of confidential
information...................................................................l046, 1247, 2455, 2726 HB 844 --Law enforcement; training requirements;
certain exemptions ...........................................................................No Action HB 845 --Counties; annexation; zoning procedures ..............................................No Action HB 846 --Boards of equalization; appeals; authorization.....................................No Action HB 848 --Marietta; ad valorem tax; levy; educational purposes ...........................431, 432,
852, 853, 1114 HB 860 --Pawnbrokers; property storage; fee ........................................................No Action HB 862 --Labor; Public Employees Relations Commission; create....................No Action HB 863 --Education; certain retired personnel;
employment eligibility .....................................................................No Action HB 873 --Supplementary appropriations;
Fiscal Year ending 6/30/89 .............................................................No Action HB 876 --General Assembly; automatic adjournment on Fridays.....................1061, 1091,
1115, 1143, 1184 HB 877 --General Assembly; certain accommodations;
expense allowance ............................................................................No Action HB 878 --Post-mortem Examination; local medical examiner;
definition ...........................................................................................No Action HB 879 --Alimony; certain cohabitation; modification.........................................No Action HB 883 --Gwinnett County Board of Registrations and Elections;
appointment ..................................................................................................414 HB 887 --Transportation; vehicles transporting forest products;
exceptions..........................................................................................l504, 1554 HB 889 --Atlanta Housing Authority Overview Committee; create...................No Action HB 890 --State Government; certain elections; secret ballot..............................No Action HB 891 --Workers' Compensation; assessment for rehabilitation;
certain time.......................................................................................No Action HB 894 --Mentally retarded persons; community service;
amend provisions..............................................................................No Action HB 895 --Civil actions; medical malpractice; tolling of
limitations..........................................................................................No Action HB 899 --Sales tax; certain aircraft labor and materials;
exemption ..........................................................................................No Action HB 900 --Sales tax; aircraft; definition for exemption purposes ........................No Action HB 904 --Motor vehicle insurance; uninsured motorist;
applicability ...................................................................................................851 HB 908 --Municipal Courts; violations; maximum period of
confinement.......................................................................................No Action HB 909 --Warrenton, City of; mayor, mayor pro tern and
councilmembers................................................................................No Action HB 910 --Warren County; deputy sheriffs; appointment ....................................No Action
HB 911 --Fulton County; superintendent of schools; election ............................No Action
HB 912 --Limousine services; regulation by Public
Service Commission .........................................................................No Action
HB 915 --Local governments; single-family residences; housing
disabled persons ...............................................................................No Action

3272

INDEX

HB 916 --Driver's license; suspension; defensive driving course; requirement.......................................................................................No Action
HB 917 --Teachers; transfer employment; Central State Hospital; salary adjustment .............................................................................No Action
HB 920 --Cyclorama; school children; admission fee exemption; repeal..................................................................................................No Action
HB 923 --Warehousemen; leaf tobacco sales; repeal certain provisions .................................................................394, 513, 524, 1032, 1503
HB 926 --Atlanta; traffic court; judge's salary ......................................................No Action HB 930 --Ad valorem tax; value and millage rates by local
tax officials........................................................................................No Action HB 931 --Hazardous Materials Safety Act; enact .................................................No Action HB 933 --Air Quality Control Act; requirements for permits.............................No Action HB 934 --Young Harris, City of; corporate limits.................................................No Action HB 935 --Judicial sales; prepayment costs; requirements ...................................No Action HB 936 --Income tax; military and certain civilian employees'
pay; exemption .................................................................................No Action HB 937 --Magistrates' Retirement System; create................................................No Action HB 938 --Children and Youth; family day-care home; definition ......................No Action HB 939 --Income tax; timber sales; certain exemption ........................................No Action HB 940 --Income tax; timber sales; credit..............................................................No Action HB 941 --Annexation; certain counties; applicability...........................................No Action HB 943 --Commercial Code; motor vehicle sales;
certain collateral ...............................................................................No Action HB 946 --Child custody; amend proceedings.........................................................No Action HB 947 --Radiation control; regulation by Human Resources
Department.............................................................................ll68, 1705, 2335 HB 949 --Environmental Policy Act; enact............................................................No Action HB 951 --Local boards of education; vary length of school year;
repeal certain provisions .................................1532, 1824, 2514, 2578, 2655, 2801, 2970, 2977, 3001, 3001, 3001, 3020
HB 952 --Tanning facilities; registration..................................................................850, 1139 HB 953 --Dental hygienists; licensure.....................................................................No Action HB 954 --Education; state-wide uniform annual evaluation; date.....................No Action HB 955 --Georgia Health Insurance Trust Fund; create .....................................No Action HB 958 --Georgia Children and Youth Overview Committee; create ................No Action HB 963 --Albany, City of; mayor and commissioners; election...........................No Action HB 964 --Teachers Retirement; re-establishment of creditable
service...........................................................................................-143, 211, 773 HB 974 --County boards of health; treatment of certain patients;
standards ...........................................................................................No Action HB 975 --Schools; use of tobacco on premises; prohibitions...............................No Action HB 978 --Credit cards; fees for cash advances......................................................No Action HB 985 --Cobb County; certain department heads; county
manager remove from office...........................................................No Action HB 986 --Special county one percent sales tax; use of proceeds........................No Action HB 987 --Hunting deer at night from boat or vehicle;
amend provisions..............................................................................No Action
HB 988 --Solid waste disposal; residential areas; distance requirements................................................................................1561
HB 989 --Workers' Compensation; definitions; directors emeritus; appointment.....................................................................No Action
HB 999 --Durable power of attorney for health care.................................!480, 1633, 2644
HB 1001 --Cobb County Hospital Authority; filling vacancies .............................No Action
HB 1009 --Pooler, City of; corporate limits; correct technical error...........................................................2341, 2402, 2471
HB 1011 --Medical malpractice; mandatory arbitration for

INDEX

3273

certain claims....................................................................................No Action HB 1013 --Employees' Retirement; average final compensation;
clarification........................................................................................No Action HB 1015 --Chehaw Park Authority; quorum requirement ....................................No Action HB 1020 --Physicians; treatment of Medicare and Medicaid
patients; requirement ......................................................................No Action HB 1023 --Mortgage bankers and brokers; licensing..............................................No Action HB 1028 --Educational loans; definition; privately sponsored loans ...................No Action HB 1031 --Driver's license; suspension; defensive driving
course; requirement..........................................................................No Action HB 1035 --Superior Court Clerks' Retirement Fund; benefits.......................431, 544, 1182 HB 1036 --Occupational disease; disablement claim; time for filing ...................No Action HB 1037 --Teachers; leave school when closed; certain
circumstances....................................................................................No Action HB 1038 --Pooler, City of; corporate limits.......................................................891, 893, 2647 HB 1040 --Child Health Services Act; create ..........................................................No Action HB 1047 --Lumpkin County; tax commissioner; compensation............................No Action HB 1049 --New motor vehicle; manufacturers; failure to conform
to warranty........................................................................................No Action HB 1050 --Eminent domain; maintenance of condemned property..........1046, 1602, 2644 HB 1051 --Teachers; religious holidays shall not be charged
sick leave ...........................................................................................No Action HB 1052 --Occupational disease; repeal reduction of
certain compensation.......................................................................No Action HB 1053 --Medical Assistance Department; certain agency rules;
requirements...............................................................................265, 539, 2109 HB 1054 --Teachers and certificated employees; certain employment
continuation; compensation............................................................No Action HB 1055 --Civil practice; depositions; videotaping.................................................No Action HB 1069 --Principal and agent; professional service; charges...............................No Action HB 1070 --Chiropractors; scope of practice .............................................................No Action HB 1071 --Public officials and employees; health insurance;
itemized statement...........................................................................No Action HB 1072 --Public officials and employees; health insurance;
coverage for certain medicine.........................................................No Action HB 1073 --Houston County; board of commissioners;
chairman's election......................................................................431, 432, 958 HB 1074 --Houston County; board of commissioners; election.............................No Action HB 1077 --Teachers; midterm adjustments; training and experience..............................953 HB 1078 --Telephone companies; alternate operator service;
regulation...........................................................................................No Action HB 1079 --Innkeepers; deposit; inspection of premises at check out ..................No Action HB 1083 --Fire Department Revolving Loan Fund; create ...............................................476 HB 1084 --Used motor vehicle dealers; brokers and auctioneers;
registration........................................................................................No Action HB 1085 --Missing persons; exchange of certain information
on juveniles .......................................................................................No Action HB 1086 --Insurance; fraudulent claim on stolen motor vehicles ........................No Action HB 1087 --Sales tax; metal coins and bullion; exemption.....................................No Action HB 1088 --Employees' Retirement; certain judicial employees;
membership......................................................................476, 622, 2115, 2209 HB 1089 --Fire Department Grant Fund; create ................................................................851
HB 1090 --Credit cards; certain information on statement...................................No Action
HB 1091 --Teachers Retirement; teaching service for handicapped
children; credit..................................................................................No Action
HB 1092 --Teachers Retirement; reestablishing creditable service......................No Action
HB 1093 --Peace officers; training expenses; certain reimbursement..................No Action

3274

INDEX

HB 1094 --State employees; interdepartmental transfers; working test period......................................................................236, 408, 776
HB 1095 --Employees' Retirement; allowance and calculation of benefits ...................................................................................431, 546, 1995
HB 1096 --Executors; fee schedules ..........................................................................No Action HB 1097 --Motorcycles; headgear; certain persons.................................................No Action HB 1098 --Garnishment; individual retirement accounts;
certain exception ...........................................................851, 1033, 2631, 2693 HB 1099 --Income tax; military or civil service retirement;
exemption..........................................................................................No Action HB 1100 --Fishing; sport trotlines; remove certain prohibitions ..........................No Action HB 1101 --Governor; qualifications for election; certain
prohibitions.......................................................................................No Action HB 1102 --Stewart County; commissioner; revise provisions................................No Action HB 1103 --Structural Pest Control Commission; composition..............................No Action HB 1104 --Financial institutions; mortgage bankers and brokers;
licensing .............................................................................................No Action HB 1105 --Emerging Crops Fund; provisions......................!88, 381, 775, 1141, 1417, 1422,
1529, 1948, 2116 HB 1106 --DeKalb County; homestead exemption; elderly.................................................24 HB 1107 --DeKalb County; homestead exemption; elderly.................................................24 HB 1108 --Union County; sheriff; duties................................................................................24 HB 1109 --Medical insurance; athletic event; student coverage.........................................24 HB 1110 --Teachers Retirement; transfer service from
Employees' Retirement System ...................................................................24 HB 1111 --Motor Vehicle Theft and Insurance Fraud Reporting
Immunity Act; enact......................................................................................24 HB 1112 --Towns County; sheriff; duties...............................................................................24 HB 1113 --Union County; commissioner; compensation.......................24, 1356, 1357, 1990 HB 1114 --Legislative Retirement; General Assembly member;
prior service..........................................................................24, 431, 552, 2109 HB 1115 --Towns County; commissioner; compensation.....................................................24 HB 1116 --Handicapped parking fines; use of funds............................................................24 HB 1117 --Housing; discrimination; revise prohibitions ......................................................24 HB 1118 --DeKalb County; magistrates; compensation.......................................................24 HB 1119 --Alcoholic beverages; retail package stores; prohibit
certain persons................................................................................................24 HB 1120 --Alcoholic beverages; retail dealer; prohibit
check-cashing center......................................................................................24 HB 1121 --Distilled spirits; excise tax; stamps......................................................................24 HB 1122 --Public officers and employees; liability insurance;
immunity ...........................................................................................No Action HB 1123 --Local government consolidation; procedures......................................................24 HB 1124 --Hazardous waste disposal sites; amend provisions....................................24, 835 HB 1125 --Utility Finance Section of Public Service Commission;
abolish..............................................................................................................24 HB 1126 --Public Service Commission; ex parte communications.....................................24 HB 1127 --Health insurance; usual, customary and reasonable
charge; definition.............................................................................24, 95, 131
HB 1128 --Insurance; capital stock or surplus requirements; amend provisions..............................................................^, 851, 1034, 2335
HB 1129 --Insurance; fraternal benefit societies; revise provisions....................................24
HB 1130 --Property and casualty insurance; business by producer which controls insurer ..................................................................24
HB 1131 --Elections; registrars and chief registrar; compensation.............................24, 95,
132, 773
HB 1132 --Elections; certain county officials; nonpartisan primaries;

INDEX

3275

repeal provision ..............................................................................................24 HB 1133 --River Corridor Protection Act; enact...................................................................24 HB 1134 --Hospitals; capital projects; expenditures; definition .........................................24 HB 1135 --Evidence; expert witnesses; medical malpractice; actions ................................24 HB 1136 --Mortgages; closing services; predetermined fee schedule .................................24 HB 1137 --Insurance; continuing care providers; regulation .........................4, 64, 851, 928,
2502, 2535 HB 1138 --Common-law marriage; prohibitions................................................................5, 64 HB 1139 --Drugs; additional fines for certain offenses..............................5, 64, 1046, 1340,
2340, 2345, 2380, 2407, 2451, 2817, 3017 HB 1140 --Houston County; emergency telephone number 911; create ................5, 64, 67,
75, 774 HB 1141 --Schools; corporal punishment; prohibitions ...................................................5, 64 HB 1142 --GBI; local criminal investigations; participation.................................5, 64, 1271 HB 1143 --State-wide network of regional educational service
agencies; local assistance........................................................5, 64, 760, 1813 HB 1144 --Education; courses concerning alcohol, smoking and drug abuse;
requirement..............................................................................6, 64, 953, 1623 HB 1145 --Retirement; public employees convicted of certain crimes;
forfeit benefits.............................................................6, 64, 1349, 1608, 2644 HB 1146 --Controlled substance; distributing to unborn child; penalty.......................6, 64 HB 1147 --Law Enforcement Officers' Salary Supplement Act; enact..........................6, 64 HB 1148 --Sports official, offense of physical assault......................................................6, 64 HB 1149 --Indemnification; in the line of duty; definition...........................6, 64, 143, 199,
537, 1290, 1313 HB 1150 --State contracts; illegal drug activity; preclude
persons convicted....................................................................?, 64, 520, 1311 HB 1151 --Motor carriers; Public Service Commission personnel;
inspection.........................................................................?, 65, 189, 543, 1987 HB 1152 --Landlord and tenant; residential leases for
military personnel.............................................................7, 65, 137, 162, 440 HB 1153 --Torts; liability of clergy; exception..................................................................?, 65 HB 1154 --Gambling; seizure of property; default judgment;
amend provisions ..............................................................7, 65, 137, 159, 773 HB 1155 --Civil actions; automatic dismissal....................................................................?, 65 HB 1156 --Motor vehicles; driving under the influence; certain
conviction; contraband..............................................................................8, 65 HB 1157 --Gambling; seizure of property; advertisement for two months..................8, 65,
189, 252 HB 1158 --Parking areas; criminal trespass by motor vehicle; sign..............................8, 65,
1169, 1600, 2462 HB 1159 --Residential Finance Authority; exclude persons for
illegal drug activity.........................................................8, 65, 189, 358, 1182 HB 1160 --Georgia Development Authority; exclude persons for illegal
drug activity..........................................................8, 65, 189, 362, 1377, 1548 HB 1161 --Business license; suspension; violation of Controlled
Substances Act...................................................................................8, 65, 520 HB 1162 --Eminent domain; attorney's fees; award.........................................................9, 65 HB 1163 --Prisons; sanitation and health requirements; standards.....................9, 65, 373,
486, 524, 626, 1503 HB 1164 --Magistrate court; civil practice; waiver of jury trial .....................................9, 65 HB 1165 --Child support award; jury not required to specify reason
for deviation.............................................................................9, 65, 851, 1029
HB 1166 --Magistrate Court; civil action; jury trial; transfer
to another court .........................................................................................9, 65
HB 1167 --Election Code; amend provisions........................................10, 65, 236, 453, 1182
HB 1168 --Workers' Compensation; certain injury or death;

3276

INDEX

benefits not allowable..................................lO, 65, 475, 685, 721, 873, 2110 HB 1169 --Insurance agents and brokers; license suspension;
certain offenses..........................................................................10, 65, 95, 494 HB 1170 --State employment; drug testing.....................................................................10, 65 HB 1171 --State employees; random drug testing..............................10, 65, 236, 481, 2629,
2813, 3020 HB 1172 --Elections; registration cards; identification ................................10, 65, 373, 464,
2115, 2205 HB 1173 --Fulton County School Employees Pension System;
membership of board...............................ll, 65, 762, 765, 2120, 2254, 2471 HB 1174 --Fulton County Board of Education; pension fund;
investment authority....................................................11, 65, 711, 712, 1896 HB 1175 --Forest products; severance taxation ..............................................................11, 65 HB 1176 --Boards of tax assessors; removal from office;
number of petitioners..............................................................................11, 65 HB 1177 --County Boards of Education; funds for collection of
unpaid school taxes............................................11, 65, 572, 690, 2230, 2291 HB 1178 --Children under 10 years; prohibit transporting in pickups .......................11, 65 HB 1179 --Safety belt; pickup trucks; exemption...........................................................!!, 65 HB 1180 --Safety belts; pickup trucks; exemption.......................!2, 65, 189, 357, 677, 697,
718, 789, 880, 2202, 2343 HB 1181 --Fax machines; unsolicited commercial messages;
prohibitions....................................................................!2, 65, 189, 388, 1589 HB 1182 --Controlled Substances Act; certain conveyances;
forfeiture....................................................................................................l2, 65 HB 1183 --Sodomy; description of conduct that constitutes offense...........................!2, 65 HB 1184 --First offenders; certain criminal records; requirements ............................12, 65,
851, 1034, 2462 HB 1185 --Driver's license; delay issuance to persons under 16 years
convicted of driving under the influence......................................12, 65, 66, 102, 1993, 2135
HB 1186 --Motor Vehicle Franchise Practices; attorney's fees in certain actions ...................................................................13, 65, 75, 153, 578
HB 1187 --Supplemental appropriations; FY 1989-90 ...................................................13, 65 HB 1188 --Telephone service; county boundary; rate....................................................13, 65 HB 1189 --Douglas County; coroner's compensation ................................13, 65, 67, 75, 379 HB 1190 --Driver's license suspension; person under 18 years who
withdraws from school ............................................................................13, 65 HB 1191 --Bicycles; racing on state highways; prohibitions.........................!3, 65, 431, 649 HB 1192 --Video movies; distribution to minors; prohibitions.....................................!4, 65 HB 1193 --Driver's license suspension; certain persons under 18 years......................!4, 65 HB 1194 --Schools; ages for mandatory education.........................................................14, 65 HB 1195 --Fair access to insurance requirements;
termination date................................................................!4, 65, 95, 131, 529 HB 1196 --Motor Vehicle insurance; assigned risk plan; eligibility............................14, 65,
95, 130, 440 HB 1197 --Driver's license; suspension; probationary license;
eligibility....................................................................................................!4, 65 HB 1198 --Bicycles; racing on state highways; prohibitions .........................................15, 65 HB 1199 --Insurance; experience rating certain groups;
prohibitions.......................................................................................l5, 65, 851 HB 1200 --Driver's license; suspension; possession of controlled
substance................................................................l5, 65, 66, 110, 1993, 2136
HB 1201 --Police Academy; dogs and police officer dog handlers;
training......................................................................................l5, 65, 237, 410
HB 1202 --Housing; discrimination; revise provisions..................................15, 65, 852, 944,
2340, 2522

INDEX

3277

HB 1203 --Drug-free Public Work Force Act of 1990; enact...............................!5, 65, 673, 1347, 1348, 1858
HB 1204 --Crime Information Center; availability of information.....................l6, 65, 143, 205, 2491, 2507, 2630, 2725, 2789, 2993, 2994, 3008, 3020
HB 1205 --Hijacking vehicle transporting alcoholic beverages; penalty.......................................................................................................16, 65
HB 1206 --Ad Valorem Assessment Review Commission; appraiser member; certification ...................................................16, 65, 432, 607, 1287
HB 1207 --Counties and municipalities; multi-year contracts......................16, 65, 96, 127, 1183, 1323, 1505
HB 1208 --Cashers of checks; licensing ........................16, 65, 519, 1122, 2114, 2256, 2315, 2317, 2371, 2901, 3017
HB 1209 --Parks Authority Overview Committee; create..............................................!6, 65 HB 1210 --Workers' Compensation; chairman and members of board;
compensation .........................................................................17, 65, 760, 1036 HB 1211 --Ad valorem tax; freeport exemption; annual application...........................17, 65 HB 1212 --Teachers; on-the-job performance testing; qualifications
for exemption......................................................17, 65, 672, 733, 1377, 1549 HB 1213 --Consumer reports; bankruptcy information; certain
certain prohibitions ...........................................................................17, 65, 79 HB 1214 --Uniform Reciprocal Enforcement of Support; representation
by District Attorney .......................................................17, 65, 66, 126, 1061 HB 1215 --Civil actions; process servers............................................................17, 65, 95, 160 HB 1216 --Controlled substances or marijuana; certain offenses;
proximity to schools................................................................!8, 65, 761, 860 HB 1217 --South Georgia Judicial Circuit; add judge....................................................l8, 65 HB 1218 --Water Quality control; phosphate detergents ..............................................18, 65 HB 1219 --Life insurance; notification to insured..................................18, 65, 95, 127, 717,
1213, 1417, 1553, 1620, 2898, 3017 HB 1220 --Council of Superior Court Clerks; create........................-......18, 65, 66, 126, 773 HB 1221 --Teachers; fees for certificate; certain waiver................................................!8, 65 HB 1222 --License plates; firefighters; certain fee exemption......................................19, 65 HB 1223 --Controlled substances or marijuana; proceeds from sales;
forfeiture...................................................l9, 65, 476, 632, 2656, 2657, 2729, 2787, 2841
HB 1224 --AIDS; transfer of custody of persons; disclosure ................................19, 65, 153 HB 1225 --Student Organization Responsibility for Drug or Alcohol
Abuse Act.......................................................................l9, 65, 477, 616, 2644 HB 1226 --Health Care Personnel Policy Advisory Commission; create ...................19, 65,
475, 630, 1290, 1309 HB 1227 --Motor vehicles; window tinting; medical exemption...................................19, 65 HB 1228 --Divorce; undefended cases; appoint attorney for certain
determination ................................20, 65, 143, 400, 2491, 2504, 2586, 2592, 2655, 2960, 3017
HB 1229 --Motor vehicle insurance; reduction in premiums; eligibility .....................20, 65 HB 1230 --Transportation Department; contracts; agreement for
drug-free workplace .................................................................................20, 65 HB 1231 --Drug-free Postsecondary Education Act; enact..................................20, 65, 477,
619, 2110 HB 1232 --License tags; special plates for veterans awarded
Purple Hearts................................................................20, 65, 189, 388, 1061 HB 1233 --Food sales; retail groceries; price label..........................................................20, 65
HB 1234 --Elected officials; drug testing.................................................................21, 65, 850
HB 1235 --Motor vehicles; automobile carriers; length ......................21, 65, 374, 485, 1182
HB 1236 --Alcoholic beverages; consumption on premises;
prohibit presence of persons under 21 years......................................21, 65,
111, 129

3278

INDEX

HB 1237 --Carrying deadly weapons at public gatherings; penalty.............................21, 65 HB 1238 --Chatham County; clerk of probate court; compensation ....................21, 65, 67,
75, 716 HB 1239 --Chatham County; recorder's court; compensation of
senior judge .............................................................21, 65, 67, 75, 1592, 1899 HB 1240 --Selling or issuing checks; license exemption .......................................22, 65, 519,
721, 2224 HB 1241 --Animal Protection Act; definition of stable .................................................22, 65 HB 1242 --Flint Judicial Circuit; add judge..........................................................22, 65, 1046 HB 1243 --Juvenile proceedings; designated felony act; definition.............................22, 65,
143, 385, 2630, 2706, 3000, 3000 HB 1244 --Boll weevil eradication; assessments.........................................22, 65, 66, 76, 268 HB 1245 --Teachers Retirement; certain payments to Board of Trustees .................59, 74 HB 1246 --Funeral processions; law enforcement officers;
immunity of liability ....................................................59, 74, 237, 409, 2224 HB 1247 --County courthouses; demolition; referendum requirement ................60, 74, 96,
127, 529 HB 1248 --Local governments; buildings; display names of certain
officials ...................................................................60, 74, 712, 916, 963, 1556 HB 1249 --Georgia Coordinate System; applicability..........................60, 74, 477, 838, 2336 HB 1250 --Georgia Registered Professional Nurse Practice Act; enact .....................60, 74,
265, 458, 775, 1314 HB 1251 --Human Resources; certain contracts; amend provisions ...........................60, 74,
520, 835 HB 1252 --Revenue Commissioner; controlled substance;
jeopardy assessment.....................................................61, 74, 374, 489, 1988 HB 1253 --Sales and use tax; certain evasion;
penalties (Drug Package) .......................................................61, 74, 190, 253 HB 1254 --Nonpublic Postsecondary Educational Institutions
Act of 1990.....................................61, 74, 429, 497, 1592, 1930, 1953, 2146, 2319, 2874, 3017
HB 1255 --Income tax; retirement income; exemption ..................................................61, 74 HB 1256 --Controlled substances; proceeds from sales; forfeiture...............................61, 74 HB 1257 --Superior courts; single-member districts in
judicial circuits .........................................................................................62, 74 HB 1258 --Hotel-motel tax; nonprofit organizations; financial records ......................62, 74 HB 1259 --Emergency Medical Services Grant Fund; create .............................62, 74, 1169 HB 1260 --Emergency Medical Services Loan Fund; create.................................62, 74, 851 HB 1261 --Schools; alcohol and drug course; requirement ..................................62, 74, 570,
740, 1988 HB 1262 --Administrative Services; recycled paper or fiber;
certain contracts.......................................................................................63, 74 HB 1263 --State employment; drug testing ..........................................63, 74, 373, 611, 2644 HB 1264 --State employees; random drug testing..................................................63, 74, 373 HB 1265 --Drug-free Postsecondary Education Act; enact.....................................63, 74, 79 HB 1266 --Controlled substance convictions; examining board
licenses; sanctions ....................................................................................63, 74 HB 1267 --Drug-free Public Work Force Act; enact..............................................63, 74, 132 HB 1268 --Driving under the influence; person under 18 years;
license suspension ....................................................................................64, 74 HB 1269 --Workers' Compensation; injured while under influence
of drugs; benefits .............................................................................64, 74, 130
HB 1270 --Driver's license; withdrawal from school; persons
under 18 years ..........................................................................................64, 74
HB 1271 --Session laws and journals; distribution.........................................................70, 94
HB 1272 --Family Practice, Joint Board; members expense allowance .....................70, 94,
1567, 1830, 2629, 2816

INDEX

3279

HB 1273 --Election; code revisions.............................................................71, 94, 95, 127, 773 HB 1274 --Courts; contempt powers; applicability to employment
requirements ....................................................................71, 94, 95, 128, 1375 HB 1275 --U. S. Veterans Administration; change name to
U. S. Department of Veterans Affairs...........................................71, 94, 95,
128, 440 HB 1276 --Juvenile proceedings; jurisdiction over certain children ............................71, 94 HB 1277 --Torts; charitable donations of food ........................................71, 94, 95, 128, 774 HB 1278 --Code of Georgia; revisions..............................................72, 94, 95, 129, 775, 1268 HB 1279 --Uniform Rules of the Road; residential areas;
applicability ....................................................................................72, 94, 1099 HB 1280 --Child abuse or deprivation; access to records;
Personnel Board ........................................72, 94, 95, 129, 2453, 2476, 2785, 2787, 2862
HB 1281 --Sales tax; food exemptions; amend................................................................72, 94 HB 1282 --Mortgages; EMC's may encumber after-acquired
property ............................................................................72, 94, 189, 405, 857 HB 1283 --Western Judicial Circuit; judges; supplementary
compensation...................................................................73, 94, 125, 125, 440 HB 1284 --Campaign contributions; personal use; prohibitions...................................73, 94 HB 1285 --Jenkins County; board of education; compensation ..........................73, 95, 125,
126, 2465 HB 1286 --Brooks County; coroner's compensation ..............................73, 95, 125, 126, 379 HB 1287 --Real Estate Appraiser License and Certification Act;
enact...........................................................................................................73, 95 HB 1288 --Supplemental appropriations; FY 1989-90.........................73, 95, 235, 271, 788,
789, 859, 877, 882, 963, 1062, 1507 HB 1289 --Superior court clerks; uniform filing fees...........................................88, 125, 521 HB 1290 --Reidsville; mayors' terms; remove certain limitation ......................88, 125, 144,
144, 237, 240, 677 HB 1291 --Credit cards; monthly statement; certain information .............................88, 125 HB 1292 --Chatham County; homestead exemption; increase ..........................88, 125, 144,
144, 2337 HB 1293 --Criminal procedure; certain offenses; period for
prosecution ...........................................................................88, 125, 521, 1728 HB 1294 --Municipal courts; judges' training; cost .........................88, 125, 521, 1346, 2645 HB 1295 --Motor vehicles; certain accidents; remove reporting
requirements..................................................................89, 125, 189, 249, 578 HB 1296 --Board of Registration of Used Motor Vehicle Dismantlers,
Rebuilders, and Salvage Dealers; termination..................................89, 125, 189, 246, 858
HB 1297 --Schools; certain crimes, reporting requirements; liability..........................................89, 125, 429, 581, 2229, 2296, 2439, 2449, 2454, 2682, 3018
HB 1298 --Tax receivers; duties...............................................89, 125, 853, 1621, 2492, 2541 HB 1299 --Real estate transfer tax; certain exemption.............................89, 125, 522, 1129 HB 1300 --Tax sales; surplus from property sales; amend provisions.......................89, 125 HB 1301 --Controlled substances; contraband; forfeiture;
amend provisions ...................................................................................90, 125 HB 1302 --Kennesaw; mayor and councilmen; election ..............................90, 125, 149, 478 HB 1303 --Alcoholic beverages; purchase from licensed dealer..................................90, 125 HB 1304 --Real estate; housing trust fund; tax on interest ........................................90, 125
HB 1305 --Atlanta Judicial Circuit; add judge.........................................90, 125, 1046, 1781
HB 1306 --Atlanta Judicial Circuit; add two judges ....................................................90, 125
HB 1307 --Joint county and municipal sales tax; distribution
of proceeds ..............................................................................................90, 125
HB 1308 --Firearms; keep in locked container..............................................................91, 125

3280

INDEX

HB 1309 --Legislative Services Committee; meetings; amend provisions .....................................................................91, 125, 711, 840, 2462
HB 1310 --Hospices; license requirements ....................................................91, 125, 265, 460 HB 1311 --Wills; testator's spouse; elect to take certain property.............................91, 125 HB 1312 --Campaign contributions; personal use; amend provisions.......................91, 125,
571, 778, 2117 HB 1313 --Public Telecommunications Commission; create .............................92, 125, 238,
447, 1061 HB 1314 --General Appropriations Act; FY 1990-1991..........................92, 125, 1295, 1422,
2007, 2028, 2075, 2146, 2176, 2729, 3019 HB 1315 --Controlled Substances; forfeitures; amend provisions..............................92, 125 HB 1316 --Child abuse; reporting requirements .............................92, 125, 475, 1152, 2452,
2493, 2580, 2604, 2656, 2781, 3018 HB 1317 --Child abuse; establish central registry ..........................92, 125, 851, 1066, 2453,
2565, 2631, 2785, 2840, 2907, 3018 HB 1318 --Child abuse protocol committee; reporting requirements.......................93, 125,
851, 1074, 2453, 2569, 2631, 2785, 2841, 2911, 3018 HB 1319 --Child abuse; records; accessibility..................................93, 125, 851, 1070, 2453,
2574, 2631, 2786, 2841, 2916, 3018 HB 1320 --Juvenile proceedings; removal of child from home..........................93, 125, 431,
603, 2225 HB 1321 --Evidence; child molestation; competency ........................93, 125, 236, 449, 2225 HB 1322 --Indigent counsel; child deprivation cases ...................................................93, 125 HB 1323 --State medical examiner; provide office; coroner's
requirements .........................................93, 125, 850, 1252, 2340, 2346, 2471 HB 1324 --Physical therapists; licensing; authority of Board.....................................94, 125 HB 1325 --Columbia County; superintendent of schools; non-partisan
election..................................................................................H3, 142, 190, 191 HB 1326 --Nonprofit agencies; certain contracts with Human Resources;
immunity ..................................................................113, 142, 850, 1030, 2225 HB 1327 --Mitchell County; state court; judge and solicitor;
compensation ...............................................................114, 142, 190, 192, 440 HB 1328 --Teachers; certification; renewal fee............................................................H4, 142 HB 1329 --Burke County; board of education; compensation.................H4, 142, 190, 193,
1061, 1416, 2471 HB 1330 --Commercial driver's license; hazardous materials;
requirement...........................................................................................114, 142 HB 1331 --Trial juries; first peremptory challenge..........................................114, 142, 1569 HB 1332 --Trial juries; prosecuting attorney; peremptory challenges.....................114, 142 HB 1333 --Land Sales Act; amend provisions..................................H4, 142, 266, 842, 2225 HB 1334 --Teachers; certification; fees.........................................................................H5, 142 HB 1335 --Ad valorem tax; agricultural land; preferential assessment;
file date.......................................................................H5, 142, 374, 493, 2225 HB 1336 --Campaign contributions; public agencies; prohibitions .........................115, 142,
520, 836, 2110 HB 1337 --Uniform rules of the road; application on
private property.................................................................H5, 142, 761, 1159 HB 1338 --Property appraisers; termination of employment
upon qualifying for public office.......................................................115, 142 HB 1339 --Bailable offense before superior court judge;
minimum bail...............................................................................H5, 142, 521 HB 1340 --Controlled substances or marijuana; prohibit purchase........................116, 142,
702, 1151, 2645
HB 1341 --LaGrange, City of; municipal funds; expenditure..........................116, 142, 190,
193, 530
HB 1342 --Veterans Service Board; location of meetings ................................116, 142, 519,
1121, 2645

INDEX

3281

HB 1343 --LaGrange, City of; municipal court; establish................................116, 142, 190, 194, 530
HB 1344 --Controlled substances; revise provisions...................................................116, 142 HB 1345 --Controlled Substances Act; violations; fines..................................116, 142, 1649 HB 1346 --Sales tax; solicitation; definition of dealer ...............................................116, 142 HB 1347 --Parade or demonstration permit; restrictions........................117, 142, 703, 844,
880, 905 HB 1348 --Drug Demand Reduction Fund; drug abuse education..........................117, 142 HB 1349 --Uniform Statutory Rule Against Perpetuities; provide...................94, 125, 395,
541, 1375 HB 1350 --Bonds; judgment of forfeitures null and void;
certain cases...........................................94, 125, 521, 691, 2353, 2542, 2696, 2719, 2790, 2963, 3018
HB 1351 --Workers' Compensation; farm laborers; coverage ..........................117, 142, 430, 555, 1182
HB 1352 --Wills; subscribing witnesses; effect of legacy or devise .........................117, 142, 475, 660, 2225
HB 1353 --Wills; child born out of wedlock; inheritance..................................117, 142, 571 HB 1354 --Educational funds; purchase or relocation of certain
existing buildings.................................................................................118, 142 HB 1355 --Motor vehicles; amber light on loads of logs.........................H8, 142, 761, 1008 HB 1356 --Teachers; certification; amend provisions on certain test......................118, 142 HB 1357 --Children; interference with visitation rights;
penalties......................................................................................118, 142, 1570 HB 1358 --Solid waste facilities; certain permits; moratorium.................................118, 142 HB 1359 --Corrections, Department of; employees wearing hazardous
clothes; prohibit requirement ....................................................118, 142, 237 HB 1360 --Motor Vehicles; revise Code........................ll9, 142, 431, 582, 2115, 2173, 2343 HB 1361 --Business Corporation Code; amend provisions...............................119, 142, 143,
210, 774 HB 1362 --Environmental Protection Act of 1990......................................................119, 142
HB 1363 --Campaign contributions; certain disclosure; reporting requirements........................................................................119, 142
HB 1364 --Comprehensive Solid Waste Management Act; provide.........................119, 142 HB 1365 --Seed Development Commission; peanuts produced as seed;
prohibit assessment.............................................................................119, 142 HB 1366 --Animal Protection Act; amend........................................120, 142, 143, 203, 2225 HB 1367 --Honeybees; certain diseases; power of Commissioner
of Agriculture.............................................................l20, 142, 143, 202, 2226 HB 1368 --Controlled substances; selling; possession; penalty.................................138, 188 HB 1369 --Salt waters; open or close; determination by Commissioner.................138, 188 HB 1370 --Employment Security; commercial fishing vessel;
wages of crew.....................................................................139, 188, 760, 1343 HB 1371 --Stephens County; education District 2; composition.....................!39, 188, 266,
266, 478
HB 1372 --Fishing; possession limit for red drum; delete provision.........................................................139, 188, 430, 557, 1988
HB 1373 --Conservation rangers; law enforcement assistance; authorization..............................................................!39, 188, 430, 557, 1988
HB 1374 --Agricultural Exposition Authority; membership; compensation...............................................................120, 142, 235, 384, 774
HB 1375 --Chemical test; hearings; introduction of
certain evidence...................................................................121, 142, 143, 401
HB 1376 --Controlled substances; forfeiture; stay until conviction.........................121, 142
HB 1377 --Controlled substances and dangerous drugs; amend list.......................121, 142,
475, 688, 2645
HB 1378 --Gwinnett County; homestead exemption;

3282

INDEX

elderly or disabled ......................................................121, 142, 190, 190, 530 HB 1379 --Gwinnett Judicial Circuit; add judge.............................................. 121, 142, 1569 HB 1380 --Sexual offenses; acts constituting sodomy...............................121, 142, 521, 607 HB 1381 --Intangible tax; returns; filing extension..................................122, 142, 522, 843,
2115, 2171, 2253, 2261, 2314, 2930, 3018 HB 1382 --Bail bond business; elected officials; permissible....................................122, 142 HB 1383 --Home health agency; certificate of need;
certain exemption .................................................122, 142, 1480, 1597, 2336 HB 1384 --Local board of education; course in citizenship and
character development........................................................................122, 142 HB 1385 --Campaign disclosure; Ethics in Government..........................l22, 142, 711, 781,
1896, 1904, 1953, 2019, 2074, 2979, 3019 HB 1386 --Motor fuel distributor; letter of credit; post in
lieu of bond...........................................................................................!22, 142 HB 1387 --Law enforcement or prison guards; controlled
substances; felony offense ........................................................123, 142, 1570 HB 1388 --Land surveying; definition ..........................................................................123, 142 HB 1389 --Board of Registration of Used Car Dealers; composition .....................123, 142,
236, 448, 2110 HB 1390 --Guardian; settlement on behalf of ward; judge's
authorization..............................................................l23, 142, 521, 870, 2226 HB 1391 --Guardianships; modification or termination; revise
provisions ...................................................................123, 142, 702, 871, 2645 HB 1392 --Estates; reporting period of fiduciaries..........................123, 142, 521, 872, 2226 HB 1393 --Controlled substances; distributing to unborn child;
penalty ..............................................................................124, 142, 1532, 1870 HB 1394 --Controlled substances; offenses within certain distance
of school; penalty .................................................................................124, 142 HB 1395 --Ad valorem tax; reevaluation or reappraisal program;
reduction...............................................................................................124, 142 HB 1396 --Intergovernmental Council of Chatham County; create ...............139, 188, 237,
242, 2351, 2416 HB 1397 --Interrogatories; additional information........................124, 142, 431, 1308, 2336 HB 1398 --Cobb County-Marietta Water Authority; membership terms..............139, 188,
237, 243, 530 HB 1399 --Cordele Office Building Authority; amend purpose ......................140, 188, 237,
243, 677 HB 1400 --Wilkinson County; sheriffs automobile; replace at
100,000 miles................................................................l40, 188, 237, 244, 716 HB 1401 --Ivey, City of; homestead exemption; elderly...................................!40, 188, 237,
238. 716 HB 1402 --Jones County; homestead exemption; elderly.................................140, 188, 762,
763, 1114 HB 1403 --Twiggs County; homestead exemption; elderly ..............................140, 188, 237,
239, 1183 HB 1404 --Wilkinson County; homestead exemption; elderly.........................!40, 188, 237,
239. 716 HB 1405 --Property; sales contracts; disclose certain provisions.............................140, 188 HB 1406 --Credit cards; interest and other charges; revise
provisions.....................................................................141, 188, 188, 248, 529 HB 1407 --Elbert County; board of education; compensation.........................!41, 188, 237,
245, 530
HB 1408 --Recreation Examiners, State Board of; termination date.....................141, 188,
198, 760, 1301, 1988
HB 1409 --Adoption; parental rights; failure to care for child................................141, 188,
851, 1028
HB 1410 --Schools; sparsity grants for certain school systems;

INDEX

3283

continuation..........................................................................................141, 188 HB 1411 --Electrical service; rate regulation...............................................................141, 188 HB 1412 --Hunting; certain handguns for game animals;
authorization......................................142, 188, 760, 1031, 2230, 2260, 2306, 2314, 2372, 2470, 2541
HB 1413 --Thomaston-Upson County School System; merger .......................181, 235, 374,
375, 530 HB 1414 --Dietetics Practice Act; enact..................................................181, 235, 1168, 1699 HB 1415 --Retirement bills; actuarial investigations; date..............................182, 235, 431,
545, 2336 HB 1416 --Employment Security; drug abuse; disqualification
of benefits..............................................................................................l82, 235 HB 1417 --Transportation Board; per diem; amend number of days.....................182, 235,
522, 682, 1287 HB 1418 --Taylor County Superior Court; terms...............................................!82, 235, 384 HB 1419 --Colleges; president serve as county or municipal deputy
registrar......................................................................182, 235, 475, 693, 1287 HB 1420 --Meriwether County; tax commissioner's salary..............................182, 235, 266,
266, 530 HB 1421 --Workers' Compensation; Self-insurers Guaranty
Trust Fund; create..................................................!83, 235, 760, 1130, 1988 HB 1422 --Emergency 911 system; local governments impose
monthly charge..........................................................!83, 235, 727, 863, 1988 HB 1423 --Hazing; penalty ..................................................................142, 188, 521, 869, 2645 HB 1424 --Lowndes County; board of education; repeal Act
fixing compensation............................................................183, 235, 266, 530 HB 1425 --Mobile homes; decals; requirements...........................!83, 235, 1480, 1605, 2463 HB 1426 --Workers' Compensation; insurer's refusal to cover
certain risk ..............................................183, 235, 236, 267, 452, 1290, 1317 HB 1427 --Accident and sickness insurance; mammograms or pap smears;
coverage........................................................!83, 235, 1568, 1843, 2541, 2699 HB 1428 --Business records; maintain for three years ....................................184, 235, 1045 HB 1429 --Professional engineer certificates; fees; exemption
for elderly..............................................................................................184, 235 HB 1430 --Education; direct instructional costs; amend provisions.......................184, 235,
760, 1150 HB 1431 --Norwood, City of; new charter ..........................................184, 235, 374, 376, 531 HB 1432 --Superior Court judges; election ..................................................................184, 235 HB 1433 --Hearing Aid Dealers, State Board of; termination date........................!84, 235,
265, 480, 1896 HB 1434 --Hospitals; definitions; amend provisions .......................185, 235, 475, 879, 2110 HB 1435 --Highways; rest areas; law enforcement; jurisdiction......................185, 235, 237,
540, 2600, 2895 HB 1436 --Drug abuse; trafficking in marijuana; punishment ................................185, 235,
237, 540 HB 1437 --Hospitals; certain counties; establish without
certificate of need ................................................................................185, 235 HB 1438 --Aggravated mutilation; create offense.......................................................185, 235 HB 1439 --Perry Area Convention and Visitors Bureau Authority;
create ..................................................................185, 235, 266, 267, 859, 1252
HB 1440 --Probation; collection of certain fines; writs of fieri facias...................................................................!86, 235, 395, 514, 2645
HB 1441 --Education; contracts for transportation of pupils..........................l86, 235, 702,
738, 2114, 2315, 2471
HB 1442 --County Leadership Act; provide training seminar.........................186, 235, 475,
694, 1993, 2285
HB 1443 --Counties; clerks attend training seminar.......................186, 235, 475, 694, 1989

3284

INDEX

HB 1444 --Special county one percent sales tax; proceeds; record.........................186, 235, 432, 609, 2226
HB 1445 --Firearms; license fees........................................................186, 235, 395, 446, 2110 HB 1446 --Georgia Laws; publication; amend provisions ........................187, 235, 395, 544,
2341, 2375 HB 1447 --Motor fuel taxes; retail sales; certain refund.........................228, 265, 853, 1037 HB 1448 --Alcoholic beverages; purchase by persons under 21;
penalty...........................................................................................228, 265, 521 HB 1449 --Trade Secrets Act of 1990; provide ....................228, 265, 485, 1349, 1612, 2645 HB 1450 --Civil actions; dismissal or parties not prevailing;
certain costs ..........................................................................................228, 265 HB 1451 --Torts; collateral source; subrogation..........................................................228, 265 HB 1452 --Motor vehicles; financial responsibility; nonresidents ............................229, 265 HB 1453 --Aggravated child molestation; include certain act ..................................229, 265 HB 1454 --Criminal sexual conduct with minor; provide for offense......................229, 265 HB 1455 --Probation; counties contract for certain services.....................................229, 265 HB 1456 --Mental health; medical records of deceased patient;
release..................................................................................229, 265, 852, 1345 HB 1457 --Human Resources; rules; grant variances and waivers..................229, 265, 520,
730, 2110 HB 1458 --Driver improvement clinics; required drug and
alcohol course .......................................................................................230, 265 HB 1459 --Securities Act of 1973; amend.................................230, 265, 364, 475, 736, 1989 HB 1460 --County boards of equalization; membership;
appointments..............................................................................230, 265, 1571 HB 1461 --Whigham, City of; mayor and councilmen; election ......................230, 265, 374,
377, 531 HB 1462 --Shiloh, City of; homestead exemption; certain residents......................230, 265,
374, 375, 717 HB 1463 --Securities; investment adviser; registration ............................230, 265, 269, 850,
925, 1993, 2294 HB 1464 --DeKalb County; county surveyor; appointment.............................231, 265, 374,
377, 774 HB 1465 --Campaign disclosure; soil and water conservation
supervisors; exempt ................................................231, 265, 520, 1121, 1989 HB 1466 --Insurance; reports of fraudulent acts; investigation...............................231, 265,
475, 627 HB 1467 --HMO; benefits of Medicare or Medicaid recipients;
contract..................................................................................................231, 265 HB 1468 --Sales tax; fuel to heat structures for raising swine;
exemption..............................................................................................231, 265 HB 1469 --Accident and sickness insurance; diagnostic procedure
with head, neck or face; coverage......................................................232, 265 HB 1470 --The Reach of Song; designate state historic drama ......................232, 265, 395,
552, 1061 HB 1471 --Public records; certain disclosure of applicants;
requirements.........................................................................................232, 265 HB 1472 --Motor vehicle registration; landlord's notification;
requirement...........................................................................................232, 265 HB 1473 --Special purpose county sales tax; certain projects..................................232, 265 HB 1474 --Hazardous waste facilities; design and construction;
state policy ............................................................................................187, 235
HB 1475 --Local governments; zoning powers; standards .........................................232, 265
HB 1476 --Special elections; nongeneral election year; date.....................................233, 265
HB 1477 --Crimes; possession of explosives; penalty .................................................233, 265
HB 1478 --Serious traffic accident; chemical test; requirements .............................233, 265
HB 1479 --Assault or battery; abusive language; justification..................................233, 235

INDEX

3285

HB 1480 --Tax officials; executions against public utilities; issuance...................................................................233, 265, 1480, 1600, 2463
HB 1481 --Stepparent; child custody; certain obligations.........................................234, 265 HB 1482 --Compensation of certain county officials;
effective date of census ..................................................234, 265, 1046, 1598 HB 1483 --Murray County; five-person board of commissioners;
create.............................................................................234, 265, 431, 436, 717 HB 1484 --Children and youth; employment training;
Human Resources provide .............................................257, 372, 1422, 1645 HB 1485 --Stewart County; commissioner; election ..........................257, 372, 395, 396, 677 HB 1486 --Buford, City of; homestead exemption; elderly.......................258, 372, 762, 764 HB 1487 --Department of Environmental Protection; create ...................................258, 372 HB 1488 --Abortion; certain funds; prohibit use........................................................258, 372 HB 1489 --Cobb County Juvenile Court; second judge; appointment....................258, 372,
395, 396, 858 HB 1490 --Occupational tax; Professional Counselors, Social
Workers, Marriage and Family Therapists; exemption .........................................................................258, 372, 1480, 1615 HB 1491 --Columbus; municipal court; compensation of certain officials ............................................................258, 372, 395, 396, 775 HB 1492 --Commercial Code; motor vehicle sales; certain collateral .....................259, 372,
761, 862 HB 1493 --Disabled veterans; homestead exemption;
extend to unremarried spouse...............................259, 372, 853, 1145, 1989 HB 1494 --Stewart County; board of elections; create......................259, 372, 395, 396, 677 HB 1495 --Norcross, City of; homestead exemption; elderly...........................259, 372, 891,
893, 1288 HB 1496 --Sexual offenses; certain convictions; register with
sheriff.....................................................................................................259, 372 HB 1497 --Deceptive Trade Practices; copy-righted material;
certain exemptions...............................................................................259, 372 HB 1498 --Appeals; judgment $10,000 or less; amend provisions ...........................260, 372,
1160, 1272, 2475, 2563, 2655, 2725, 2789 HB 1499 --Teachers; certification fees ....................................260, 372, 429, 554, 2114, 2208 HB 1500 --Education; mandatory age; amend provisions..........................................260, 372 HB 1501 --MARTA; state appropriations; repeal provisions....................................260, 372 HB 1502 --MARTA; certain purchases; competitive bidding ..........................260, 372, 395,
645, 958 HB 1503 --Superior court; create office of senior clerk .............................................260, 372 HB 1504 --Motor vehicle insurance; certain claims; amend
time limit..............................................................................261, 372, 475, 737 HB 1505 --Crimes; tattooing near the eye; prohibitions ........................261, 372, 850, 1303,
2491, 2603, 2894, 2895 HB 1506 --Cobb County Private Sector Survey Committee on
Cost Control; create ............................................................261, 372, 395, 397 HB 1507 --Child welfare agencies; video equipment; installation............................261, 372 HB 1508 --Ad valorem tax; youth programs; additional purpose ...................261, 373, 892,
1118, 2646 HB 1509 --Stone Mountain Judicial Circuit; add judge ............................................261, 373 HB 1510 --Motor vehicle insurance; coverage while operating
any vehicle ............................................................................................262, 373 HB 1511 --Employment; equal opportunity ......................................................262, 373, 1202
HB 1512 --Explosive device; offense of criminal possession............................262, 373, 475,
878, 2491, 2943, 3020
HB 1513 --State employees; sick leave; authorization ....................................262, 373, 1295,
1610, 2336
HB 1514 --Atlanta Judicial Circuit; provide chief judge.........................262, 373, 851, 1302

3286

INDEX

HB 1515 --Mechanics' and materialmen's liens; lien and bond rights; waiver ............................................................................................262, 373, 521
HB 1516 --Education; failure to put schools in operation; funding........................263, 373, 760, 1398, 2226
HB 1517 --Education; suspending and opening local school systems; repeal certain article...............................................263, 373, 760, 1399, 2336
HB 1518 --Education Partnership Act of 1990; provide...................................263, 373, 570, 1400, 2463
HB 1519 --Education; certain programs; computation of full-time equivalent cost ...........................................................................263, 373, 1532
HB 1520 --Administrative Procedure; Board of Regents and Department of Education; rules .........................................263, 373, 672, 933, 2380, 2534
HB 1521 --Educators; certain designated crimes; reporting requirements ....................................263, 373, 1047, 1271, 1319, 2632, 2679, 2780, 2786, 2872, 2951, 3019
HB 1522 --Consumer reports; writ of fieri facias; verification.................................264, 373, 395, 643
HB 1523 --Judges; temporary assignments; Atlanta and Ocmulgee Circuits; add judge ........................................264, 373, 475, 557, 2580, 2788, 2841, 2844, 2929, 2972, 3019
HB 1524 --Kingston, City of; new charter ..........................................366, 394, 431, 436, 774 HB 1525 --County managers; General Assembly provide by
local law ........................................................................................366, 394, 703 HB 1526 --State Boxing and Wrestling Commission; create ..........................367, 394, 1417 HB 1527 --Civil practice; renewal of certain actions..........................................367, 394, 761 HB 1528 --New residential construction; seller furnish certain
plans.......................................................................................................367, 394 HB 1529 --Stephens County; state court judge and solicitor;
compensation ...............................................................367, 394, 431, 436, 717 HB 1530 --Workers' Compensation; certain volunteer firelighters;
coverage ..............................................................................367, 394, 760, 1394 HB 1531 --Workers' Compensation; certain treatment; payment to
provider .........................................................................................367, 394, 760 HB 1532 --Pollution; lake water quality standard; establish ....................................368, 394 HB 1533 --Water pollution; combined sewer overflow;
treatment plan......................................................................................368, 394 HB 1534 --Water pollution; study portion of Chattahoochee River
Basin ......................................................................................................368, 394 HB 1535 --Water pollution; combined sewer overflow system; permit ...................368, 394 HB 1536 --Master barber; definition ....................................................................368, 394, 850 HB 1537 --Building permit; submit plans to officer of fire
department............................................................................................369, 394 HB 1538 --Teachers; grievance procedures ..................................................................369, 394 HB 1539 --Ad valorem tax; standing timber; fair market value .....................264, 373, 522,
917, 1376 HB 1540 --Ad valorem tax; annual reports containing millage rate.......................264, 373,
572, 727, 2226 HB 1541 --Department of Medical Assistance; interest limitation.........................369, 394,
673, 907, 2226 HB 1542 --County school district; ad valorem tax; rate limitation..........................369, 394 HB 1543 --Ad valorem tax; rate increase; limitation..................................................369, 394 HB 1544 --DeKalb County; chief executive officer; salary ........................................369, 394
HB 1545 --DeKalb County; certain property; ad valorem
tax exemption........................................................370, 394, 1047, 1049, 1678
HB 1546 --Time-share; delete reference to certain
campsite programs ..................................................370, 394, 697, 1046, 1157
HB 1547 --Prisons; random testing for alcohol or drug abuse .......................370, 394, 1569

INDEX

3287

HB 1548 --Counties; disposition of property of certain development authorities.........................................370, 394, 761, 1120, 1989
HB 1549 --Parole; notification to victims of crime .........................................370, 394, 1349, 1852, 2646
HB 1550 --Child welfare agencies; adoption; licensing requirements ......................371, 394 HB 1551 --Assault or battery; symbolic speech; justification ...................................265, 373 HB 1552 --County boards of health; certain contracts; bids ..........................371, 394, 1168 HB 1553 --Property; certain counties; extend covenants .................................371, 394, 571,
1421, 2463 HB 1554 --Special license plates; Pearl Harbor veterans ........................371, 394, 431, 554,
2230, 2370, 2492, 2504, 2580, 3019 HB 1555 --Motor Vehicle Warranty Rights Act; create...........................371, 394, 761, 935,
1994, 2008, 2117, 2674 HB 1556 --Conditioned air contractor; license requirements....................................390, 429 HB 1557 --Georgia Aviation Hall of Fame; membership..........................390, 429, 520, 832 HB 1558 --Self-sufficiency Trust Fund for Mentally Disabled; create ...................391, 429 HB 1559 --Warner Robins, City of; deannexation of certain property ..................391, 429,
477, 477, 1115, 1215 HB 1560 --Teachers Retirement; change title of executive officer .........................391, 429,
702, 875, 2111 HB 1561 --Divorce; children's interest; parents attend seminar ..............................391, 429 HB 1562 --Motorized carts; registration and licensing; fee......................................391, 429,
761, 1142 HB 1563 --Licensed practical nurses; requirements .................................372, 394, 460, 850,
927, 2111 HB 1564 --Housing authorities; security personnel; employment...................372, 394, 571,
683, 689 HB 1565 --Magistrate court; disciplining of magistrates;
approval.........................................................................................391, 429, 521 HB 1566 --Environmental Protection Division; director; appointment...................392, 429 HB 1567 --Local governments; ordinance violations; increase fines .......................392, 429,
702, 1131, 2455, 2532 HB 1568 --Used car dealers; definition...............................392, 429, 1046, 1402, 2491, 2533 HB 1569 --Norcross, City of; new charter.....................................392, 429, 1047, 1051, 1504 HB 1570 --Municipalities; unfit buildings; hearings........................392, 429, 520, 664, 1287 HB 1571 --Vidalia onion; official vegetable; designate .....................................392, 429, 701,
1404, 2227 HB 1572 --Crimes; cockfighting; penalty......................................................................393, 429 HB 1573 --Driving with child under 14 years while under
influence; penalty.................................................................................393, 429 HB 1574 --Augusta Judicial Circuit; add judge ...........................393, 429, 1046, 1765, 2463 HB 1575 --Manchester, City of; board of commissioners; election .........................420, 474,
521, 522, 1062, 1214 HB 1576 --Decatur County Emergency (911) Communications Service
District Act; enact.......................................................420, 474, 521, 522, 858 HB 1577 --Property; towing service; remove certain prohibition.............................421, 474 HB 1578 --Ad valorem tax; landmark historic property; fair market
value..............................................................421, 474, 1571, 1839, 2630, 2720 HB 1579 --Savannah-Chatham County; Teachers Retirement; amend
provisions of board ...................................................421, 474, 521, 523, 2337 HB 1580 --Child support; computation of award........................................................421, 474 HB 1581 --Sheriffs; certain deposits; interest bearing accounts..............................421, 474,
1169, 1391
HB 1582 --Atlanta, City of; municipal court; costs .........................421, 474, 711, 713, 1896
HB 1583 --Judges; disqualifications; certain cases relating
to zoning................................................................................................422, 474
HB 1584 --Woodstock, City of; mayor and councilmembers;

3288

INDEX

compensation .............................................................422, 474, 521, 523, 1680 HB 1585 --Dual-party telephone relay system; hearing and speech
impaired persons..........................................................................422, 474, 727 HB 1586 --Cherokee County; board of commissioners; election to
another office...............................................................422, 474, 521, 523, 858 HB 1587 --Commercial driver's license; certain school bus drivers;
fee exemption .......................................................................................422, 474 HB 1588 --Manchester, city of; certain violations; fines for jail
construction .................................................................422, 474, 521, 523, 958 HB 1589 --Special license plates; certain veterans .....................................................423, 474 HB 1590 --Victims of crime under 14 years; remove prosecution
limitation...............................................................................................423, 474 HB 1591 --State Election Board; certain rights; amend provisions ........................423, 474,
475, 737 HB 1592 --Civil practice; discovery; filing of requests and
responses ...............................................................................................423, 474 HB 1593 --Education; competencies and core curriculum; establish .......................423, 474 HB 1594 --Lobbying; disclosures; certain expenses; General Assembly
members ................................................................................................423, 474 HB 1595 --State employees; commercial driver's license fees;
reimbursement...........................................................393, 429, 431, 555, 1182 HB 1596 --Bias Crimes and Antiterrorism Task Force; establish .................393, 429, 1208 HB 1597 --Property; escrow accounts; loan proceeds; disbursement ......................394, 429,
851, 902, 1989 HB 1598 --Education; student ID cards; issuance .................................424, 474, 1532, 1621 HB 1599 --Counties; occupational tax and license fees;
amend provisions .................................................................................424, 474 HB 1600 --Municipalities; occupational tax and license fees;
amend provisions.................................................................................424, 474 HB 1601 --City and business improvement district; license fees and
occupation tax; surcharge ........................................424, 474, 703, 935, 1589 HB 1602 --Abortions; certain institutions; liability insurance;
requirements .........................................................................................424, 474 HB 1603 --Abortion; minor; parents not responsible for health cost ......................425, 474 HB 1604 --Abortion Complications Reporting Act; create ........................................425, 474 HB 1605 --Motor vehicle insurance; unknown person causing
accident without contact ..................................................425, 474, 852, 1392 HB 1606 --Trade Secrets Act of 1990; create ..............................................................427, 474 HB 1607 --Controlled substance; forfeitures; disposal of seized
property.........................................................................................427, 474, 852 HB 1608 --Business and occupation tax; failure to pay; prosecution.....................427, 474,
521, 914, 2114, 2210, 2265, 2314 HB 1609 --Accident and sickness insurance; coverage;
mutual agreement..............................................................427, 474, 851, 1270 HB 1610 --Small businesses; minimum amount of capital ..............................427, 474, 852,
1394, 2463 HB 1611 --Athens, City of; mayor and council; election..................................468, 519, 571,
573, 900 HB 1612 --Motor fuel tax; cooperative agreements with other states....................468, 519,
1048, 1385, 2646
HB 1613 --Income tax; accident and sickness insurance for employees; credit......................................................................................................469, 519
HB 1614 --Public Revenue Code; reference date; Federal tax code .......................469, 519,
892, 1646, 2463
HB 1615 --Juvenile court; inquire into parents ability to pay certain
child support.........................................................................................469, 519
HB 1616 --Youthful offenders; place of detention;

INDEX

3289

change facilities .....................................................469, 519, 1160, 1185, 2336 HB 1617 --Juvenile courts; supervision fees; certain services..................................469, 519,
1169, 1304, 2453, 2478, 2692, 2725, 2862, 2945, 3019 HB 1618 --Sales tax; certain dealers; estimated tax liability ...................................469, 519,
1571, 1848 HB 1619 --Real estate transfer tax; disclosure form;
confidentiality.......................................................................................470, 519 HB 1620 --Tax sales; advertisements; written notice of execution .........................470, 519,
892, 1647, 2452, 2549 HB 1621 --Tax and license fees; payment; amend provisions..................................470, 519,
1480, 1850 HB 1622 --Commercial vehicles; registration; reciprocal agreement
with other states...........................................470, 519, 761, 1187, 2340, 2360 HB 1623 --Intangible tax; financial institutions;
exemption of stock..................................................470, 519, 954, 1088, 2111 HB 1624 --Nursing homes; reporting abuse; certain immunity ...............................470, 519,
761, 1392 HB 1625 --Catoosa County; homestead exemption; elderly.............................471, 519, 571,
572, 900 HB 1626 --Emergency management; restrict working hours of local
director..................................................................................................428, 474 HB 1627 --Municipalities; county voter registration; requirements.........................428, 474 HB 1628 --Special elections and special municipal elections;
uniform date ............................................................428, 474, 520, 1081, 2111 HB 1629 --Taxidermists; record requirements; licensing.....................428, 474, 1045, 1198,
2341, 2529 HB 1630 --Indemnification; emergency medical technicians; coverage ..................428, 474,
1169, 1268, 1269, 1397, 2464 HB 1631 --Downtown development authorities; director's
qualifications ..............................................................................428, 474, 1048 HB 1632 --Superior Court Judges Retirement; mandatory age ......................429, 474, 851,
1082, 2337 HB 1633 --Supreme Court and Court of Appeals; justices and judges;
mandatory retirement..................................429, 474, 851, 1083, 2115, 2207 HB 1634 --DeKalb County; ad valorem tax; millage rate........................471, 519, 711, 713,
1998, 2261, 2343 HB 1635 --Trial Judges and Solicitors Retirement; mandatory age.......................471, 519,
702, 832, 2337 HB 1636 --Mitchell County; magistrate court; fees for law library ........................471, 519,
571, 573, 858 HB 1637 --Superior courts; administrators; compensation........................................471, 519 HB 1638 --Brooks, Town of; new charter............................................471, 519, 571, 574, 958 HB 1639 --Georgia Municipal Employees' Benefit System; name change.............472, 476,
519, 729, 1993, 2140 HB 1640 --Student teachers; supervisors; support specialists;
payment .........................................................472, 519, 788, 1853, 2452, 2524 HB 1641 --Education; first grade readiness; assessment ..................................472, 519, 890,
1536, 2464 HB 1642 --Education; alternative programs beyond regular
daytime program..........................................................................472, 519, 890 HB 1643 --Accident and sickness insurance; other insurers;
prohibitions...........................................................................................472, 519
HB 1644 --Liquified petroleum gas; license or permit; one-time fee......................472, 519,
1046, 1296, 1989
HB 1645 --Bremen, City of; board of education; terms....................472, 519, 571, 575, 858
HB 1646 --Ad valorem tax; standing timber part of real estate..............................473, 519,
1048, 1383, 2111

3290

INDEX

HB 1647 --Civil practice; sheriffs sales; dates ...............................516, 521, 570, 1389, 2646 HB 1648 --Chatham County; chairman of board of commissioners;
terms ...........................................................................516, 570, 673, 674, 2338 HB 1649 --Savannah, City of; mayor; limitation on terms ..............................517, 570, 673,
674, 2338 HB 1650 --Land surveyor-in-training; certification ....................................................517, 570 HB 1651 --Blasting and excavating near underground pipes;
notification...................................................517, 570, 1046, 1522, 2416, 2606 HB 1652 --Post mortem examination; notification of death to coroner..................517, 570 HB 1653 --Examining board licensee; certain drug conviction;
sanctions................................................................................................517, 570 HB 1654 --Honey and imitation honey; mislabeling penalty.........................517, 570, 1045,
1385, 2337 HB 1655 --Marijuana or controlled substance; driving under influence;
implied consent ....................................................................................473, 519 HB 1656 --Recall of public officers; sufficiency review petitions.............................517, 570 HB 1657 --Commercial fishing; license for trawlers...........................................473, 519, 731 HB 1658 --Local option sales tax; food exemption;
applicability ................................................................................474, 519, 1480 HB 1659 --Income tax; certain income level; food tax credit .........................518, 570, 1480 HB 1660 --County boards of equalization; notice of appeal;
filing fee .......................................................518, 570, 1161, 1538, 2630, 2695 HB 1661 --Medical assistance; allowable reimbursements; limitations ...................518, 570 HB 1662 --Property; land bank authorities; establish .....................................518, 570, 1569 HB 1663 --District attorneys; personnel; continuation of
certain positions ......................................................518, 570, 851, 1813, 2646 HB 1664 --Ad valorem tax; freeport exemption; reduction.......................................518, 570 HB 1665 --Special license plates; Supreme Court Justices and
Court of Appeals Judges......................................561, 672, 1046, 1273, 2646 HB 1666 --Centerville, City of; corporate limits..........................561, 672, 1047, 1052, 1590 HB 1667 --Quality Basic Education; certain schools to receive
sparsity grants......................................................................................562, 672 HB 1668 --Brooks County; board of education; compensation and
expenses........................................................................562, 672, 711, 713, 959 HB 1669 --Highways; loads of tobacco or cotton; limits; exceptions.......................562, 672 HB 1670 --McDuffie County; board of elections and registration;
create.............................................................................562, 672, 711, 713, 959 HB 1671 --Airports; financial assistance for certain facilities...................................562, 672 HB 1672 --Land surveyors; continuing education.......................................................562, 672 HB 1673 --Railroads; special officers; residency requirements ................................562, 672,
1169, 1535 HB 1674 --Medicare; supplement insurance; regulations.................................563, 672, 851,
1086, 2464 HB 1675 --Criminal proceedings; witnesses; testimony on direct
examination...........................................................................................563, 672 HB 1676 --Criminal procedure; speedy trials; provide...............................................563, 672 HB 1677 --Motor vehicle; financial responsibility;
habitual offender...................................................563, 672, 1046, 1510, 2646 HB 1678 --Prepaid Limited Health Service Organization Act; provide.................563, 672,
696, 851, 1210 HB 1679 --Real estate; salesperson's license; reinstatement
requirement..............................................................563, 672, 850, 1514, 2464
HB 1680 --Buildings; Standard Fire Prevention Code (SBCCI);
requirements ............................................................564, 672, 850, 1864, 2647
HB 1681 --Housing authority commissioners; operating surplus;
compensate............................................................................................564, 672
HB 1682 --Animal cruelty; penalty ...............................................................................564, 672

INDEX

3291

HB 1683 --Medical Assistance Act; drug application fees .........................................564, 672 HB 1684 --Blakely, City of; corporate limits ......................................564, 672, 711, 714, 959 HB 1685 --Deeds and mortgages; recording; name and address
requirement...........................................................................................564, 672 HB 1686 --Boilers and pressure vessels; certain exceptions;
provisions.............................................565, 672, 850, 1087, 1118, 1529, 2464 HB 1687 --Emerson, City of; corporate limits....................................565, 672, 711, 714, 959 HB 1688 --Jails; security areas; post signs...................................................................565, 672 HB 1689 --Child support receivers; increase fee .........................................................565, 672 HB 1690 --Sales tax; certain lease agreements; discharge .........................................565, 672 HB 1691 --Sales tax; nonresident purchasers of motor vehicle;
repeal exemption..................................................................................565, 672 HB 1692 --Northeast Georgia Surface and Air Transportation Commission;
add member county........................................565, 616, 672, 703, 1511, 2647 HB 1693 --Torts; certain liability; employer's failure to check
employee record...........................................................................566, 672, 702 HB 1694 --Gwinnett County; board of commissioners; funds;
itemized account.............................................566, 672, 711, 714, 2114, 2319 HB 1695 --Boats; discharge of sewage on Lake Lanier; exceptions .........................566, 672 HB 1696 --Indigent Care Trust Fund; provide ..............................566, 672, 850, 1063, 1990 HB 1697 --State Housing Trust Fund for Homeless; certain funds;
deposit ...................................................................................................567, 672 HB 1698 --State Board of Physical Therapy; authorization.............................567, 672, 761 HB 1699 --Public utilities; certain depository institutions;
payment of bills ...................................................................................567, 672 HB 1700 --Ad valorem tax; disapproved county digests; collection........................567, 672,
1571, 1851 HB 1701 --Sales tax; phone or telecommunication services;
certain definition..................................................................................567, 672 HB 1702 --Ad valorem tax; digest disapproval; additional
assessment ........................................................................568, 672, 1571, 1850 HB 1703 --Ad valorem tax; executions against public utilities.................................568, 672 HB 1704 --Telephone service; county boundary; rate........................................568, 672, 727 HB 1705 --Hotel-motel tax; accommodations; certain authorities ...........................568, 672 HB 1706 --Public school instruction; mentally retarded persons.............................568, 672 HB 1707 --Motor vehicles; failure to stop at scene of accident;
penalty ...................................................................................................569, 672 HB 1708 --Local governments; bonds; allocation...........................569, 672, 850, 1080, 2227 HB 1709 --Manufactured and mobile homes; installation; regulation....................569, 672,
1561, 1642, 1686 HB 1710 --Life and Health Insurance Guaranty Association; insurers;
assessments....................................................569, 672, 851, 1090, 2631, 2892 HB 1711 --Income tax; Teachers Retirement; one-time exclusion of
certain contributions ..............................................569, 672, 892, 1537, 2464 HB 1712 --Peachtree City, City of; mayor and councilmen;
staggered terms .........................................................670, 711, 762, 767, 1114 HB 1713 --Chattooga County compensation of certain official;
repeal provision ...............................................................670, 711, 1048, 1509 HB 1714 --Chattooga County Hospital Authority; filling vacancies.......................670, 711,
762, 768, 1062, 1208 HB 1715 --Chattooga County; chief magistrate; probate judge no
longer serve................................................................670, 711, 762, 769, 1114
HB 1716 --Chattooga County; commissioner; compensation...........................670, 711, 762,
769. 1288
HB 1717 --Morgan County; tax commissioner; compensation.........................670, 711, 762,
770. 1590
HB 1718 --Mclntosh County; school superintendent; appointment...............670, 711, 762,

3292

INDEX

771, 1061 HB 1719 --Driving under the influence; detention period ..............................671, 711, 1046 HB 1720 --Public contracts; bids; certain amount..........................671, 711, 753, 891, 1535,
2341, 2348, 2380, 2449, 2454 HB 1721 --Fish; sale, purchase or transporting; amend provisions..........................707, 759 HB 1722 --Branch bank; establishment in certain counties......................................707, 759 HB 1723 --Schools; discharge of firearms; distance requirements ...........................708, 759 HB 1724 --Commercial Code; motor vehicle sales; collateral....................................708, 759 HB 1725 --Pawnbrokers; motor vehicles; possession before fee
charged ..................................................................................................708, 759 HB 1726 --Teachers Retirement; benefits; increase .........................................671, 711, 1283 HB 1727 --Lowndes County; board of education; election; repeal Act...................708, 759,
852, 854, 1114 HB 1728 --Jails; incarceration; full-time jailer on duty..................................671, 711, 1099,
1537, 2464 HB 1729 --Education; Matthews-Dent scholarships; provide ...................................671, 711 HB 1730 --Ad valorem tax; disapproval of digests; repeal certain
withholding provisions ........................................................................708, 759 HB 1731 --Fulton County; board of commissioners; revise certain
election districts ...................................................................................708, 759 HB 1732 --Fulton County; compensation of board of commissioners;
repeal Act..............................................................................................708, 759 HB 1733 --Probation; revocation; stay until conviction.............................................709, 759 HB 1734 --Columbus, City of; mayor or councilor; filling vacancies ......................709, 759,
852, 855, 1114 HB 1735 --Downtown Marietta Development Authority;
enlarge district...........................................................709, 759, 852, 855, 1115 HB 1736 --Pulaski County; board of education; election .................................709, 759, 891,
894, 1183 HB 1737 --Pulaski County; deputies and personnel;
operating expenses....................................................709, 759, 852, 855, 1115 HB 1738 --Joint county and municipal sales tax; interest on
proceeds.................................................................................................709, 759 HB 1739 --Criminal traffic offenses; 16 year old tried as an adult..........................709, 759 HB 1740 --State Board of Funeral Service; termination date .................................710, 759,
850, 924 HB 1741 --Abortion; certain funds; prohibit use ........................................................710, 759 HB 1742 --Dentures; marked with name or social security number.......................710, 759,
1168, 1547, 2631, 2657, 2784, 2788 HB 1743 --Jury trials; time for filing............................................................................755, 849 HB 1744 --Administrators; bond requirements; waiver .............................................755, 849 HB 1745 --Public officers and employees; charitable deductions;
liability...................................................................................................756, 849 HB 1746 --Hazardous waste reduction plans; reports ................................................756, 849 HB 1747 --Fiduciary; environmental risks; powers.....................................................756, 849 HB 1748 --Juvenile Justice Coordinating Council; membership; duties .................756, 849 HB 1749 --Witnesses; testimony of child; videotape..................................................756, 849 HB 1750 --Cobb County; board of elections; employment of attorney ..................756, 849,
891, 895, 1288 HB 1751 --Decatur, City of; admission of certain nonresident
students to public school.........................................757, 849, 891, 896, 1678 HB 1752 --Uninsured motorist coverage; deductible amount..........................757, 849, 851,
1323, 1379, 1941, 2656, 2684, 2780, 2894, 2971, 3010
HB 1753 --Workers' Compensation; deductibles optional to the
policy holder................................................757, 849, 1271, 1512, 2451, 2522
HB 1754 --Metropolitan Atlanta Olympic Games Authority; amend
provisions ...............................................................757, 849, 1048, 1273, 2465

INDEX

3293

HB 1755 --Medical Assistance; certain drugs; reimbursement.......................757, 849, 1568 HB 1756 --Quality Basic Education; program weights; modification.....................710, 759,
1720, 1831, 2514, 2700 HB 1757 --GeorgiaNet Authority; create ............................710, 759, 1417, 1627, 2229, 2362 HB 1758 --Motor vehicle emission and inspection; counties;
applicability..........................................................................................758, 849 HB 1759 --Income tax; retirement income; age for exclusion...................................758, 849 HB 1760 --Medical Assistance; payments; recoupment .............................................758, 849 HB 1761 --Hancock County; board of commissioners; compensation ....................758, 849,
891, 896, 1505, 2277 HB 1762 --Sales tax; tickets for certain nonprofit organizations;
exemption..............................................................................................758, 849 HB 1763 --Rapid rail passenger service; Public Service Commission;
jurisdiction........................................758, 849, 1417, 1837, 2475, 2580, 2729, 2787, 2842, 2949, 3019
HB 1764 --College Park, City of; homestead exemption................................759, 849, 1099, 1101, 1896
HB 1765 --Norman Park, City of; mayor and councilmen; terms ..................759, 849, 891, 897, 1288
HB 1766 --Mining or blasting; residential water well; distance requirement...........................................................................................846, 890
HB 1767 --Georgia Animal Fighting Act; provide ......................................................846, 890 HB 1768 --Animal cruelty; penalty ...............................................................................846, 890 HB 1769 --Mining; permit; certain agreement between counties.............................846, 890 HB 1770 --Structural pest control; certain records; inspection ................................846, 890 HB 1771 --Paulding County Water Authority; abolish...................846, 890, 954, 955, 1376 HB 1772 --Dallas, City of; corporate limits ......................................847, 890, 954, 955, 1376 HB 1773 --Wrightsville, City of; corporate limits ............................847, 890, 954, 955, 1376 HB 1774 --Bad checks; criminal issuance; definition.................................................847, 890 HB 1775 --Rail Passenger Authority; membership; appointment ............................847, 890 HB 1776 --Austell, City of; mayor and councilmembers; election...........................847, 890,
954, 955, 1288 HB 1777 --Cohutta, City of; corporate limits; consolidation ...........................847, 890, 954,
955, 1288
HB 1778 --Oak Ridge Water and Sewerage Authority; repeal Act creating................................................................847, 890, 954, 956, 1288
HB 1779 --Retired magistrates; perform marriage ceremonies .....................848, 890, 1046, 1612, 2647
HB 1780 --Insurance; agent's certificate; prohibit termination based on loss ratio...........................................................................................848, 890
HB 1781 --Courts; abusive party; removal from home ..............................................883, 952 HB 1782 --State government; nonprofit contractor; definition......................883, 952, 1422 HB 1783 --Baxley, City of; council; election; terms ........................................884, 952, 1047,
1054. 1504
HB 1784 --Driver's license; educational eligibility; persons under 18 years ......................................................................................884, 952
HB 1785 --Wells; drilling under direction of geologists; contractor's license...............................................................................884, 952
HB 1786 --Catoosa County; board of utilities commissioner; selection ..................................................................884, 952, 1047, 1054, 1590
HB 1787 --Conservation ranger; driver's license as collateral for bail.........................................................................................884, 952, 1479
HB 1788 --Lamar County; chief magistrate; selection....................................884, 952, 1047,
1055. 1376
HB 1789 --AIDS; HIV testing; requirements; exemption..........................................848, 890
HB 1790 --Funeral directors and embalmers; revise Code ..................849, 890, 1169, 1531,
2454, 2527

3294

INDEX

HB 1791 --McDuffie County; homestead exemption...................884, 952, 1047, 1050, 1678 HB 1792 --Contracts; releases; operation of law .........................................................885, 952 HB 1793 --Bad checks; issuance; penalty.....................................................................885, 952 HB 1794 --Motor vehicle insurance; total loss claim; provision for
settlement..............................................................................................885, 952 HB 1795 --Polk County; tax commissioner; compensation............................885, 952, 1047,
1056, 1376 HB 1796 --Conyers, City of; mayor and councilmembers; election.........................885, 952,
1047, 1057, 1504 HB 1797 --Driver's license; abstract; furnish to certain agencies............................885, 952,
1046, 1645 HB 1798 --Special license plates; sheriffs; certain vehicles............................886, 952, 1046,
1139, 2322, 2355 HB 1799 --Mandated Benefits Review Act; provide ..................................................886, 952 HB 1800 --Effingham County; homestead exemption; elderly ......................886, 952, 1047,
1050, 1504 HB 1801 --Public transit operators; drug-testing programs.....................................887, 952,
1283, 1296 HB 1802 --Aid to dependent children; school attendance; certain
exceptions ...................................................................................887, 953, 1561 HB 1803 --Estates; year's support; amend provisions................................................887, 953 HB 1804 --Estates; certain petition; signatures of heirs at law................................887, 953 HB 1805 --Laurens County; tax commissioner; compensation......................887, 953, 1047,
1057, 1504 HB 1806 --School buses; self-insurance plans; establish............................................887, 953 HB 1807 --Boats; discharge of sewage on certain lakes;
prohibitions............................................................888, 953, 1479, 1605, 2337 HB 1808 --Solid waste disposal; location; notification ..........................888, 953, 1561, 1865 HB 1809 --Walker County; state court judge and solicitor;
compensation.........................................................888, 953, 1047, 1058, 1504 HB 1810 --Motor vehicles; damage to new vehicles; disclosure...............................888, 953,
1099, 1846 HB 1811 --Civil practice; land levies; notification...........................................888, 953, 1208,
1647, 2647 HB 1812 --Stone Mountain, City of; new charter........................888, 953, 1047, 1059, 1678 HB 1813 --Health care; cost of services; review ....................................889, 953, 1568, 1693,
2340, 2548 HB 1814 --Annexation; certain counties; applicability; remove
language.................................................................................................889, 953 HB 1815 --Superior court clerks; transcript costs; deposit........................................889, 953 HB 1816 --Insurance premium finance companies; contract;
cancellation ...........................................................................................889, 953 HB 1817 --Insurance; Medicare supplements; review ................................................889, 953 HB 1818 --Clinical laboratories; certain examinations ordered
by chiropractors ...................................................................................889, 953 HB 1819 --Coweta Judicial Circuit; add judge..................................................890, 953, 1046 HB 1820 --Georgia Water Authority; create ................................................................890, 953 HB 1821 --Dalton, City of; power of eminent domain; certain board ..................948, 1044,
1099, 1101 HB 1822 --Nashville, City of; mayor and councilmen; election.............................948, 1044,
1099, 1102, 1590 HB 1823 --Alapaha, Town of; mayor and councilmen; election..................948, 1044, 1099,
1103. 1590
HB 1824 --Ray City, City of; mayor and councilmen; election ...................948, 1044, 1099,
1104. 1590
HB 1825 --Enigma, Town of; mayor and councilmen; election ...................948, 1044, 1099,
1104, 1590

INDEX

3295

HB 1826 --Pesticides; licensing requirements of applicators ..................................948, 1044 HB 1827 --Buildings; water preservation; indoor plumbing;
requirements ...................................948, 1044, 1561, 1821, 2564, 2696, 3020 HB 1828 --Liberty County; enhanced emergency 911 system; maintenance
fees ........................................................................949, 1044, 1099, 1105, 1590 HB 1829 --Hinesville, City of; council; election .........................949, 1044, 1170, 1173, 1678 HB 1830 --Tallapoosa, City of; mayor and council; meetings .....................949, 1044, 1099,
1106, 1590 HB 1831 --Butts County; courthouse; maintenance from certain fees.................949, 1044,
1099, 1107, 1590 HB 1832 --Butts County; chief magistrate; supplemental salary..........................949, 1044,
1099, 1107, 1591 HB 1833 --Income tax; pensions; lump-sum; exclusions..........................................949, 1044 HB 1834 --Wills; renouncement; hand delivery or by mail..........................949, 1044, 1569,
1819, 2647 HB 1835 --Savannah-Chatham County Anti-Drug Commission; provide............950, 1044,
1099, 1108, 2341, 2431 HB 1836 --Newton County; board of commissioners; salary .......................950, 1044, 1099,
1109, 1591 HB 1837 --Wills; last prior to death of testator; provide
procedure.............................................................................................950, 1044 HB 1838 --Georgia Commission on Public Education Progress;
establish ....................................................................................950, 1044,1532 HB 1839 --Sandersville, City of; new charter.............................950, 1044, 1283, 1283, 1896 HB 1840 --Dublin, City of; corporate limits ...............................950, 1044, 1099, 1110, 1591 HB 1841 --Heard County; sheriffs compensation .....................951, 1044, 1099, 1110, 1591 HB 1842 --Income tax; certain savings accounts; interest;
exemption ............................................................................................951, 1044 HB 1843 --Torts; certain vehicles; safety equipment ...............................................951, 1044 HB 1844 --Burke County; board of commissioners; compensation .......................951, 1044,
1099, 1111, 1591 HB 1845 --Municipalities; annexation; remove certain prohibitions .....................951, 1044 HB 1846 --Municipalities; annexation of territories; requirements ......................951, 1044,
1048, 1132, 2111 HB 1847 --Arrest warrants; oath of affiant................................................................952, 1044 HB 1848 --Attachment; application for writ; requirements ...................................952, 1044,
1046, 1305 HB 1849 --Macon, City of; Georgia State Fair; lease of
certain property...................................................952, 1044, 1099, 1112, 1591 HB 1850 --Hapeville, City of; officials; election and terms..........................952, 1044, 1570,
1573, 2112 HB 1851 --Lilburn, City of; corporate Iimits............................l040, 1098, 1170, 1174, 1896 HB 1852 --Fulton County; board of commissioners; terms...................................1040, 1098 HB 1853 --Ben Hill County; board of education; composition..................!040, 1098, 1170,
1174, 1679 HB 1854 --Census data; boards, commissions, and bodies;
membership; congressional districts.............................................1041, 1098, 1295, 1847, 2452, 2562
HB 1855 --Douglas County; homestead exemption; elderly.......................!041, 1098, 1170, 1171, 1679
HB 1856 --Catoosa County; commissioners; compensate.................1041, 1098, 1170, 1175, 2351, 2357
HB 1857 --Catoosa County; coroner's compensation ..................................1041, 1098, 1170,
1176, 1990
HB 1858 --Douglas County; board of commissioners; membership....................1041, 1098,
1170, 1177, 1679
HB 1859 --Douglas County; homestead exemption; elderly........................!042, 1098, 1170

3296

INDEX

1171, 1679 HB 1860 --Decatur, City of; ad valorem tax; deferral;
eligibility.............................................................!042, 1098, 1170, 1177, 1679 HB 1861 --Douglas County; homestead exemption.................1042, 1098, 1170, 1172, 1679 HB 1862 --Toombs County Development Authority; create......................!042, 1098, 1170,
1178, 1679 HB 1863 --Clarke County; state court; solicitor's compensation.........................!042, 1098,
1170, 1179, 1897 HB 1864 --Peace officers; employment and training; Public
Public Training Center ...................................................................1042, 1098 HB 1865 --Nursing homes; abuse; reporting............................................................!042, 1098 HB 1866 --Georgia Employer Drug Testing Act; provide......................................!043, 1098 HB 1867 --Elderly; volunteer service credit program ..................................1043, 1098, 1568 HB 1868 --Controlled substances; certain violations; imprison
without parole...................................................................................1043, 1098 HB 1869 --Fulton County; commissioner districts; revise .....................................1043, 1098 HB 1870 --Construction; electrical contractors; define premises..........................!096, 1168 HB 1871 --Moultrie, City of; corporate Iimits..........................l096, 1168, 1356, 1358, 1990 HB 1872 --Fetus, fetuses and fetal; change Code references................................1096, 1168 HB 1873 --Wilcox County; board of commissioners; compensation....................1096, 1168,
1283, 1284, 1679 HB 1874 --Certificate of need; conversion of certain hospital
facilities .............................................................................................1096, 1168 HB 1875 --Acupuncturists; registration; requirements...........................................1097, 1168 HB 1876 --Commerce Civic Center and Tourism Authority; create...................1097, 1168,
1283, 1284, 1897 HB 1877 --Family Preservation and Child Protection Reform Act;
provide...............................................................................................!097, 1168 HB 1878 --Butts County; board of education; expenses..................1097, 1168, 1283, 1284,
1896, 1910 HB 1879 --Hampton, City of; municipal court; jurisdiction ......................1097, 1168, 1283,
1284. 1897 HB 1880 --Stockbridge, City of; municipal court; provide.........................!097, 1168, 1283,
1285. 1897 HB 1881 --Locust Grove, City of; municipal court; jurisdiction..........................1097, 1168,
1283, 1285, 1897 HB 1882 --Fayette County; tax commissioner; compensation...................1163, 1282, 1356,
1359, 1990 HB 1883 --Fayette County; sheriff; compensation............................H63, 1282, 1356, 1360,
1994, 2289 HB 1884 --Fayette County; superior court clerk; compensation .........................1363, 1282,
1356, 1360, 1990 HB 1885 --Fayette County; probate court judge; compensation .........................1163, 1282,
1356, 1361, 1990 HB 1886 --Clinch County; board of commissioners;
chairman's salary ..............................................1163, 1282, 1356, 1362, 1990 HB 1887 --Atkinson County; board of commissioners; chairman's
compensation.....................................................H63, 1282, 1356, 1363, 1991 HB 1888 --Employment benefits; county funds; include elected
officials and personnel..........................................................1163, 1282, 1422 HB 1889 --Georgia Agrirama Development Authority Overview
Committee; establish..............................H64, 1282, 1348, 1599, 2230, 2293
HB 1890 --Financial transaction card; personal information on sale
record; prohibit.................................................................................H64, 1282
HB 1891 --Sugar Hill, City of; change corporate limits .............................1164, 1282, 1356,
1364, 1991
HB 1892 --Richmond County; civil court; change jurisdiction............................1164, 1282,

INDEX

3297

1356, 1365, 1991 HB 1893 --Trucks; towing trailers; stopping on certain
highways..................................................................................H64, 1282, 1309 HB 1894 --Trailers; reflective materials; requirement.................................1165, 1282, 1309 HB 1895 --Trucks; towing certain trailers; speed limits..............................H65, 1282, 1309 HB 1896 --Trucks; towing certain vehicles; following too close;
requirements...........................................................................H65, 1282, 1309 HB 1897 --Lamar County; enhanced emergency 911 system; create..................1165, 1282,
1356, 1366, 2228 HB 1898 --Good Hope, City of; new charter............................1165, 1282, 1356, 1367, 1991 HB 1899 --Liens; real estate rentals; provide .....................................1165, 1282, 1570, 1866 HB 1900 --Physicians; certain X-ray services; prohibit charges...........................1165, 1282 HB 1901 --Carroll County; commissioners; expense allowance .................1166, 1282, 1356,
1367. 1991 HB 1902 --Cobb County; state court; change certain titles.......................1166, 1282, 1356,
1368. 2338 HB 1903 --Kennesaw, City of; corporate limits .......................1166, 1282, 1356, 1369, 1991 HB 1904 --Athens and Clarke County; unified government; create ...................1166, 1282,
1876, 1878, 2228 HB 1905 --Morgan County; commissioners; compensation........................1166, 1282, 1356,
1370, 1991 HB 1906 --Qualifying for state office; mandatory drug testing...........................H66, 1282,
1295, 1405 HB 1907 --Whitfield County; certain officers; prohibit certain
actions.................................................................H66, 1282, 1356, 1370, 2112 HB 1908 --Marietta, City of; corporate limits..........................H67, 1282, 1356, 1371, 1991 HB 1909 --Marietta, City of; corporate limits..........................1167, 1282, 1356, 1372, 1991 HB 1910 --Whitfield County; former officers; continue insurance
coverage..............................................................1167, 1282, 1356, 1373, 1991 HB 1911 --Prisoners; cost of incarceration; reimbursement to
counties..............................................................................................H67, 1282 HB 1912 --Industrial life insurance; prohibitions; 65,000 or more
population.........................................................................................1167, 1282 HB 1913 --Public Service Commission; transportation; law enforcement
officers.................-...................................................................1167, 1282, 1309 HB 1914 --Adjutant general; eligibility requirements..................................!168, 1282, 1487 HB 1915 --Anatomical Gift Act; donations; certain recipients;
preference..........................................................................................^??, 1355 HB 1916 --Haralson County; commission; change to
multimember board................................!277, 1355, 1570, 1574, 2115, 2165 HB 1917 --Johns Creek Community Improvement District; create....................1277, 1355,
1488, 1490, 2474, 2561 HB 1918 --Forsyth County; homestead exemption; elderly
or disabled..........................................................!277, 1355, 1488, 1489, 1992 HB 1919 --Joint Wilkinson-Mclntyre-Irwinton-Toomsboro
Water and Sewer Authority; create...................................1277, 1355, 1488, 1491. 1992
HB 1920 --Cobb Judicial Circuit; amend provisions ........................1277, 1355, 1380, 1488, 1492. 1992
HB 1921 --Irwin County; commission chairman; compensate...................1277, 1355, 1488, 1492. 1992
HB 1922 --Griffin Judicial Circuit; judge's supplement.............................1288, 1355, 1488,
1493. 2228
HB 1923 --Glennville, City of; corporate limits .......................1278, 1355, 1488, 1494, 1992
HB 1924 --Fleeing or eluding peace officer; penalty..............................................1278, 1355
HB 1925 --Hunting licenses; disabled veterans; Florida
resident; reciprocity ....................................................1278, 1355, 1837, 1855

3298

INDEX

HB 1926 --Cruelty to animals; define offense...............................................!278, 1355, 2146 HB 1927 --Berrien County; board of commissioners; composition;
compensation...........................................!278, 1355, 1570, 1575, 2115, 2172 HB 1928 --Lilburn, City of; homestead exemption .................1278, 1355, 1488, 1489, 1992 HB 1929 --Hunting wildlife with crossbows; certain circumstances....................1279, 1355 HB 1930 --Hapeville, City of; redevelopment powers..................................!279, 1355, 1570
1575, 2112 HB 1931 --Henry County; education superintendent; appointment...................1279, 1355,
1488, 1495, 1992 HB 1932 --Tift County; board of commissioners; compensate..................!279, 1355, 1488,
1495, 1992 HB 1933 --Chatham County; magistrate Court; mediation service;
fee........................................................................!279, 1355, 1488, 1496, 2338 HB 1934 --Henry County; board of education; elections ...........................1279, 1355, 1488,
1497. 1992 HB 1935 --Henry County; 911 telephone system; fees ...............................1279, 1355, 1488,
1498. 1993 HB 1936 --McDonough, City of; municipal court; penalty ........................1280, 1355, 1488,
1498, 1993 HB 1937 --Chatham County; state Court; mediation service; fees......................!280, 1355,
1488, 1499, 2338 HB 1938 --Telephones; measured service basis; rate schedules............................1280, 1355 HB 1939 --Certificate of need; revocation.................................!280, 1355, 1561, 1698, 2647 HB 1940 --Property; disturbing interred human remains.....................................1280, 1355 HB 1941 --Utility, industrial, yard and garden equipment; regulate
distributors........................................................................................l280, 1355 HB 1942 --DeKalb County; ordinance violations.....................!281, 1355, 1570, 1576, 2647 HB 1943 --DeKalb County recorder's court; penalties...............................1281, 1355, 1570,
1577, 2648 HB 1944 --Thomasville, City of; new charter.......................,...1281, 1355, 1658, 1661, 2228 HB 1945 --Athens, City of and Clarke County; Board of education;
election.....................................................1281, 1355, 1570, 1578, 2176, 2177 HB 1946 --Coweta Judicial Circuit; add judge.........................!281, 1355, 1569, 1732, 2465 HB 1947 --Appling County; board of education; staggered terms ......................1281, 1355,
1488, 1500, 1993 HB 1948 --Health records; patients cost for copying.............................................1281, 1355 HB 1949 --Baxley, City of; corporate limits .............................1282, 1355, 1488, 1501, 2112 HB 1950 --Appling County; board of commissioners;
staggered terms.................................................1282, 1355, 1488, 1501, 2112 HB 1951 --Flint Judicial Circuit; add judge ......................................1282, 1355, 1569, 1749,
2471, 2547 HB 1952 --East Dublin, Town of; change name to City of
East Dublin........................................................l351, 1486, 1570, 1579, 2112 HB 1953 --Murray County; board of education; provisions........................1351, 1486, 1570
1579, 2112 HB 1954 --Bingo; repeal provisions...................................................,.......................1351, 1486 HB 1955 --Fitzgerald, City of; homestead exemption; elderly.............................!352, 1486,
1570, 1571, 2113 HB 1956 --Augusta Judicial Circuit; probation officials;
supplement.........................................................!352, 1486, 1570, 1580, 2648 HB 1957 --Sewage Holding Tank Act; provide........................1352, 1486, 1561, 1645, 2337 HB 1958 --Oil spills; regulation by Environmental Protection
Division..............................................................................................l352, 1486
HB 1959 --Riverdale, City of; homestead exemption..................................!352, 1486, 1570,
1572, 2113
HB 1960 --Highways; transportation of houseboats...............................................1353, 1486
HB 1961 --Income tax; moderately developed or developed areas;

INDEX

3299

certain counties................................................................................1353, 1486 HB 1962 --Catoosa County; comprehensive land use plan ........................1353, 1486, 1570,
1581. 2113 HB 1963 --Carroll County; education districts.........................!353, I486, 1570, 1582, 2113 HB 1964 --Weapons or explosives; carrying at public gatherings........................1353, 1486 HB 1965 --College Park, City of; redevelopment powers...........................1353, 1486, 1570,
1582. 2113 HB 1966 --Quality Basic Education; children at risk; alternate
programs .................................................................................1354, 1486, 1648 HB 1967 --Cobb County; sheriff and staff; compensation .........................1354, 1486, 1570,
1583. 2113 HB 1968 --Snellville, City of; corporate limits.........................1354, 1486, 1570, 1584, 2228 HB 1969 --Courts; temporary assignment of judges..........................1354, 1486, 1569, 1797 HB 1970 --Peach County; board of education; provide ..............................1354, 1486, 1570,
1585, 2113 HB 1971 --Chatham County; transit service fees; prohibitions............................!354, 1486 HB 1972 --Monroe, City of; elections; provisions........................................1482, 1567, 1658,
1662, 2338 HB 1973 --Jersey, City of; new charter .....................................1482, 1567, 1658, 1663, 2338 HB 1974 --Retirement systems; future health care; prefunding...........................!482, 1567 HB 1975 --Social Circle, City of; homestead exemption; disabled......................1483, 1567,
1658, 1659, 2338 HB 1976 --Social Circle, City of; homestead exemption; elderly.........................!483, 1567,
1658, 1660, 2338 HB 1977 --Talent agencies; regulation......................................................................!483, 1567 HB 1978 --Income tax; health coverage for certain employees;
credit..................................................................................................!483, 1567 HB 1979 --Ashburn, City of; mayor and councilmembers;
election; terms ...................................................1483, 1567, 1658, 1663, 2228 HB 1980 --Rockdale County; state court; judge's salary............................1483, 1567, 1658,
1664, 2351, 2497 HB 1981 --Rockdale County; probate court; judge's compensation....................1484, 1567,
1658, 1665, 2351, 2498 HB 1982 --Rockdale County; board of commissioners; compensation................1484, 1567,
1658, 1666, 2351, 2499 HB 1983 --Rockdale County; chief magistrate; salary......................!484, 1567, 1658, 1666,
2351, 2499 HB 1984 --Rockdale County; coroner; compensation.......................1484, 1567, 1658, 1667,
2474, 2604 HB 1985 --Rockdale County; sheriffs compensation .......................1484, 1567, 1658, 1668,
2351, 2500 HB 1986 --Forest Park, City of; corporate Iimits..............................l484, 1567, 1658, 1669,
2475, 2625 HB 1987 --Worth County; board of commissioners of roads and
revenue; vacancies.............................................!484, 1567, 1658, 1669, 2228 HB 1988 --Warwick, City of; mayor and council; terms.............................!485, 1567, 1658,
1670, 2228 HB 1989 --Rockdale County; tax commissioner; salary ...................1485, 1567, 1658, 1671,
2351, 2501
HB 1990 --Rockdale County; clerk of superior court; compensation..................1485, 1567, 1658, 1672, 2352, 2502
HB 1991 --Worth County; state court; solicitor's salary ............................1485, 1567, 1658, 1672. 2228
HB 1992 --Lee County; sheriffs; deputies' employment.............................l485, 1567, 1658,
1673. 2228
HB 1993 --West Georgia Regional Water Authority; add
Carroll County...................................................l485, 1567, 1658, 1674, 2229

3300

INDEX

HB 1994 --Cobb County; juvenile court; judge's compensation ..........................1485, 1567, 1658, 1675, 2229
HB 1995 --Acworth, City of; corporate Iimits...........................l486, 1567, 1658, 1675, 2229 HB 1996 --Cemeteries; minimum size requirements....................................1564, 1649, 1658 HB 1997 --Banks County; coroner's compensation..................!564, 1658, 1876, 1883, 2339 HB 1998 --Lawrenceville, City of; mayor and councilmembers;
terms.........................................................l564, 1658, 1876, 1884, 2475, 2614 HB 1999 --East Dublin; council election...................................1564, 1658, 1876, 1885, 2339 HB 2000 --Avondale Estates Business District; create...............................1564, 1658, 1876,
1885, 2648 HB 2001 --Richmond County; state court; solicitor's compensation ..................1564, 1658,
1876, 1886, 3011 HB 2002 --Decatur, City of; board of education; add member .................1565, 1658, 1961,
1963, 2648 HB 2003 --Cherokee County Board of Ethics; create.................................1565, 1658, 1876,
1887, 2339 HB 2004 --Education; sick leave for school personnel; increase...........................1565, 1658 HB 2005 --Clayton County Commission on Children and Youth;
membership........................................................l565, 1658, 1876, 1888, 2339 HB 2006 --Motor vehicle insurance; serious injury; redefine................................!565, 1658 HB 2007 --Natural Resources Department; sovereign immunity;
waiver.................................................................................................!565, 1658 HB 2008 --Tyrone, City of; mayor and council; qualifications
and terms ...........................................................1566, 1658, 1876, 1888, 2339 HB 2009 --Pooler, City of; homestead exemption; elderly
or disabled..........................................................!566, 1658, 1876, 1877, 2648 HB 2010 --Sky Valley, City of; mayor and councilmembers; terms....................!566, 1658,
1876, 1889, 2339 HB 2011 --Forsyth, City of; homestead exemption.................1566, 1658, 1876, 1877, 2339 HB 2012 --Pooler, City of; mayor and alderman; election .........................1566, 1658, 1876,
1890, 2648 HB 2013 --Putnam County; board of commissioners; compensation..................1652, 1874,
1961, 1964, 2475 HB 2014 --Emanuel County; board of commissioners; compensation................1652, 1874,
1961, 1964, 2465 HB 2015 --Madison, City of; city manager; provide ...................................1652, 1874, 1961,
1965, 2648 HB 2016 --Rincon, Town of; corporate limits ..........................1652, 1874, 1961, 1966, 2465 HB 2017 --Tallapoosa, City of; corporate limits ......................1652, 1874, 1961, 1966, 2465 HB 2018 --Cobb County; tax commissioner and staff; compensation ................1652, 1874,
1961, 1967, 2465 HB 2019 --Crawford County; board of commissioners; compensation ...............1653, 1874,
1961, 1968, 2465 HB 2020 --Fayetteville, City of; mayor and councilmen; election.......................!653, 1874,
1961, 1969, 2465 HB 2021 --Charlton County; board of commissioners; compensation................1653, 1874,
1961, 1969, 2466 HB 2022 --Tattnall County; board of commissioners; compensation .................1653, 1874,
1961, 1970, 2466 HB 2023 --Avondale Estates, City of; corporate limits ..............................1653, 1874, 1961,
1971. 2648 HB 2024 --Bartow County; certain officials; compensation .......................1653, 1874, 1961,
1972. 2466
HB 2025 --Bartow County; chief magistrate; compensation......................1653, 1874, 1961,
1972, 2466, 2586
HB 2026 --Bartow County; commissioner; compensation ..........................1654, 1874, 1961,
1973. 2466

INDEX

3301

HB 2027 --Bartow County; tax commissioner; compensation....................1654, 1874, 1961,

HB 2028 --Cobb County; superior court clerk and deputy;

1974, 2466

compensation.....................................................1654, 1874, 1961, 1975, 2466

HB 2029 --Houston County; special county sales tax; proceeds..........................1654, 1874,

1961, 1976, 2466

HB 2030 --Cobb County; state court; clerk and chief deputy;

compensation.....................................................!654, 1874, 1961, 1976, 2467

HB 2031 --Camden County Public Service Authority; create...................1654, 1874, 1961,

1977, 2467

HB 2032 --Financial transaction card; personal information on

sales record; prohibitions................................................................1655, 1874

HB 2033 --Biomedical waste; regulation ..................................................................1655, 1874

HB 2034 --Courts; hunting certain judges; jurisdiction .........................................1655, 1874

HB 2035 --Pike County; board of commissioners; expense

allowance............................................................1655, 1874, 1961, 1978, 2648

HB 2036 --Augusta, City of; candidates for certain offices; filing

notice; requirement...........................................l655, 1874, 1961, 1979, 2467

HB 2037 --Dalton, City of; certain improvements; special

assessments........................................................1655, 1874, 1961, 1979, 2467

HB 2038 --Gwinnett Judicial Circuit; senior judges; supplements......................1655, 1874,

1961, 1980

HB 2039 --Walton County; homestead exemption; educational

purposes..............................................................!656, 1874, 1961, 1962, 2339

HB 2040 --Eastern Judicial Circuit; district attorney;

supplement.........................................................!656, 1874, 1961, 1981, 2649

HB 2041 --Walton County; board of commissioners; election...................1656, 1874, 2216,

2217, 3011

HB 2042 --Ball Ground, City of; new charter ..........................1656, 1874, 2080, 2081, 2649

HB 2043 --Middle Georgia Surface and Air Transportation

Commission; create...........................................1656, 1874, 2080, 2099, 2649

HB 2044 --Dougherty Judicial Circuit; judges; supplement....................... 1656, 1875, 2080,

2099, 3011

HB 2045 --Peach County; redevelopment powers; authorization........................1656, 1875,

1961, 1982, 2467

HB 2046 --Warrenton, City of; mayor, mayor pro tern, and

council; election......................................,..........1657, 1875, 2080, 2100, 2651

HB 2047 --Wilkes County; board of education; election............................1657, 1875, 1961,

1982, 2467

HB 2048 --Folkston, City of; corporate Iimits..........................l657, 1875, 1961, 1983, 2467

HB 2049 --Catoosa County; board of elections and registration;

create................................................................-..1873, 1960, 2080, 2101, 2649

HB 2050 --Griffin, City of; board of commissioners; designate;

chairman.............................................................l73, 1960, 2080, 2102, 2649

HB 2051 --Washington County; state court; judge and solicitor;

compensation.....................................................1873, 1960, 2080, 2103, 2649

HB 2052 --DeKalb County; certain meetings; services in

"Atlanta in DeKalb" ........................................1874, 1960, 2080, 2103, 2649

HB 2053 --Toombs County; school superintendent; appointment......................1874, 1960,

2080, 2104, 2649

HB 2054 --Appeals; review zoning decisions of counties and

municipalities..........................................................................-.........1874, 1960

HB 2055 --Culloden, City of; council; election and terms..........................l874, 1960, 2080,

2105, 2474

HB 2056 --Lumpkin, City of; corporate limits.........................1957, 2078, 2216, 2217, 3011

HB 2057 --Hiram, City of; corporate limits..............................1957, 2078, 2216, 2217, 2649

HB 2058 --Lee County; board of elections; create.......................................!957, 2078, 2216,

3302

INDEX

2218, 3011 HB 2059 --Clayton County; board of commissioners; compensation..................1958, 2078,
2216, 2218, 2650 HB 2060 --Clayton County; board of commissioners; report
and audit............................................................1958, 2078, 2216, 2218, 2650 HB 2061 --Clayton County; state court; judge, solicitor and deputy
clerk; compensation..........................................1958, 2078, 2216, 2218, 2650 HB 2062 --Clayton County; coroner's compensation ..................................1958, 2078, 2216,
2218. 2650 HB 2063 --Clayton County; tax commissioner; millage rate......................!958, 2078, 2216,
2219. 2650 HB 2064 --Riverdale, City of; corporate Iimits.........................l958, 2078, 2216, 2219, 2650 HB 2065 --Dougherty County; board of commissioners;
compensation.....................................................1959, 2078, 2216, 2219, 3011 HB 2066 --Henry County; board of commissioners; chairman's
election................................................................!959, 2078, 2216, 2219, 3011 HB 2067 --Clayton County; sheriff; superior court clerk; salary .........................1959, 2078,
2216, 2220, 2474, 2627 HB 2068 --Clayton County; tax commissioner and deputy;
compensation.....................................................1959, 2078, 2216, 2220, 2650 HB 2069 --Clarke County; magistrate court; judge's compensation ...................1959, 2078,
2216, 2220, 2650 HB 2070 --Clayton County; school superintendent; election.....................1959, 2078, 2216,
2220. 2651 HB 2071 --Clayton County; board of education; election districts .....................1960, 2078,
2216, 2221, 2651 HB 2072 --Clayton County; probate court; judge's compensation ......................2077, 2215,
2325, 2326, 2651 HB 2073 --Fayette County; probate court; judge's compensation.......................2077, 2215,
2325, 2327, 3011 HB 2074 --Fayette County; tax commissioner; compensation...................2077, 2215, 2325,
2327, 3011 HB 2075 --Fayette County; superior court clerk; compensation .........................2077, 2215,
2325, 2327, 3012 HB 2076 --Rockdale County; board of education; election ........................2077, 2215, 2325,
2327, 3012 HB 2077 --Real estate brokers^ licensing; error and omission
insurance; coverage ..........................................................................2077, 2215 HB 2078 --Real estate brokers; licensing; error or omission
insurance; coverage :.........................................................................2077, 2215 HB 2079 --Fulton County; homestead exemption; elderly or disabled ...............2214, 2325 HB 2080 --Loganville, City of; city manager; powers and duties ........................2214, 2325,
2458, 2459, 3012 HB 2081 --Tallulah Falls, Town of; mayor and council; election........................2214, 2325,
2458, 2459, 3012 HB 2082 --Snellville, City of; corporate limits .........................2214, 2325, 2458, 2459, 3012 HB 2083 --DeKalb County; certain municipalities; millage rate;
limitations.....................................................................2214, 2325, 2458, 2459 HB 2084 --Santa Claus, City of; corporate limits........................................2215, 2325, 2458,
2460, 3012 HB 2085 --Brunswick Judicial Circuit; add judge ..................................................2324, 2457 HB 2086 --Air pollution; permit applications; emission standards;
compliance.........................................................................................2324, 2457
HB 2087 --Rural Facilities Economic Development Act; provide ........................2457, 2640
HB 2088 --Motor vehicle certificate of title; older vehicles.............................................2639
HB 2089 --Taxation; transfer of ownership of property; liability of purchaser.................................................................................................2639

INDEX

3303

$3
--,.:

HB 2090 -Contractors; timely payments to certain subcontractors..............................2640 HB 2091 -Ad valorem tax; tax assessors; deficiency assessments .................................2640

*i HB 2092 -Alcoholic beverages; hotels; certain sales ........................................................2640

PART III
HOUSE RESOLUTIONS
HR 9 --Rules of the House; amend Rule 11 ......................................................No Action HR 10 --Train and Rail Service Study Committee; create................................No Action HR 11 --State lottery; disposition of proceeds - CA...........................................No Action HR 13 --Lotteries; prohibitions; exempt certain
bingo games - CA.............................................................................No Action HR 15 --Ad valorem tax; agricultural, horticultural
or forest land - CA...........................................................................No Action HR 18 --Privatization of Penal Institutions Study Committee ........................No Action HR 20 --Fulton-DeKalb Hospital Authority; create Committee ......................No Action HR 23 --Board of education; election and number - CA...................................No Action HR 24 --State officials; election by plurality - CA .............................................No Action HR 25 --Pardons and Paroles Board; election - CA...........................................No Action HR 26 --Rules of House; amend Rule 12 .............................................................No Action HR 27 --Rules of House; amend Rule 12 .............................................................No Action HR 28 --Lotteries; delete prohibitions - CA ........................................................No Action HR 29 --Joint State-wide Lottery Study Committee; create ............................No Action HR 32 --Moral turpitude conviction; prohibit holding
state office - CA ...............................................................................No Action HR 36 --Special investigative grand juries; drug
trafficking; jurisdiction - CA..........................................................No Action HR 52 --Burgess, Mr. Robert T., Sr.; invite to House .......................................No Action HR 65 --Brock, James Luther; compensate .........................................................No Action HR 68 --House Abandonment of Infants Study Committee; create ................No Action HR 69 --Lottery; hospital care for indigents and educational
purposes; use of proceeds - CA......................................................No Action HR 70 --House Disparity in Sentencing and Sentencing Reform
Study Committee; create ................................................................No Action HR 72 --Local school boards; other sources of revenue - CA............................No Action HR 73 --Holy Order of MANS, Inc.; compensate...............................................No Action HR 75 --Simmons, David Edward, Sr.; compensate ...........................................No Action HR 77 --Roland, George; compensate ...................................................................No Action HR 87 --Bivins, Mrs. R. S.; compensate...............................................................No Action HR 88 --Counties and municipalities; planning and zoning
powers; amend procedures - CA ................................................................395 HR 89 --Baldwin County; convey property..........................................................!289, 1315 HR 91 --Martin, Benjamin Earl, Jr.; compensate ...............................................No Action HR 92 --House Discipline in Schools Study Committee; create.......................No Action HR 93 --Hallerman, Paul; compensate .................................................................No Action HR 94 --Brown, Mrs. Clarice L.; compensate......................................................No Action HR 95 --Special County sales tax; educational purposes - CA .........................No Action HR 96 --House Motor Vehicle Safety Inspection Study
Committee; create ............................................................................No Action HR 100 --Lieutenant Governor; abolish office - CA.............................................No Action

3306

INDEX

HR 106 --House Savannah River Basin Study Committee; create ....................No Action HR 108 --House Study Committee on School District Enrollment
Options Program; create .................................................................No Action HR 111 --Ad valorem tax; education; reduce mill limitation - CA....................No Action HR 114 --Bagwell, Ms. Martha; compensation......................................................No Action HR 116 --Rutter, Mr. Richard on behalf of Ms. Valerie A. Rutter;
compensation ....................................................................................No Action HR 118 --Curtis, Ms. Paula F.; compensation .......................................................No Action HR 119 --Pari-mutuel wagering; provide by referendum - CA...........................No Action HR 122 --Balanced budget; urge amendment to United States
Constitution for constitutional convention..................................1570, 1617 HR 160 --Kutchey, Robert Marshall, Sr.; compensate .........................................No Action HR 161 --Superior and state courts; vacancies; special
election - CA .....................................................................................No Action HR 163 --Boards of education; election; single-member
districts - CA.....................................................................................No Action HR 166 --Moody, William Scott; compensate........................................................No Action HR 167 --Ad valorem tax; education; other sources of
revenue - CA .....................................................................................No Action HR 168 --Special County sales tax; educational purposes - CA .........................No Action HR 189 --Franchised Motor Vehicle Practices Study
Committee; create ............................................................................No Action HR 195 --Stone Mountain-Britt Memorial Airport; proposed
expansion ...........................................................................................No Action HR 216 --Rules of the House; amend Rule 6 ........................................................No Action HR 220 --Drug-related crime; additional penalty - CA........................................No Action HR 221 --Schools; hiring practices; investigation..................................................No Action HR 224 --"Tutti Frutti"; designate as official rock and
roll song .............................................................................................No Action HR 225 --Governor's Private Sector Survey Committee
on Cost Control; create ...................................................................No Action HR 226 --Elrod, Mr. Steve; compensate.................................................................^ Action HR 227 --Special one percent sales tax; educational
purposes - CA ...................................................................................No Action HR 238 --Tax relief; elderly - CA............................................................................No Action HR 239 --State School Superintendent; hold office no more than
two terms - CA.................................................................................No Action HR 243 --House Drivers' Licensing Study Committee; create............................No Action HR 244 --House Catering Business Study Committee; create............................No Action HR 264 --Cosby, Dr. and Mrs. William H. "Bill", Jr.; invite
to House.............................................................................................No Action HR 265 --Rangel, Mr. Oscar; compensate ..............................................................No Action HR 266 --Woodard, Mrs. Willie Mae; compensate ...............................................No Action HR 276 --Schief, Ms. Carolyn; compensate............................................................No Action HR 279 --Local governments; sales tax without certain
limitation - CA.........................................................................892, 1084, 2651 HR 294 --Georgia Tax Reform Commission of 1990; create ...............................No Action HR 310 --General Assembly; bills contingent upon appropriations;
prohibitions - CA..............................................................................No Action HR 311 --Muscogee County Board of Education Study
Committee; create ............................................................................No Action HR 314 --Bartow County; convey property............................................................No Action
HR 315 --Counties and Municipalities; composition of governing
authority; referendum - CA............................................................No Action
HR 318 --Family and medical leave policies of employers;
committee to study ..........................................................................No Action
HR 321 --Georgia Trust for Historic Preservation, Inc.;

INDEX

3307

convey property ................................................................................No Action HR 322 --State-wide mass transit and heavy rail system;
feasibility study ................................................................................No Action HR 323 --Residential housing; accessibility for disabled
and elderly;........................................................................................No Action HR 352 --House Quality of Work Life Study Committee; create ......................No Action HR 354 --Cable TV Study Committee; create.......................................................No Action HR 366 --J. R. Reeves Bridge; designate................................................................No Action HR 367 --Pollution; House Natural Resources and Environment
Committee to study .........................................................................No Action HR 369 --Georgia Health Insurance Trust Fund; create - CA............................No Action HR 370 --Autism Resource Center; support development...................................No Action HR 371 --House Strategic Planning Study Committee; create.....................................!048 HR 372 --Governor and Lt. Governor; one six-year term - CA ..........................No Action HR 383 --Medical Examiner Study Committee; create........................................No Action HR 386 --State employees; attend certain colleges without payment
of tuition ............................................................................................No Action HR 387 --Chatham County; exchange of certain property ..................................No Action HR 388 --Nurserymen and landscapers; agriculture priority during
water shortages .................................................................................No Action HR 407 --House Truck Safety Study Committee; create ....................................No Action HR 409 --Firearm dealers; ammunition to underage persons; refrain
from selling........................................................................................No Action HR 465 --Appropriations; automatic provision - CA................................................131, 163 HR 466 --Emerging crops loan fund; appropriation - CA...............................188, 402, 775 HR 467 --Public Facilities; barriers to handicapped; funds
for removal - CA.............................................................................................24 HR 560 --Notify the Senate the House of Representatives has convened........................2 HR 561 --Notify the Governor the General Assembly has convened ..........................2, 24 HR 562 --Rules of the House; adopt .......................................................................................2 HR 563 --Joint Session; Governor's message...................................................................3, 67 HR 564 --Joint Session; Governor's message; invite justices
and judges...................................................................................................4, 67 HR 565 --Joint Session; message from Chief Justice of Supreme Court ....................4, 68 HR 566 --House Student - Athlete Graduation Rate Study
Committee; create ....................................................................................22, 65 HR 567 --Criminal or traffic offenses; additional penalty; law
enforcement salary supplement - CA ...................................................23, 65 HR 568 --Movie Industry Study Committee; create................................23, 65, 1875, 2282 HR 569 --Certificate of Need for Traumatic Brain Injury Facilities
Study Committee ................................................................23, 65, 1875, 2429 HR 570 --Postsecondary Vocational Education Laboratory,
Equipment, and Library Research Needs Study Committee ............................................................................23, 65, 1875, 2129 HR 571 --University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee..........................................23, 65, 1875, 2127 HR 572 --Jackson, Honorable Maynard Holbrook; invite to House....................25, 66, 96 HR 573 --Smith, Evelyn B.; compensate........................................................................23, 65 HR 574 --Smith, Chris A.; compensate..............................................23, 65, 849, 1819, 2468 HR 575 --Radon; licensed day-care facilities; urge awareness of danger........................................................................................23, 65, 265, 486
HR 576 --Radon; local school systems; urge awareness of danger .............................24, 65
HR 577 --Task force to Promote Self-Esteem; urge
creation .................................................................................64, 74, 1356, 2014
HR 578 --Cobb County; grant easement........................................................64, 74, 237, 485
HR 579 --Mitchell-Baker High School Eagles football team;

3308

INDEX

invite to House...............................................................................................69 HR 580 --Fulton County; convey property .........................................73, 95, 237, 412, 2230 HR 581 --Fowler, George D., Jr.; compensate ...............................................................74, 95 HR 582 --Luther S. Colbert Memorial Bridge; designate...........................................74, 95,
374, 681, 1183 HR 583 --Byron, City of; annexation of state property located
in Peach County............................................................74, 95, 477, 667, 1377 HR 584 --State loans to local government; solid waste recycling
facilities - CA............................................................................................74, 95 HR 585 --Divorce cases; county of plaintiffs residency - CA....................................74, 95,
266, 488, 2116, 2292 HR 586 --Pelham, City of; lease property.........................................91, 125, 237, 406, 1289 HR 587 --Mitchell County; convey property ....................................91, 125, 237, 407, 1289 HR 588 --Emergency management rescue specialists;
indemnification - CA...............................92, 125, 476, 731, 778, 1203, 2343 HR 589 --Federal government; unemployment programs; funding .................94, 125, 430 HR 590 --Joint Task Force on Revising Employment Security
Law; create......................................................................................94, 125, 430 HR 591 --Juvenile and criminal cases; fees for drug abuse
education - CA .....................................................................................120, 142 HR 592 --U. S. 441 Business Historic Route; redesignate; Culver Kidd
Highway; designate.........................................!20, 142, 374, 489, 2230, 2297 HR 593 --Murr, Jack; condolences.......................................................................................104 HR 594 --Crawford, Mamie; commend ...............................................................................104 HR 595 --Moore, Roy W.; condolences...............................................................................104 HR 596 --Dowdell, Mrs. Eula L.; commend.......................................................................104 HR 597 --Manley, Honorable Michael N.; commend .......................................................104 HR 598 --Washington-Wilkes Comprehensive High School; faculty,
students, administration; commend..........................................................104 HR 599 --Armour, Charles R., "Pat"; commend...............................................................104 HR 600 --Toccoa All-Stars Little League baseball team; commend..............................104 HR 601 --Ashworth, Maynard R.; condolences..................................................................104 HR 602 --Harris, Vyron; commend......................................................................................!04 HR 603 --Stratton, Michael Steven; commend..................................................................104 HR 604 --Moore, Joy; commend..........................................................................................105 HR 605 --Marable, Chantel; commend ...............................................................................105 HR 606 --Pattie, Kristen Ivy; commend.............................................................................105 HR 607 --Vaughn, Mrs. Mary Ola; commend....................................................................105 HR 608 --Webb, Lee Watson, IV; commend......................................................................l05 HR 609 --Moore, Greg; commend........................................................................................105 HR 610 --Estes, Christine; commend..................................................................................105 HR 611 --Morris, Chris; commend.......................................................................................!05 HR 612 --Bishop, Stacy Dawn; commend ..........................................................................105 HR 613 --Norwood, Charles W., Jr., D.D.S.; commend....................................................!05 HR 614 --English, Mary Alice; commend...........................................................................105 HR 615 --Mills, Richard D.; commend ...............................................................................105 HR 616 --"The Children's State"; designate Georgia.......................................................l05 HR 617 --Hight, Gwen; commend........,...............................................................................105 HR 618 --Georgia Wing of the Civil Air Patrol; commend..............................................l06 HR 619 --Dunaway, Mr. Sam G., Sr.; commend...............................................................106 HR 620 --Thornton, Blakely; condolences..........................................................................!06 HR 621 --Powell, J. C.; condolences....................................................................................106
HR 622 --Winder-Barrow High School football team; commend...................................106
HR 623 --Tenth Amendment to United States Constitution; express
consensus of General Assembly .................................................................106
HR 624 --EBDC fungicides and Benomyl on certain vegetables; urge
continued use .............................................................................106, 776, 1553

INDEX

3309

HR 625 --Holland, Mrs. Mary; commend...........................................................................!06 HR 626 --Marksmanship programs; promotion in high schools......................................!06 HR 627 --Gingrich, Honorable Newt; invite to House.....................................l06, 144, 153 HR 628 --National 4-H winners from Georgia; invite to House ....................106, 190, 198 HR 629 --Griffin, Mrs. Jan; invite to House.....................................................107, 395, 465 HR 630 --Colbert, Honorable Luther S. Family; invite
to House........................................................................................l07, 571, 643 HR 631 --Lieutenant Governor and Speaker, House of Representatives;
limit terms - CA..........................................120, 142, 1507, 1562, 1596, 1687 HR 632 --Polk, Honorable Steve; commend ......................................................................130 HR 633 --Bush, President George; welcome ......................................................................130 HR 634 --Older Georgians Transportation Study Committee;
create.........................................................................................132, 1875, 2276 HR 635 --Parade and Demonstration Cost Containment Study
Committee; create....................................................................!32, 2641, 2835 HR 636 --Regional development centers; supplemental funding
formula; ratify ......................................................................................124, 142 HR 637 --Natural Resources; certain minimum standards; ratify .........................124, 142 HR 638 --Community Affairs; certain minimum standards; ratify .......................125, 142,
144, 413, 776 HR 639 --Augusta-Richmond County Commission on Disadvantaged
Youth; re-create ..........................................................187, 235, 266, 267, 717 HR 640 --Superior court judges; terms; election - CA.............................................187, 235 HR 641 --Superior court judges; election, residency
requirements - CA ...............................................................................187, 235 HR 642 --Pardons and parole; aggravated mutilation;
prohibition - CA...................................................................................187, 235 HR 643 --University System of Georgia Outstanding Scholars on
Academic Recognition Day; commend......................................................198 HR 644 --Boynton, Mr. Hank; commend...........................................................................202 HR 645 --Hagler, Jeanne Marie; compensation ........................................................234, 265 HR 646 --Pardons and Paroles, State Board; election; chairman;
appointment - CA ................................................................................234, 265 HR 647 --State Public Authorities Study Committee; create.................................234, 265 HR 648 --Relative to officials, employees, and committees;
amend HR 3........................................................................................218, 2797 HR 649 --Howard, Molly Parish; invite to House ............................................218, 226, 247 HR 650 --Gallman, Mrs. Jean; commend...........................................................................218 HR 651 --Lee, Sheriff Earl Daniel; commend....................................................................218 HR 652 --Georgia Citizens for the Arts; commend...........................................................218 HR 653 --Pitts, Miss Margaret; commend .........................................................................218 HR 654 --Mercer, Major General James R.; commend ....................................................218 HR 655 --Sullivan, Tom; commend .....................................................................................219 HR 656 --Marietta High School varsity football team; commend..................................219 HR 657 --McEachern High School varsity football team; commend.............................219 HR 658 --Finke, Cheryl; commend......................................................................................219 HR 659 --Hyder, Coach Nick; Valdosta High School football
team; commend.............................................................................................219 HR 660 --Black, Ms. Mary; commend.................................................................................219 HR 661 --Hall, Leon W.; condolences.................................................................................219 HR 662 --Clarke, Benjamin Van; condolences...................................................................219 HR 663 --Shinholster, Earl; commend ................................................................................219
HR 664 --Pollard, Mr. Jackson; commend .........................................................................219
HR 665 --Barrow County; 75th birthday; commend.........................................................219
HR 666 --Hightower, Sara; commend and congratulate...................................................219
HR 667 --Foster, Reverend Farrell James; condolences...................................................219
HR 668 --Lowery, Reverend Joseph Echols; commend....................................................220

3310

INDEX

HR 669 --Pleasant Grove Baptist Church; 120th Anniversary; commend ....................220 HR 670 --Athens Association of Independent Insurance Agents; commend ................220 HR 671 --Athens Insurance Center; commend ..................................................................220 HR 672 --DeLoach, Honorable Perry Lee; commend.......................................................220 HR 673 --Stone Mountain High School Science Team; commend.................................220 HR 674 --Cobb County Teen Court; commend .................................................................220 HR 675 --Burgess, Mrs. Jewell B.; commend.....................................................................220 HR 676 --Catoosa County All-Stars baseball team; commend........................................220 HR 677 --Clifton, Honorable Albert D.; condolences .......................................................220 HR 678 --Short, Mrs. Nan Hamby; commend...................................................................220 HR 679 --Muhammad, Norbren; condolences....................................................................220 HR 680 --Bagby, Honorable George T.; wish a speedy recovery ....................................221 HR 681 --Prayer at sporting events; urge review of lower
court decision ................................................................................................221 HR 682 --Richard B. Russell Airport; compensation ..............................................234, 265,
849, 1819, 2468 HR 683 --Joint Committee on Environmental Protection Services;
create.................................................................................264, 373, 1569, 1919 HR 684 --Fulton County; grant easement; operation of
transmission cable.....................................................264, 373, 477, 648, 2468 HR 685 --County commissioners of the State of Georgia; recognize..............................256 HR 686 --Bankston, Sue; commend.....................................................................................364 HR 687 --Ft. Benning; Regimental Headquarters, 3rd Battalion,
75th Ranger and 988th Military Police; commend .................................364 HR 688 --Atlanta Fire Department personnel; 25th Peachtree
Building fire; commend......................................,........................................364 HR 689 --Firefighters of Georgia; Recognition Day; commend.......................................364 HR 690 --State Patrol Post One; Griffin; commend personnel.......................................364 HR 691 --Markwell, Pfc. James William; condolences.....................................................365 HR 692 --Joint Outpatient Drug Treatment Study Committee; create...............371, 394,
673, 833, 2343 HR 693 --Joint West Point Lake Study Committee; create ...................................372, 394 HR 694 --Slosheye Trail Big Pig Jig; BBQ Cooking Contest; recognize .......................365 HR 695 --Bronner, Nathaniel H.; commend ......................................................................365 HR 696 --W. K. Kellogg Foundation; commend ...............................................................365 HR 697 --Graysville; grant easement .........................................................392, 394, 477, 696 HR 698 --Taylor, Major General H. G. and 1st Ranger Battalion;
Hunter Airfield; commend .........................................................380, 395, 466 HR 699 --Russell, Erk; commend........................................................................380, 395, 466 HR 700 --Georgia Southern College; Eagles football team;
commend.......................................................................................380, 395, 466 HR 701 --Lincoln County High School; Red Devils football
team; commend............................................................................380, 395, 466 HR 702 --Briarwood Academy Buccaneers Varsity football team;
commend.......................................................................................381, 395, 400 HR 703 --State Personnel Board plan; employees' mail order
prescription drug program .........................................................381, 475, 928 HR 704 --Standing timber; alternative method of
taxation - CA..............................................................................393, 429, 1650 HR 705 --Jones County High School Greyhounds baseball team;
commend.......................................................................................384, 395, 466 HR 706 --Ad valorem tax; standing timber; exemption - CA.................................372, 394
HR 707 --National Football League; urge Georgia Dome for 1994 Super Bowl...........................................................................................389
HR 708 --State School Superintendent; appointment - CA....................................425, 474
HR 709 --Boards of education; election; school superintendents; appointment - CA ................................................................................425, 474

INDEX

3311

HR 710 --Grand juries; selection; jurisdiction - CA .................................................425, 474 HR 711 --Commissioner of Agriculture; appointment - CA....................................426, 474 HR 712 --Commissioner of Insurance; appointment - CA.......................................426, 474 HR 713 --Commissioner of Labor; appointment - CA .............................................426, 474 HR 714 --United States Constitutional convention; propose
amendment; apply to Congress..........................................................426, 474 HR 715 --Brumby, Honorable Sewell R.; commend .........................................................414 HR 716 --Ad valorem tax; homestead exemption; assessment - CA......................426, 474 HR 717 --Ad valorem tax; homestead property; separate class - CA....................426, 474 HR 718 --Ad valorem tax; assessment; limit increase - CA ....................................426, 474 HR 719 --Harris, Frances M.; compensate..................................427, 474, 1567, 1820, 2468 HR 720 --Toxic chemicals in fish levels; single standard;
urge adoption ................................................................................................466 HR 721 --Solid waste; transporting from one state to another;
urge prohibition..................................................................................466, 1561 HR 722 --House Ad Valorem Property Taxation Study
Committee; create....................................................................467, 2456, 2472 HR 723 --Governmental projects; revenue bonds; urge
resistance to reduce...................................................................467, 522, 1036 HR 724 --Military spending; reduce appropriations; redirect
funds; urge.....................................................................................................467 HR 725 --DeKalb County Board of Education; choice of school
to attend; urge ..............................................................................................467 HR 726 --Ad valorem tax; exempt timber; provide timber
yield tax - CA.......................................................................................473, 519 HR 727 --Blue, Fuller, Jr.; compensate ......................................................................429, 474 HR 728 --Biffle, Barley Lee; commend...............................................................................466 HR 729 --Decatur County; convey property...................................473, 519, 762, 875, 1994 HR 730 --Davis, Glenn; commend .......................................................................................484 HR 731 --Desmond T. Doss Medal of Honor Highway; designate........................519, 570,
852, 1419, 2468 HR 732 --Brooks, Charles P.; commend.............................................................................557 HR 733 --"Motorcycle Awareness and You Month"; recognize......................................557 HR 734 --Hospitals; loans; investment of proceeds - CA ........................................566, 672 HR 735 --MARTOC; resolution creating; amend provisions
providing for repeal ..................................................566, 672, 852, 920, 2651 HR 736 --Darden, Honorable George W. "Buddy"; invite
to House........................................................................................559, 571, 625 HR 737 --McCants, Keith; invite to House .......................................................560, 571, 625 HR 738 --Fourth Annual Georgia Peach Festival; commend
and invite......................................................................................560, 571, 625 HR 739 --Sturgis, Dr. Horace; condolences........................................................................558 HR 740 --Professional Association of Georgia Educators; commend.............................558 HR 741 --Alan C. Pope High School; commend................................................................558 HR 742 --East Cobb Middle School; commend.................................................................558 HR 743 --"Super Seniors Club" of Warner Robins; commend .......................................558 HR 744 --Henderson, Drake; commend ..............................................................................558 HR 745 --Zoeller, Christopher L.; commend......................................................................558 HR 746 --Teller, Robert Warren, III; commend................................................................558 HR 747 --116th Tactical Fighter Wing; Georgia National Guard; commend...............558 HR 748 --Jeter, Ms. Carolyn F.; condolences ....................................................................558 HR 749 --Patterson, Brigadier General Ben L.; commend ..............................................558
HR 750 --Bank of Madison; 100th Anniversary; commend.............................................558
HR 751 --Harriet Tubman Day; declare March 10, 1990........................................558, 677
HR 752 --Fields, Paul; commend .........................................................................................559
HR 753 --Women in Military Service Memorial; create ..................................................559
HR 754 --Raglin, Reverend Moses Lee; commend............................................................559

3312

INDEX

HR 755 --Ringling Brothers and Barnum & Bailey Circus; commend ........ ..................559 HR 756 --Johnson, Richard Stonington-Reed "Stoney" III;
HR 757 --Clem, Michelle; Miss Cobb County 1990; commend .......................................559 HR 758 --Limit liability for persons handling used oil for
recycling; urge ........................................................................................ .......559 HR 759 --Baker, George "D. C." W.; condolences ............................................................559 HR 760 --Cole, Chief L. C.; commend ................................................................................559 HR 761 --Dick Hunter Memorial Bridge; designate .......................................567, 672, 852,
928, 2454, 2562, 3021 HR 762 --State Housing Trust Fund for Homeless; certain
funds; deposit - CA...................................................................569, 672, 1567 HR 763 --Education trust fund; tuition assistance; advance
payment - CA........................................................570, 672, 1100, 1202, 2651 HR 764 --Bartow County; grant easement......................................570, 672, 762, 876, 2230 HR 765 --Clack, Johnny Thomas (Tommy); invite to House.........................622, 852, 869 HR 766 --Moore, Honorable James; invite to House........................................................622 HR 767 --Buckhead; commend community; invite Business
Association to House ...................................................................................668 HR 768 --Palms, Dr. John Michael; commend .........................................684, 685, 685, 869 HR 769 --Robinson, Lee, Carolyn Crayton, V. Elder, A. P. Barry
and L. Brown; invite to House ..........................................................701, 762 HR 770 --Bottoms, Ms. Andrea Lee; invite to House......................................701, 762, 869 HR 771 --"Kids Helping Kids" project; Millen Baptist Church; commend .................701 HR 772 --Forsyth County Optimists Club; commend ......................................................701 HR 773 --Atlanta Athletic Club; commend........................................................................701 HR 774 --Katz, Colonel Edward R.; commend..................................................................701 HR 775 --Blanchard, John Pierce, Sr.; commend .............................................................701 HR 776 --Nelson, Hoyt L.; compensate .................................................710, 759, 1567, 1820 HR 777 --Public officers and employees; certain suits;
liability - CA................................................711, 759, 1569, 1688, 2630, 2678 HR 778 --Joint Study Committee on Hazardous Waste Management;
create.......................................................................759, 849, 1099, 1211, 1994 HR 779 --Glynn County; grant easement....................................759, 849, 1099, 1210, 2468 HR 780 --Valdosta High School football team representatives
and Coach Hyder; invite to House ...........................................727, 852, 869 HR 781 --Bruner, Dr. Barbara S.; commend .....................................................................727 HR 782 --Retirement systems of local law enforcement officers;
urge improvement ........................................................................................727 HR 783 --Ewing, W. T.; commend.......................................................................................727 HR 784 --Reagan, Honorable Ronald; commend............................................... ................754 HR 785 --Day, Harold O.; compensate ........................................759, 849, 1567, 1820, 2468 HR 786 --Miller, Rebecca Jane; compensate.........................................848, 890, 1567, 1820 HR 787 --Walker, Ms. Melissa D.; compensate..........................848, 890, 1567, 1820, 2468 HR 788 --Mathis, Ginger H.; commend ..............................................................................788 HR 789 --Kennesaw State College; 25th Anniversary; commend ..................... ..............788 HR 790 --Summerall, William J. "Bill"; commend...........................................................788 HR 791 --Rand, Ms. Vanessa; commend ............................................................................788 HR 792 --Hickory Hills Elementary School; 30th Anniversary; commend ...................789 HR 793 --Landers, Reverend Joseph Alfred; condolences ...............................................789 HR 794 --Edna Jo Butler Parkway; designate......................................848, 890, 1283, 1420 HR 795 --Clarence Ridley Highway; designate.....................................848, 890, 1283, 1420 HR 796 --Emerging crops loan fund; appropriation - CA ......................................849, 890,
953, 1084, 2468 HR 797 --Pointe South Junior High School; commend ...................................................880
HR 798 --Bivins, Mrs. Roy S.; compensate................................................................886, 953 HR 799 --Morgan, Elaine Shannon; commend ..................................................................880

INDEX

3313

HR 800 --20th Combat Engineer Association of World War II; commend...................881 HR 801 --Georgia Boot Company and Hanson Industries; commend ...........................881 HR 802 --The Owenby Company; commend......................................................................881 HR 803 --Kelly, Claude Jackson; condolences..................................................................^! HR 804 --Peanut butter 100th birthday and Baskin-Robbins
45th birthday; commend .............................................................................881 HR 805 --Norton, Reverend Buddy; commend .................................................................881 HR 806 --Jackson, Luvenia; commend................................................................................881 HR 807 --Post, Daniel Lamar, Jr.; commend.....................................................................881 HR 808 --Glanville, Jerry; invite to House ........................................................881, 891, 945 HR 809 --State Health Planning Agency; certain studies and
reports; direction...................................................886, 953, 1480, 1603, 2651 HR 810 --Joint Workers' Compensation Study Committee; create ......................886, 953,
1271, 1557, 2652 HR 811 --Joint Study Committee on Parks, Recreation, Historic
Preservation, and Natural Areas; create ................................886, 953, 1479 HR 812 --"Plantation Parkway"; designate; General Robert L.
Scott Highway; designate ..........................890, 953, 1283, 1645, 2472, 2544 HR 813 --Commission on children and youth; task force
to promote self-esteem; create ...................................................................945 HR 814 --Outdoor public firearms facility; Department of
Natural Resources funding; urge ...............................................................945 HR 815 --Taylor County; urge halt to landfill construction............................................945 HR 816 --Paper products manufactured from recycled paper;
urge purchase ................................................................................................946 HR 817 --South Georgia Conference of the United Methodist
Church; recognize.........................................................................................946 HR 818 --Buckhead community; commend........................................................................946 HR 819 --Pickett, Honorable Woodrow W., Sr.; commend.............................................946 HR 820 --Robinson, Cora; commend...................................................................................946 HR 821 --Rainey, Honorable Howard H.; commend ........................................................946 HR 822 --Brock, William M. "Bill"; condolences..............................................................946 HR 823 --Jordan, David C., Jr.; commend .........................................................................946 HR 824 --Barfoot, Honorable Fisher; commend................................................................946 HR 825 --Adams, Oscar; compensate........................................................................952, 1044 HR 826 --Green, Dr. Charles H.; commend .....................................................................1019 HR 827 --North Georgia College Military Scholarship Day; 2/28/90...........................1019 HR 828 --Crimes, Ronnie; commend.................................................................................l019 HR 829 --Brooks, Honorable Tyrone; commend.............................................................1019 HR 830 --Cane toad licking problem; urge study .................................................1019, 1961 HR 831 --Education; course in citizenship and character
development; directing...............................................1041, 1098, 1532, 2020 HR 832 --Transportation Department; dangers of driving under
the influence; urge posting of signs..........................!043, 1098, 1422, 1536 HR 833 --Lemacks, Sheriff D. G. "Bill"; commend........................................................l094 HR 834 --Liberty County; convey property ......................................1043, 1098, 1488, 1602 HR 835 --DeKalb Study Commission; create........................................................1043, 1098 HR 836 --Ad valorem tax; assess property at current use
value - CA.........................................................1044, 1098, 1161, 1205, 2353, 2397, 2452, 2553, 2629, 2922, 3020
HR 837 --Pardons and paroles; felony trafficking offenses; prohibitions - CA .............................................................................1044, 1098
HR 838 --LeFevre, Eva Mae; invite to House.............................................l093, 1562, 1633
HR 839 --Public School Child Care Study Committee; create.................!094, 1532, 2855
HR 840 --LeFevre, Eva Mae; commend............................................................................!094
HR 841 --Williams, Mrs. Jennie V.; 100th Birthday; commend...................................1094
HR 842 --Neely, Tracy; commend.....................................................................................1094

3314

INDEX

HR 843 --Lazenby, Shane; commend................................................................................1094 HR 844 --Lattanzi, Atos Dante Giro "Joe"; commend...................................................!094 HR 845 --Smith, Mrs. Melissa; commend ........................................................................1094 HR 846 --Georgia Power Company; commend ................................................................1094 HR 847 --Richmond County Board of Health; conveyance of
estate or usufruct..............................................!096, 1168, 1295, 1395, 2652 HR 848 --Everett Floyd Dykes Highway; designate............................................!097, 1168,
1650, 1821, 2652 HR 849 --Georgia Courts Automation Commission; create................................!098, 1168,
1569, 1831, 2652 HR 850 --Cherokee County; convey property ............................................1098, 1168, 1488,
1626, 2344, 2524 HR 851 --Tanner, Steven; Troubled Children's Committee, Inc.;
commend...........................................................................................1144, 1289 HR 852 --lakovos, Archbishop; commend ........................................................................1144 HR 853 --Wright, Mr. Pat; commend ...............................................................................1144 HR 854 --Collar, Honorable John L.; commend..............................................................1144 HR 855 --Education; alternatives for attending school of choice.......................1144, 1532 HR 856 --Education; year-round school calendar; alternatives..........................1144, 1532 HR 857 --Education; firearms safety program; prevent
injuries to children ................................................................1144, 1955, 2131 HR 858 --Gwinnett County Chamber; salute to General
Assembly; invite members ........................................................................1145 HR 859 --Tattnall Square Academy football team;
invite to House.......................................................................ll45, 1562, 1633 HR 860 --House Crime Prevention System Study
Committee; create............................................................................!098, 1168 HR 861 --Municipal courts; violations; jurisdiction - CA...................................1098, 1168,
1569, 1719, 2652 HR 862 --Joint Study Committee on Jail Financing in
Georgia; create .......................................................................1164, 1282, 1488 HR 863 --Relative to adjournment; Adjourn 2/15/90;
Reconvene 2/19/90 ...........................................................................1186, 1207 HR 864 --Shoupe, Christie; Albany Easter Seals Society;
invite to House.......................................................................ll75, 1562, 1633 HR 865 --Ethanol blended motor fuel; excise tax exemption;
urge Congress to extend .......................................................1168, 1282, 1571 HR 866 --Schools; radon gas; urge tests for presence ..........................................1168, 1282 HR 867 --Nelson Rolihlahla Mandela Day; declare
February 16, 1990 ............................................................................1199, 1289 HR 868 --Morris, Agnes and Jim; 50th wedding anniversary; commend ....................1214 HR 869 --E. J. Swint Elementary School; 20th anniversary; commend ......................1214 HR 870 --Burcher, Reverend R. H.; commend and recognize.......................................H74 HR 871 --Anti-drug laws; relating to enactment.............................................................1174 HR 872 --Joint Abortion Study Committee; create ..................................1168, 1282, 1356,
1559, 2453, 2612 HR 873 --Ray, Amy and Emily Sailers; commend..........................................................1174 HR 874 --Parker, Joseph Lee, M.D.; commend...............................................................H74 HR 875 --Howell, Leroy; commend and recognize..........................................................1174 HR 876 --Hogan, Mary Shields; commend.......................................................................H74 HR 877 --Weems, Charles; commend................................................................................H74 HR 878 --Roberts, Honorable William Lee; commend...................................................H75
HR 879 --Brumby, Otis A., Jr.; commend ........................................................................1175
HR 880 --McDaniel, Mrs. Frances; commend..................................................................H75
HR 881 --State Forestry Commission; commend............................................................1175
HR 882 --Howell, H. Wayne; commend............................................................................H75
HR 883 --House Rapid Rail Passenger Service Study

INDEX

3315

Committee; create..................................................................!348, 2212, 2308 HR 884 --Commissioner of Education; create office - CA ........................1282, 1355, 1648 HR 885 --Bingo; nonprofit games; prohibit - CA..................................................1352, 1486 HR 886 --Joint Study Committee on State Officials'
Compensation; create.......................................1354, 1486, 1487, 1715, 2652 HR 887 --F. Emory Greene Memorial Bridge; designate.................................... 1355, 1486,
1650, 1730, 2652 HR 888 --Soil Erosion and Sedimentation Control Overview Study
Committee; create............................................................................1419, 2319 HR 889 --Rules of the House of Representatives; amend..............................................!419 HR 890 --Tattnall Square Academy girls' softball team; invite to
House.......................................................................................l419, 1633, 1633 HR 891 --McEachern High School wrestling team; invite to
House.......................................................................................l419, 1633, 1633 HR 892 --White Elementary School; Bartow County; commend..................................l418 HR 893 --Golden Club; commend......................................................................................l418 HR 894 --Muse, Mr. Newt; commend...............................................................................1418 HR 895 --Cremins, Bobby; commend................................................................................1418 HR 896 --Earth Day 1990; April 22, 1990; recognize......................................................!418 HR 897 --Spivey, Honorable John B.; condolences.........................................................1418 HR 898 --Meadows, Dr. Carter L., Sr.; condolences...........,...........................................1418 HR 899 --Langford, Howard E., Sr.; commend ...............................................................1418 HR 900 --Hardy, John Wesley; commend........................................................................1418 HR 901 --Khawaja, Modassir S.; commend......................................................................1418 HR 902 --Adamson, Jeffrey Dean; commend...................................................................!418 HR 903 --Green, Jeffrey L.; commend..............................................................................l418 HR 904 --Rhodenizer, Carl G.; recognize and commend................................................1419 HR 905 --Thomas, Mrs. Elizabeth; recognize..................................................................1419 HR 906 --Hogg, Mr. Newton J.; commend.......................................................................l419 HR 907 --Rowell, Julie; commend .....................................................................................1419 HR 908 --Floyd County; easement; natural gas pipeline.....................................1355, 1486 HR 909 --Eloise Wooldridge Bridge; designate......................1355, I486, 1650, 1821, 2652 HR 910 --Bryan County; convey property; Sapelo Island
settlement..........................................................................................1355, 1486 HR 911 --Motor fuel taxes; mass transportation facilities;
appropriations - CA.........................................................................I486, 1567 HR 912 --Conference on Children of Cocaine and Substance
Abuse; establish.................,..........1486, 1567, 1649, 1821, 2472, 2546, 3021 HR 913 --Whidby, Jerry C.; invite to House ...................................................................1534 HR 914 --Coleman, Honorable Tommy; invite and commend......................................1534 HR 915 --Mitchell, David; invite and commend .............................................................1534 HR 916 --Naval Air Station Atlanta; commend..............................................................1534 HR 917 --Mann, Earl; condolences................................,...................................................1534 HR 918 --Georgia Institute of Technology; graduate students; commend..................1534 HR 919 --Kuglar, Everett C., M.D.; commend ................................................................1534 HR 920 --Moore, Honorable James C.; commend...........................................................1534 HR 921 --Locust Grove Elementary School; commend..................................................1534 HR 922 --Brown, W. E. "Pete" and J. R. "Bud" Brown; commend............................l535 HR 923 --Newnan High School faculty and student body; commend.........................l535 HR 924 --Welborn, Donnie; commend..............................................................................1535 HR 925 --Alsobrook, Mr. Clarence; condolences.............................................................1535 HR 926 --Residential care, treatment and rehabilitation
services; certain Departments to study........................................1560, 2074
HR 927 --Mclntosh Trail Regional Development Center;
transfer Fayette County to Atlanta Regional
Development Center........................................................................1560, 2455
HR 928 --Green, Mrs. Charlotte S.; birthday; commend ...............................................1560

3316

INDEX

HR 929 --Carter, Dr. Alien Connard; commend and recognize.....................................1560 HR 930 --Natural Resources Department; certain income and
expenditures; report requirements......................................1600, 1648, 1862 HR 931 --Joe A. Whitherington Bridge; designate..............................................1566, 1650,
1658, 1730, 2652 HR 932 --Judges; removal, suspension or discipline - CA...................................1566, 1658 HR 933 --Department of Natural Resources; report certain
income and expenses of funds; urge........................................................1620 HR 934 --Organ and Tissue Donor Awareness Week; observe .....................................1620 HR 935 --Organ and Tissue Donor Awareness Week; observe .....................................1620 HR 936 --Organ and Tissue Donor Awareness Week; urge
Governor to observe...................................................................................!620 HR 937 --Branch, Mrs. Joy; commend.......................,......................................................1620 HR 938 --Lord, Victor; commend ......................................................................................1620 HR 939 --Gibbs, Emma Woodfin Carson; 100th Birthday; commend.........................1620 HR 940 --Murphy, Honorable Thomas B.; commend.....................................................1647 HR 941 --Murphy, Honorable Harold L; invite for presentation to
Honorable Thomas B. Murphy ................................................................1647 HR 942 --Price, Jamie; commend ......................................................................................1647 HR 943 --Kinney, Lt. Colonel Arthur McClure "Bud"; commend...............................!647 HR 944 --Coleman, Tommy; commend.............................................................................!648 HR 945 --Coleman, Honorable Tommy and Walter Deriso;
invite to House.......................................................................l721, 1731, 1731 HR 946 --Jones, Dr. T. Marshall; commend....................................................................1721 HR 947 --Tolleson, Joseph M.; condolences.....................................................................!721 HR 948 --Perry Dogwood Festival; commend..................................................................!721 HR 949 --Osborne, Mr. and Mrs. Paul; congratulate .....................................................1721 HR 950 --Holloway, Mr. Sterling; recognize ....................................................................1721 HR 951 --Hardnett, Mr. Onlie; condolences ....................................................................1721 HR 952 --Holmes, Gary Mayo; commend and recognize ...............................................1721 HR 953 --Sanders, Milton; commend and recognize.......................................................1721 HR 954 --Rivers, Barbara K.; commend...........................................................................l721 HR 955 --Wamble, Burton and Peggy; commend ...........................................................1722 HR 956 --Cobb County Legal Costs and Public Officers'
Independent Counsel Study Commission; create...................................................................!657, 1875, 1961, 1985, 2467 HR 957 --U. S. House of Representatives; U. S. Senate; limit terms; urging Constitutional Amendment..........................1657, 1875 HR 958 --Youth Assembly officials; recognize and commend......................................,1722 HR 959 --Joe A. Whitherington Bridge; designate...............................................1657, 1875 HR 960 --Firearms; General Assembly regulate ...............................1657, 1875, 2216, 2436 HR 961 --Federal Crop insurance program; urge continuation............................................................................!947, 2073, 2344 HR 962 --Peanuts; 1990 farm bill; urge change in certain provisions................................................................................1948, 2073, 2344 HR 963 --Metro Atlanta Women Golfers, Inc.; commend.............................................1951 HR 964 --Ingle, Honorable Buford A.; condolences........................................................!951 HR 965 --Beck, Honorable James McEntire; commend ................................................1951 HR 966 --Whidby, Jerry C.; commend..............................................................................l951 HR 967 --Mitchell, David; commend.................................................................................l951 HR 968 --Ralston, Honorable Ernest; condolences .........................................................1952 HR 969 --Lawrenceville Middle School; commend .........................................................1952
HR 970 --"A Can Do Week"; designate; Gwinnett Clean and
Beautiful............................................................................................l952, 2116
HR 971 --Klen, Ms. Jan F.; commend..............................................................................1952
HR 972 --Georgia Rails Into Trails Society; express support.......................................1952
HR 973 --QUEST Program; commend..............................................................................l952

INDEX

3317

HR 974 --Martin, Carl; condolences..................................................................................!952 HR 975 --Randolph, Dr. William Quentin; commend....................................................1952 HR 976 --Robinson, Mr. Robert Edward; condolences ..................................................1952 HR 977 --Tibbetts, Alien Lee; commend..........................................................................!952 HR 978 --Georgia Peanut Festival; invite to House...................................2008, 2080, 2143 HR 979 --Pointe South Junior High School; Technology Student
Association; invite to House...........................................................2008, 2579 HR 980 --State employees; two breaks during eight-hour shift; urge..........................2008 HR 981 --Drug-free Georgia Study Committee; create ..................................................2008 HR 982 --Murray, Catherine Dawn, Miss Georgia Peanut Queen; commend ............2009 HR 983 --Folsom, Susan Grace, Junior Miss Georgia Peanut
Queen; commend ........................................................................................2009 HR 984 --UGA IV; condolences .........................................................................................2009 HR 985 --Adair, Dr. Charles; commend............................................................................2009 HR 986 --Dobbins Air Force Base; commend..................................................................2009 HR 987 --Prescott, Brad; commend ..................................................................................2009 HR 988 --Langley, Reverend James A.; commend..........................................................2009 HR 989 --Carter, Mike; commend .....................................................................................2009 HR 990 --Dansby, Rex; commend......................................................................................2009 HR 991 --Tebeau, Tom and Coach Paul Burgdorf; commend......................................2009 HR 992 --Grimsley, Rudolph; commend...........................................................................2010 HR 993 --Women's History Month in Georgia; March; recognize................................2010 HR 994 --Stephenson, Dr. Charles W.; condolences.......................................................2010 HR 995 --Editorial Staff of the Office of Legislative
Counsel; commend .....................................................................................2010 HR 996 --Hodges, Gary; commend ....................................................................................2010 HR 997 --Edwards, Honorable Ward; commend.............................................................2010 HR 998 --Smith, Dr. H. Wilder; 75th Birthday; commend ...........................................2010 HR 999 --Calhoun County; annex certain property; City of Morgan................1960, 2078 HR 1000 --Study Committee on Low and Moderate Income Housing
in Georgia; create ........................................................2078, 2215, 2325, 2510 HR 1001 --Richardson, Honorable Eleanor; commend.....................................................2140 HR 1002 --Martin, Carl; condolences..................................................................................2143 HR 1003 --Harris, Dr. J. Jerome; commend ......................................................................2167 HR 1004 --Brown, Mr. Aaron "Butch"; condolences........................................................2167 HR 1005 --Cullinan, Neil M.; commend .............................................................................2167 HR 1006 --Macon Board of Realtors; commend................................................................2167 HR 1007 --Beck, Dr. Aaron T.; commend ..........................................................................2167 HR 1008 --Purvis, Ms. Pattie; commend............................................................................2167 HR 1009 --UGA IV; condolences .........................................................................................2167 HR 1010 --Robbins, Mr. William Henry; commend .........................................................2167 HR 1011 --DeLoach, Honorable Jean H.; commend.........................................................2168 HR 1012 --Central Metals Company of Atlanta; commend.............................................2168 HR 1013 --Julius Cornelius Daugherty Bridge; designate....................................2078, 2215,
2419, 2512 HR 1014 --Environment; legislative support; urge............................................................2211 HR 1015 --Strategic Planning Study Committee; create.............................2211, 2641, 2844 HR 1016 --Simkins, Bryan; commend.................................................................................2211 HR 1017 --Daniel, Mr. and Mrs. Harold T.; Golden Anniversary; commend ..............2211 HR 1018 --Hood, Jim; commend..........................................................................................2211 HR 1019 --Meybohm, E. G.; commend...............................................................................2211 HR 1020 --Hamilton, Bob; commend..................................................................................2211
HR 1021 --Banks, Mr. O. H.; commend .............................................................................2211
HR 1022 --Simpson, Honorable Calvin "Mack"; condolences.........................................2284
HR 1023 --Mueller, Hans Kurt; condolences.....................................................................2284
HR 1024 --Vaughn, Dr. William Henry; condolences.......................................................2284
HR 1025 --Schlact, S. Alan and Josey H.; congratulate...................................................2284

3318

INDEX

HR 1026 --Whitaker, Mr. and Mrs. Robert; congratulate ...............................................2284 HR 1027 --Shuping, Debra R. and Shelton A.; commend ...............................................2284 HR 1028 --Berry, Mrs. Irene; honor ....................................................................................2284 HR 1029 --Rice, Roy; commend...........................................................................................2284 HR 1030 --Stuart, Conservation Sergeant Leonard; commend.......................................2284 HR 1031 --New Hope Baptist Church; commend.............................................................2284 HR 1032 --Leras, Alexis; commend .....................................................................................2284 HR 1033 --Lumpkin, Mr. Quinton; condolences................................................................2285 HR 1034 --Jones, Mr. Harry "Squab"; condolences .........................................................2285 HR 1035 --Carmack, Reverend L. Floyd; commend .........................................................2285 HR 1036 --Dobbins, Robert; condolences ...........................................................................2285 HR 1037 --Clayton County Water Authority; commend..................................................2285 HR 1038 --Solid waste; recycling; urging certain support...........................2285, 2640, 2682 HR 1039 --Cullens, J. R. and Mary; 50th Anniversary; commend .................................2320 HR 1040 --Radloff, Louise; commend .................................................................................2321 HR 1041 --Lewis, Ms. Melanie; commend..........................................................................2321 HR 1042 --Callahan, Ms. Wendy; commend ......................................................................2321 HR 1043 --Williamson, Dr. Jerry M.; commend................................................................2321 HR 1044 --Stubbs, Mr. Roscoe; commend..........................................................................2321 HR 1045 --Dees, Mr. Huggins; commend ...........................................................................2321 HR 1046 --Craven, Mr. Ashley; commend..........................................................................2321 HR 1047 --McKinley, Mr. and Mrs. Scott and children; commend...............................2321 HR 1048 --Used textbooks; disposition; urge modification..............................................2321 HR 1049 --Gwinnett County Private Sector Survey Committee on
Cost Control; creation................................................................................2321 HR 1050 --Hazardous Waste Management Authority; reduction study;
impact statement........................................................................................2407 HR 1051 --Luro, Mrs. Frances Weinman; condolences....................................................2353 HR 1052 --Honorable Grace Hamilton; presentation of portrait....................................2373 HR 1053 --Records Preservation Study Committee; create.............................................2373 HR 1054 --Arnold, Marshall B., Sr.; commend..................................................................2373 HR 1055 --Saye, Dr. Albert Berry; condolences................................................................2373 HR 1056 --Dickerson, Duane; commend.............................................................................2373 HR 1057 --Blount, Dr. Paul G.; commend .........................................................................2373 HR 1058 --John Milledge Academy girls basketball team; commend............................2373 HR 1059 --Lawhorne, Thomas Walter, Sr.; commend......................................................2373 HR 1060 --Fields, Mrs. lola Holloway; condolences .........................................................2373 HR 1061 --Mastroianni, Matthew A. "Matty"; condolences ...........................................2373 HR 1062 --Bruner, Anthony M. "Tony"; honor and commend ......................................2373 HR 1063 --Chief Executive Officer Appreciation Day in Georgia; commend...............2373 HR 1064 --Hans Kurt Mueller Security Center of Armstrong State;
urge designation..........................................................................................2400 HR 1065 --School dropouts; effort to reduce number; provide
study committee .........................................................................................2400 HR 1066 --Deen, Judge Braswell D., Jr.; invite to House ...............................................2408 HR 1067 --Gainesville Theatre Alliance; invite to House......................................2493, 2781 HR 1068 --Sesquicentennial of the City of Griffin, Georgia; commend ........................2632 HR 1069 --Durham, Coach Hugh; invite to House ...........................................................2483 HR 1070 --Polk, Steve; condolences ....................................................................................2490 HR 1071 --Turner, R. E. "Ted"; invite to House..............................................................2493 HR 1072 --Cable News Network (CNN); commend .........................................................2632 HR 1073 --Smith, Norris; 50th Birthday; commend.........................................................2632
HR 1074 --Relative to adjournment; Adjourn 3/7/90;
Reconvene 3/9/90...................................................................2564, 2627, 2628
HR 1075 --Ray, Lieutenant 0. T. and Officers M. Robinson, C. Kennedy, C. Williams; commend........................................................2633
HR 1076 --Goizueta, Roberto; commend ............................................................................2633

INDEX

3319

HR 1077 --Correctional Officers Don Pendarvis and Ferrell Peagler; commend ......................................................................................2633
HR 1078 --Norcross High School; commend......................................................................2633 HR 1079 --Vietnam Era women nurses; commend ...........................................................2633 HR 1080 --Afro-American Police League of Albany, Georgia; commend......................2633 HR 1081 --Dougherty County School System; commend ................................................2633 HR 1082 --Long, Washington, Jr.; commend.....................................................................2633 HR 1083 --Albany Area Arts Council; commend ..............................................................2633 HR 1084 --Forest City Gun Club; commend................................................,.....................2633 HR 1085 --Cannon, Mrs. Opal; commend ..........................................................................2633 HR 1086 --Brown, Mrs. Glenda Bozeman; commend.......................................................2633 HR 1087 --Woolard, Mr. Henry Hall, Sr.; commend........................................................2634 HR 1088 --First United Methodist Church of Ashburn; centennial; commend ...........2634 HR 1089 --Johnson, Reverend Raymond G.; condolences ...............................................2634 HR 1090 --Tuskegee Airmen, Inc.; commend ....................................................................2634 HR 1091 --Taylor, Jerald Scotty; condolences...................................................................2634 HR 1092 --Teel, Dr. John W.; commend ............................................................................2634 HR 1093 --Law Related Education Week in Georgia; proclaim first
week in May................................................................................................2634 HR 1094 --First Baptist Church of Ashburn; centennial; commend..............................2634 HR 1095 --Sumner, Ms. Marian A.; commend ..................................................................2634 HR 1096 --Harden, Mr. Oren H. "Buddy", Jr.; commend...............................................2634 HR 1097 --Clay, Dr. Robert; commend...............................................................................2634 HR 1098 --Fletcher, Edmund Perry, Sr.; commend..........................................................2634 HR 1099 --Golub, Mrs. Allie M.; condolences ...................................................................2634 HR 1100 --Trammell, Mrs. Merle; commend.....................................................................2635 HR 1101 --Boggs Academy; urge conveyance to Boggs Community
Development Corporation...............................................................2635, 3021 HR 1102 --Davis, Raymond Lamar "Racehorse"; commend and recognize..................2635 HR 1103 --Mangum, Honorable William C. "Bill", Jr.; commend .................................2635 HR 1104 --Allgood, Honorable Thomas F.; Senate Majority Leader; commend..........2635 HR 1105 --Jessye Coleman Council of the Cobb County PTA; commend....................2635 HR 1106 --Federal Voting Rights Act of 1965; 25th Anniversary; commend...............2635 HR 1107 --Mobley, Honorable John O., Jr.; commend....................................................2635 HR 1108 --Tenth Amendment to United States Constitution;
consensus of House of Representatives ..................................................2635 HR 1109 --Abundant Life Church; Tenth Anniversary; commend ................................2635 HR 1110 --Townsend, Honorable Kiliaen V. R.; commend.............................................2635 HR 1111 --Mahler, Thomas Wilkinson; condolences........................................................2636 HR 1112 --Jones, Albert B.; condolences............................................................................2636 HR 1113 --Lakeview-Fort Oglethorpe Lady Warriors Basketball
team; commend...........................................................................................2636 HR 1114 --Jessup, Honorable Ben, Doorkeeper and Assistant
Doorkeepers; commend .............................................................................2636 HR 1115 --Pulliam, John Robert; commend......................................................................2636 HR 1116 --Linder, Honorable John; commend..................................................................2636 HR 1117 --Lupton, Mr. and Mrs. John M.; 50th Anniversary; commend ....................2636 HR 1118 --Hubert, Kathy R. and Benjamin F.; commend..............................................2636 HR 1119 --Georgia Association of Nurse Anesthetists; commend..................................2636 HR 1120 --Briscoe, Marc Vernon; commend......................................................................2636 HR 1121 --King, Reverend Dr. Barbara; commend ..........................................................2636 HR 1122 --Richardson, Honorable Eleanor L.; commend................................................2637
HR 1123 --Walker, Honorable Charles W.; commend......................................................2637
HR 1124 --Pannell, Honorable James L.; commend.........................................................2637
HR 1125 --Hall, Harold E.; commend.................................................................................2637
HR 1126 --Georgia's electric cooperatives; commend .......................................................2637
HR 1127 --Earth Day 1990 in Clayton Co; April 22, 1990; recognize............................2637

3320

INDEX

HR 1128 --Darby, Buford and Barbara; 50th Anniversary; commend...........................2637 HR 1129 --University of Georgia Bulldogs Basketball team; commend........................2637 HR 1130 --Stelson, Dr. Thomas E.; commend...................................................................2637 HR 1131 --General Assembly; session for overriding Governor's veto - CA.................2640 HR 1132 --Kaufmann, Alice; commend ..............................................................................2692 HR 1133 --Ward, Tillman; commend..................................................................................2692 HR 1134 --Boy Scouts of America; 80th Anniversary; recognize....................................2692 HR 1135 --Albany; mayors and city commissions; commend..........................................2692 HR 1136 --Kistler, Rosemary; commend ............................................................................2692 HR 1137 --Wheeler High School Wildcat Varsity football team; commend.................2692 HR 1138 --Williams, Jeffrey D.; commend.........................................................................2692 HR 1139 --Hasty, Honorable William G., Sr.; commend .................................................2693 HR 1140 --J. Joel Edwards Library, Pike County Library Board,
Betty McDonnell and Pat Robertson; commend ..................................2693
HR 1141 --Pike County; History, Association of Retirement Teachers, Journal-Reporter; commend ...................................................2693
HR 1142 --Hagin, James Weldon; condolences .................................................................2693 HR 1143 --Siegel, Dr. Betty L.; commend..........................................................................2693 HR 1144 --Gove, Sheila and Lynda Marwede; commend ................................................2693 HR 1145 --Moses, "Coach" Stanley Dean; honor..............................................................2693 HR 1146 --Sweetwater Middle School; students; commend............................................2693 HR 1147 --Savannah Regional Minority Purchasing Council;
Vincent Edwards; commend.....................................................................2779 HR 1148 --Kicklighter, Mr. and Mrs. R. M.; 50th Anniversary; commend ..................2779 HR 1149 --Rathbone, David L.; commend .........................................................................2779 HR 1150 --Holmes, Mr. and Mrs. J. C., Sr.; 50th Anniversary; commend ...................2779 HR 1151 --The Samaritan House; commend .....................................................................2779 HR 1152 --Waddle, Honorable Theodore W.; commend..................................................2779 HR 1153 --Candler School of Theology at Emory University; congratulate.................2779 HR 1154 --Crumley, Dollie M.; commend ..........................................................................2779 HR 1155 --Addis, Paul and Helen; 50th Anniversary; commend ...................................2779 HR 1156 --Key, Ted; commend............................................................................................2779 HR 1157 --Wells, Jack; commend........................................................................................2780 HR 1158 --Swint, Willis; commend .....................................................................................2780 HR 1159 --Jackson, Ms. Luvenia; commend and congratulate .......................................2780 HR 1160 --Sligh, Charles Howard; condolences ................................................................2781 HR 1161 --Ewing, John Alien, Jr.; condolences.................................................................2821 HR 1162 --Hunkele, Mrs. Cynthia; commend....................................................................2821 HR 1163 --Chapman, Alien Bruce; condolences ................................................................2821 HR 1164 --Kerce, Katie Davis; commend...........................................................................2821 HR 1165 --Kerce, Howard Prentice; posthumously commend ........................................2821 HR 1166 --Trammell, James; commend..............................................................................2821 HR 1167 --Gresham, Honorable Johnny; commend .........................................................2821 HR 1168 --Albany High School and Westover High School
boys' basketball teams; commend............................................................2822 HR 1169 --Wilkinson County Warriors basketball
team; commend and congratulate............................................................2822 HR 1170 --Meeks, Ms. Carrie T., R. N.; commend and congratulate............................2822 HR 1171 --Bronn, Peggy; commend ....................................................................................2822 HR 1172 --Isakson, Honorable Johnny; commend............................................................2822 HR 1173 --Union General Hospital; commend..................................................................2822 HR 1174 --Browning, Barbara Ayers; commend ...............................................................2822
HR 1175 --Operation "Just Cause"; commend..................................................................2833
HR 1176 --Couch, Honorable Barbara H.; commend .......................................................2833
HR 1177 --Third Annual Wild Turkey Jamboree; commend..........................................2833
HR 1178 --Wells, Curtis; condolences .................................................................................2833
HR 1179 --Census Month in Georgia; March 1 to April 1, 1990;

INDEX

3321

, 3021 HR 1180 --Strickland, Michael Anthony; condolences.....................................................2839 HR 1181 --Turkett, Robert Lavale; commend...................................................................2839 HR 1182 --Sharp, Mr. and Mrs. Claude L.; 50th Anniversary; commend ....................2839 HR 1183 --Tucker High School athletic teams; commend ..............................................2839 HR 1184 --Harris, Reverend Samuel Leon; commend......................................................2839 HR 1185 --"James Hightower and the Gospel Special Day";
3/25/90; proclaim........................................................................................2995 HR 1186 --Jordan, Captain Bruce; commend ....................................................................2995 HR 1187 --Buckhead community; 150 years; commend...................................................2995 HR 1188 --The Press Sentinel; 125th Anniversary; commend........................................2995 HR 1189 --Clayton General Hospital Auxiliary; commend..............................................2995 HR 1190 --Baum, Ronald C.; commend and recognize ....................................................2995 HR 1191 --Cobb, Judy; commend..........................................-.............................................2995 HR 1192 --Wilma W. Shelnutt Senior Adult Center; commend.....................................2995 HR 1193 --Smick, Dr. Kirk L., O.D.; commend ................................................................2995 HR 1194 --Gibbons, Ms. Iris; commend .............................................................................2995 HR 1195 --Vigil, Mr. Allan; commend .............................................. ..................................2995 HR 1196 --Renfroe, Gilbert; commend ...............................................................................2996 HR 1197 --Georgians for the Preservation of Rural Lifestyles; commend....................2996 HR 1198 --Earth Day 1990; support....................................................................................2996 HR 1199 --Burke, Honorable W. J.; commend..................................................................2996 HR 1200 --Holland, John Howard; commend....................................................................2996 HR 1201 --Alford, Calvin Dean; 60th Birthday; commend..............................................2996 HR 1202 --Alford, Eula Byron Cannon; 60th Birthday; commend ................................2996 HR 1203 --Alma, City of; Bacon County; Blueberry Capital of
Georgia; recognize.......................................................................................2996 HR 1204 --Intern Program for 1990 General Assembly session;
commend members ....................................................................................2996 HR 1205 --Athon, Honorable Troy; commend...................................................................2996 HR 1206 --Thompson, Honorable Steve; commend..........................................................2996 HR 1207 --Smyre, Honorable Calvin; commend................................................................2996 HR 1208 -- "Murrayville Day"; April 28, 1990; proclaim..................................................2997 HR 1209 --Lee, Honorable Bill; recognize and commend................................................2997 HR 1210 --Sanctity of Life program; Pointe South First Baptist
Church; commend ......................................................................................2997 HR 1211 --Jackson, Honorable William Stonewall "Bill"; commend ............................2997 HR 1212 --Harris, Governor Joe Frank; honor..................................................................2997 HR 1213 --House of Representatives; page staff; commend............................................2997 HR 1214 --Holland, Eva Lynn Purser; commend .............................................................2997 HR 1215 --Knight, William R., Jr.; commend ...................................................................2997 HR 1216 --Holland, John C. and Annie Lou Lester; commend......................................2997 HR 1217 --Office, Mary Frances; commend.......................................................................2997 HR 1218 --Jeff Davis High School football team; commend...........................................2997 HR 1219 --Bailey, Frank I., Sr.; best wishes......................................................................2998 HR 1220 --Second Annual Forsythia Festival; commend ................................................2998 HR 1221 --EXODUS, Inc.; commend..................................................................................2998 HR 1222 --Woodbine Annual Crawfish Festival; commend ............................................2998 HR 1223 --St. Marys Rock Shrimp Festival; recognize....................................................2998 HR 1224 --Kingsland Labor Day Catfish Festival; recognize..........................................2998 HR 1225 --Bennett, Mr. Valene; commend........................................................................2998 HR 1226 --Davis, Dr. Lewis; commend...............................................................................2998
HR 1227 --Glendower, Golden Winston; commend ................................. .........................2998
HR 1228 --G.L.A.D.; community drug prevention efforts; commend ............................2998
HR 1229 --Jones, Coach Oliver; Albany State College basketball
team; commend...........................................................................................2998
HR 1230 --McNulty, Terrence Francis; condolences ........................................................2998

3322

INDEX

HR 1231 --Barnes, Mr. and Mrs. James; 50th Anniversary; congratulate ....................2998 HR 1232 --Bell, Honorable Viola W.; commend................................................................2999 HR 1233 --May, Donald W. and Major Quinn Born; commend .....................................2999 HR 1234 --McGuire, Paul F. and Andrea Eason; commend ...........................................2999 HR 1235 --Dixon, Mr. P. K.; honor .....................................................................................2999 HR 1236 --Clayton County Council of Parent Teacher Association; commend...........2999 HR 1237 --Hill, Anna Catherine and Judith Marchman; commend ..............................2999 HR 1238 --Carey, Cynthia Ann and Peggy Ophelia Caldwell; commend ......................2999 HR 1239 --McDonald, Susan Lynne and Judy Atkins; commend..................................2999 HR 1240 --Mealer, George E. and Jeanine Fulcher Gibson; commend .........................2999 HR 1241 --Mary Persons High School Debate Team; commend....................................2999 HR 1242 --Bibb, Marion Elizabeth; commend ..................................................................3000 HR 1243 --Holland, Katie Ruth; commend........................................................................3000 HR 1244 --Northwest Whitfield High School girls basketball
team; commend...........................................................................................3000 HR 1245 --Marist High School; 1989 football team; commend ......................................3000 HR 1246 --Fargason, Mr. Chad; commend.........................................................................3000

PART IV
SENATE BILLS IN HOUSE
SB 1 --Mountain Protection Act; enact ..............................................................No Action SB 2 --State Employees; on call time; compensation .......................................No Action SB 3 --State employees; certain dismissal; compensation................................No Action SB 6 --State officials and employees; political
activities.............................................................................................No Action SB 7 --Motor vehicle insurance; restricted
driving permits .................................................................................No Action SB 9 --State employees; working test employee;
amend application............................................................................No Action SB 10 --Employees' Retirement; certain forfeited
annual and sick leave; credit.................................!50, 151, 188, 1047, 2017 SB 13 --Insurance and Educational Reinvestment Act for Aid
to Families with Dependent Children.......................................................236 SB 14 --Schools; electronic communication devices;
prohibitions.......................................................................................No Action SB 17 --Teachers Retirement; unused sick leave;
creditable service...............................................................714, 718, 759, 1349 SB 20 --Firearms; possession; certain persons.......................................................476, 2194 SB 28 --Peace Officers' Annuity and Benefit; membership;
Human Resources' employees.....................!50, 151, 188, 1160, 2147, 2342 SB 32 --Motor vehicle insurance; claims; determine
value of vehicle .................................................................................No Action SB 33 --Insurance Consumer Advocate; provide ............................................267, 268, 373 SB 35 --Insurance Commissioner; approval of rate increase.............................No Action SB 44 --Contracts; payment bonds for public works;
requirements.....................................................................................No Action SB 46 --State employees; overtime pay in lieu of
compensatory time ...........................................................................No Action SB 47 --State employees; hospitals and correctional
facilities; night shift supplements..................................................No Action SB 53 --Highways; length of vehicles; amend provisions...................................No Action SB 58 --Probate Courts Retirement Fund;
secretary-treasurer; credit......................................!50, 152, 188, 1047, 2437 SB 59 --Shellfish; regulation of taking..................................................................No Action SB 68 --Driver's license; suspension for juveniles;
certain acts ........................................................................................No Action SB 71 --Trial Judges and Solicitor's Retirement; average
annual compensation....,.............................................150, 152, 188, 702, 921 SB 72 --District Attorneys Retirement; average annual
compensation...................................................!50, 152, 188, 702, 1064, 1290 SB 76 --Superior Courts; certain judge serve another
term ....................................................................150, 152, 188, 702, 922, 1062 SB 79 --Superior Court Judges Retirement and Trial Judges and

3324

INDEX

Solicitors Retirement; membership........................437, 441, 474, 702, 2399 SB 80 --Teachers Retirement; 30 years service ....................................437, 441, 474, 1875 SB 93 --Quality Basic Education; guidance counselors;
salaries ...............................................................................................No Action SB 99 --Jekyll Island-State Park Authority; membership.................................No Action SB 112 --MARTA; arbitration; amend provisions............................2232, 2232, 2325, 2344 SB 118 --Motorcycles; headsets or headphones; authorization ...........................No Action SB 119 --Rabbits; slaughtering and processing; certain
exceptions ..........................................................................................No Action SB 121 --Sheriffs' Retirement Fund; single life
annuity..........................................................................437, 441, 474, 476, 723 SB 123 --Probation; ignition interlock device; installation..................................No Action SB 124 --Child Health Services Act; create ...........................................................No Action SB 125 --Insurance; agent's certificate of authorization;
SB 132 --Lookout Mountain Judicial Circuit; add judge.....................................No Action SB 133 --Hospitals; equipment purchases; certain exemptions ..........................No Action SB 146 --Controlled substances; forfeitures; amend
provisions ....................................................................... ...............268, 269, 373 SB 149 --Corrections, Department of; transfer of inmates; fees.........................No Action SB 153 --Cruelty to children; admissibility of certain testimony .................................2212 SB 155 --Fulton County; rodent control; certain residences ...............................No Action SB 162 --Firemen's Pension Fund; increase benefits ..............................438, 441, 474, 476 SB 164 --Handicapped parking; designation..........................................................No Action SB 169 --Municipalities; council members voting on matters
of personal interest .................................................................................... 1295 SB 171 --County attorney; appointment; amend provisions ...............................No Action SB 175 --Insurance; provide claimant certain information..................................No Action SB 177 --Voting; seating arrangements for handicapped
and elderly.....................................!295, 2862, 2971, 2971, 2984, 2985, 3003 SB 178 --Voting; booth for handicapped persons; designation ...........................No Action SB 181 --Divorce; mediation proceedings .........................................................................2073 SB 192 --Coroners; training course; requirement ............................................................2074 SB 195 --Driver's license; suspension; failure to assist
in accidents .......................................................................................No Action SB 196 --Police officers; offense of eluding; penalty ............................................No Action SB 197 --Marriage ceremonies; certain persons; powers ......................................No Action SB 201 --Gwinnett County Facilities Authority; repeal
Act creating .......................................................................................No Action SB 203 --Streams; certain water rights of passage................................................No Action SB 204 --Drug trafficking; school property; separate
offense ...........................................................................2456, 2584, 2780, 2872 SB 207 --Guardianship; certain actions by minors; bond
requirements .....................................................................................No Action SB 208 --Homeless; shelter and meals; implement program to provide........................475 SB 211 --Pardons and Paroles; attorney's representatives
appear before Board ........................................................................No Action SB 212 --Child support; noncustodial parent; amend provisions .......................No Action SB 213 --School buses; lights requirements ...........................................................No Action SB 217 --Evidence; defendants' testimony; impeachment...................................No Action SB 218 --Ethics; extortion by public officials; prohibitions.................................No Action SB 227 --Juvenile Intake Workers and Probation Officers;
state subsidies...................................................................................No Action SB 229 --Hospital authorities; powers..........................................................H68, 2016, 2231
SB 230 --Architecture; amend provisions.....................................................!568, 2125, 2341
SB 232 --Fair Employment Practice; Employment Security; certain fishing boats..............................................................2632, 2830, 3012

INDEX

3325

SB 236 --State Government; vendor invoices; publication of aging reports ........................................................................................67, 77
SB 237 --Counties and municipalities; solid waste disposal contracts; bids...................................................................................No Action
SB 238 --Child custody cases; appeal procedures.................................................2073, 2448 SB 242 --Police chief emeritus; create honorary office ........................................No Action SB 243 --Preservation of Private Enterprise Act; enact..................................675, 678, 711 SB 248 --Drivers' license; suspension; notify Public Safety
Department...............................................................................761, 2410, 2652 SB 250 --Georgia Real Estate Appraisers Board;
create..............................................................195, 197, 235, 1348, 2238, 3012 SB 251 --Indigent defense; public defender; authorization .................................No Action SB 262 --Department of Public Safety; Uniform Division;
qualifications................................................................................237, 536, 677 SB 265 --Lobbying; certain state officials; registration ....................................................520 SB 268 --Medicaid Prescription Drug Bidding and Rebate Program................No Action SB 270 --Open meetings, notices; public records, definitions .............................No Action SB 271 --Legal advertisements; change rates.........................................................No Action SB 280 --Pardons and Paroles; certain offenses; restrictions..............................No Action SB 291 --Billiard rooms; regulation ....................................................................373, 590, 717 SB 295 --Cobb County; annex certain territory ....................................................No Action SB 296 --Public contracts; bids; restrictions..........................................................No Action SB 307 --Ambulances; motor vehicle insurance;
requirements...........................................................................l680, 1682, 1875 SB 308 --License plates; certain military; red, white
and blue colors..................................................................................No Action SB 311 --State Board of Education; membership; qualifications .......................No Action SB 312 --Employees' Retirement; Georgia Federal-State
Shipping Point Inspection Service; creditable service .......................................................................438, 441, 474, 1047, 2374 SB 322 --Traffic offenses; fines; additional penalties ...........................................No Action SB 326 --Planning and Budget, Office of; continuation budget report ....................................................................................No Action SB 328 --Abandoned motor vehicles; liens; filing fee ...........................................No Action SB 333 --Hospitals; staff privileges; discrimination; prohibitions.............................................................................l568, 2017, 2231
SB 335 --Atlanta, City of; traffic offenses; penalty ..........................................................................1956, 2431, 2481, 2653
SB 336 --Evidence; amend Code .........................................................................526, 532, 570 SB 342 --Special license plates; colleges or universities .......................................No Action SB 344 --Teachers Retirement; certain private schools;
creditable service .........................................................................438, 441, 474 SB 346 --Administrative Procedure; hearings; private session......................................!956
SB 349 --Floyd County; juvenile court; duties and salary ...................................................................................852, 855, 959, 1205
SB 351 --Public officials; financial disclosure; filing.............................................No Action SB 352 --Augusta, City of; airport authority; create ............................................No Action SB 353 --Children and youth investment fund; traffic fines...............................No Action SB 354 --Prisoners; transmittal information; notification...........................237, 2201, 2342 SB 355 --Georgia Children and Youth Overview Committee; create.................No Action SB 356 --Hart County; commissioners; create new board....................................No Action SB 357 --Hart County; sheriffs compensation ...........................................2518, 2632, 2653
SB 358 --Hart County; tax commissioner's compensation...................................2632, 2653
SB 359 --Hart County; superior court clerk and probate court judge;
compensation..........................................................................2520, 2632, 2653
SB 361 --State property; resolutions conveying; requirements ...........................No Action
SB 363 --Atlanta; traffic court; funds for constructing jails ...................................247, 404

3326

INDEX

SB 364 --Municipal officers and employees; compensation increases; date ................................................................................95, 130, 197
SB 367 --Detention Buildings and Facilities Authorities Law; enact .........................................................................................No Action
SB 369 --Development authority; colleges; certain facilities used by athletic association............................................................No Action
SB 374 --At-risk children and youth; establish certain goals; strategy .............................................................................................2353
SB 382 --Children and youth; community innovation zones; designate ............................................................................................No Action
SB 383 --Juveniles; local justice services; funding ................................................No Action SB 384 --Wilkinson County; board of education member serve
as municipal officer..........................................................................No Action SB 385 --Gordon, City of; municipal officer serve on Wilkinson
County board of education .............................................................No Action SB 388 --Gwinnett County; public defender; create office ..................................No Action SB 389 --Law enforcement officers; injured in line of duty;
compensate.............................................................................1113, 1116, 1168 SB 392 --Keysville, City of; new charter ................................................................No Action SB 399 --Savannah, City of; corporate limits ........................................................No Action SB 405 --Northeastern Judicial Circuit; supplement............................................No Action SB 406 --Blue Ridge Judicial Circuit; supplement ...............................................No Action SB 411 --Quality Basic Education; certain schools to receive
sparsity grants...............................................268, 269, 373, 2801, 2965, 3013 SB 412 --Gambling; certain games or devices;
exceptions............................................438, 442, 474, 1417, 2600, 2921, 3015 SB 413 --Wills; revocation by divorce; amend provisions .........................1113, 1116, 1168 SB 414 --Probate court; costs..........................................................-.........195, 197, 235, 1208 SB 415 --Municipal elections; dates.................................................l95, 197, 235, 520, 2600 SB 416 --Fire protection; buildings; exemption from certain
requirements..............................-..................................................195, 197, 235 SB 417 --Employee Benefit Plan; flexible benefits;
self-insured plan ...........................................195, 197, 235, 1568, 2860, 3013 SB 418 --Default judgment; introduction of certain evidence; amend
requirements.................................................................................l51, 152, 188 SB 419 --Wiretapping; certain devices; exceptions...........................................151, 152, 188 SB 420 --Diagnostic procedures; intraductal injection; informed
consent......................................................................438, 442, 474, 2074, 2515 SB 421 --Accusations; district attorney's authorization.............................1060, 1062, 1098 SB 422 --Hunter safety certificate; examination..................................956, 960, 1044, 1479 SB 423 --Paternity test; temporary child support; final
judgment.............................................................................!51, 153, 188, 2456 SB 424 --Part-time judge; definition........................................................378, 379, 394, 1649 SB 427 --Hazing; punishment....................................................................675, 678, 711, 2215 SB 430 --Public official; moral turpitude conviction;
ineligibility to hold civil office.................................................957, 960, 1044 SB 433 --Motor vehicle insurance; premium reduction; defensive
driving course..............................................l51, 153, 188, 236, 248, 462, 718 SB 434 --Accident and sickness insurance; certain groups
pooled for rating purposes..............................!502, 1505, 1567, 2165, 2278, 2372, 2450, 2513, 2605, 2654
SB 435 --Day-care centers; employee record checks; hearing officer; powers....................................................................................-.......438, 442, 474
SB 439 --Teachers; certification; amend requirements....................................715, 718, 759
SB 440 --Education; standards for grants to systems operating middle schools...............................................438, 442, 474, 1567, 2195, 2342
SB 441 --Loitering; post signs in public housing

INDEX

3327

projects..................................................................................438, 442, 474, 851 SB 442 --Fulton County; board of commissioners; chairman's
election................................................................H14, 1116, 1168, 2325, 2328 SB 443 --Adoption; revise provisions ..........................439, 442, 474, 479, 2323, 2418, 3015 SB 444 --Indemnification; law enforcement officer; line of
duty; definition ............................................................................439, 443, 474 SB 445 --Probate court judge; training requirement; repeal
certain provisions............................................439, 443, 474, 878, 1955, 2233 SB 447 --Teachers and employees; health insurance; maximum
fees for certain services..........................................715, 718, 759, 2074, 2509 SB 448 --Driver's license; vision standards; requirements......................................439, 443,
474, 761, 1009, 1115 SB 449 --Probate court judge; filling vacancy ..............................526, 532, 570, 1208, 2595 SB 450 --Abandoned motor vehicle; towing; law enforcement officer
furnish information..........................................!502, 1505, 1567, 1598, 1955, 2149, 2439, 2449, 2492, 2492, 2553, 3016
SB 451 --Derelict motor vehicle; abandonment; disposition ....................................................................1587, 1592, 1658, 1955
SB 454 --Probation; maximum amount of fine; increase........................................397, 398, 429, 2073, 2191
SB 455 --Sheriffs' Retirement Fund; membership ..........................................439, 443, 474, 476, 695, 722
SB 457 --Trade; rights of ownership of works of fine art........................................................................526, 532, 570, 852, 2020
SB 460 --Secretary of State; certain authorities; remove from membership..........................................675, 678, 711, 1048, 2026, 2231
SB 462 --Adoption; parental rights; failure to care for child.................................378, 379, 394, 1169, 2511, 2653
SB 464 --Workers' Compensation; amend provisions .....................................527, 532, 570, 1045, 2024, 2182
SB 468 --Hospital Financing Authority; powers ............................................959, 960, 1044, 1532, 2265, 3013
SB 469 --State property; full-time employees; remain in office 3 days each week.........................................................................397, 399, 429
SB 470 --Driver's license; ages 16 to 18; requirements....................................379, 380, 394 SB 471 --Downtown development authorities; power of
eminent domain ...........................................................................675, 678, 711 SB 472 --Probate courts; contempt; penalty ......................527, 532, 570, 1208, 2304, 3013 SB 477 --Child custody; amend provisions...................-...................1374, 1377, 1486, 2456,
2829, 2906, 2926 SB 478 --Solid waste disposal; permit provisions....................................439, 443, 474, 761,
1512, 1680, 1903, 1953, 1953, 2116, 2132 SB 483 --Whitfield County; motor vehicle; designated
registration....................................................................................527, 532, 570 SB 484 --Human Resources; delinquent child; transfer
custody.......................................715, 719, 759, 2419, 2802, 2907, 2925, 3021 SB 485 --Human Resources; delinquent child; evaluation....................715, 719, 760, 2419 SB 486 --Recall Act; legal sufficiency; definition.............................................397, 399, 429,
724 1295 2196 3013 SB 488 --Children's Day; observance .................................................397, 399, 429, 571, 687 SB 489 --Downtown development authority; director's
qualifications............................................................527, 533, 570, 1048, 2509
SB 490 --Houseboats; operation on certain lakes;
prohibitions..............................................................898, 900, 953, 1479, 2521
SB 495 --Teachers; transfer to nonteaching position after
25 years.........................................................................1285, 1291, 1355, 2322
SB 497 --Candidates; financial disclosure; filing ..............................................196, 198, 235

3328

INDEX

SB 499 --Schools; alcohol and drug course; requirement ................................772, 776, 849 SB 500 --Drug-free Public Work Force Act; enact....................................H13, 1116, 1168,
2371, 2515, 2654 SB 502 --State employees; random drug testing..........................857, 859, 890, 2455, 2485 SB 503 --Controlled substances; licensing sanction; certain
occupation....................................................957, 960, 1044, 1568, 1927, 2116 SB 507 --Driver's license; under 18 years;
disqualifications.................................................................379, 380, 394, 1046 SB 508 --Georgia Residential Finance Authority; expand
powers.............................................................379, 380, 394, 1568, 1911, 2117 SB 509 --Parental rights; termination determination .........................................1676, 1682,
1875, 2215, 2839 SB 512 --Firearms; license to carry; illegal drug
conviction; eligibility ..............................................527, 533, 570, 1570, 2193 SB 514 --Drug offenses; superior court clerks publish
names.......................................................................................l681, 1682, 1875 SB 516 --Food containing certain pesticide residues;
adulterated and unsafe ..............................................268, 269, 373, 394, 541 SB 517 --Livestock; control of disease; enforcement.......................................268, 269, 373,
394, 542, 677 SB 518 --Farmers' market; rental or leasing property ....................................268, 269, 373,
394, 542 SB 519 --Hazardous waste facilities; reports..........................................772, 776, 849, 1961,
2793, 3013 SB 521 --Controlled substances; forfeiture; proceeds; certain
children and youth................................................................1285, 1291, 1355 SB 523 --Corporations; effectuate insurance upon certain employees;
authorization..............................................................527, 533, 570, 851, 1390 SB 524 --Telephone service; toll free dialing; certain intracounty
calls..........................................................1116, 1117, 1168, 1649, 2001, 2120, 2164, 2192, 2204, 2895, 3016
SB 525 --State employees; sick leave; compensation of regular workday ...........................................................................578, 579, 672
SB 527 --Schools; sparsity grants for fiscal year 1991 .....................................440, 444, 474 SB 529 --Petroleum gas; storage facilities; requirements ...............................675, 679, 711,
1046, 2171 SB 530 --Economic Rehabilitation Act; revise provisions ..............................397, 399, 429,
850, 1998 SB 531 --Driver's license suspension; drug trafficking........................................1184, 1184,
1282, 1380 SB 533 --Comprehensive Solid Waste Management Act; provide.........................898, 900,
953, 1145, 1218, 1376 SB 534 --Natural Resources, Board of; judicial review of decisions;
hearing......................................................!588, 1593, 1658, 1961, 2592, 2653 SB 537 --Alien corporations; annual registration; filing.................................675, 679, 711,
1955, 2599 SB 540 --Credit unions; investment of funds; loan
participation............................................................^?, 533, 570, 1045, 1900 SB 542 --Alcoholic beverages; Sunday sales; certain
date......................................................................................528, 533, 570, 1649 SB 544 --Motor vehicle insurance; proof; counterfeit document;
penalty ...................................................675, 679, 711, 880, 1568, 2483, 2654
SB 545 --Drug testing; certain state officials, employees and certain
candidates................................................1592, 1593, 1658, 2323, 2853, 3013
SB 547 --Highways; two way left turn only lane; designate...............................1113, 1117,
1168, 1650, 1839
SB 548 --Ocmulgee Judicial Circuit; add judge............................676, 679, 711, 1569, 2132

INDEX

3329

SB 551 --Family violence; certain facts; defendant remanded into custody ................................................................................715, 719, 760, 2529
SB 552 --Health; sterilization upon request; remove certain provisions .................................................................576, 579, 672, 2074, 2603
SB 553 --Medical malpractice; mandatory arbitration; certain claims ...................................................478, 478, 519, 2323, 2587, 2656, 2893
SB 554 --Bonds; expenditure of funds other than stated ..............................776, 777, 849, 2165, 2235
SB 555 --State employees; two breaks during eight-hour shift......................576, 579, 672 SB 556 --Administrative Procedure Act; certain Boards and
Department; rules........................................................................531, 533, 570 SB 558 --Teachers; certification renewal fees ...................................................898, 900, 953 SB 560 --Advisory Commission on Programs for Visually and Hearing
Impaired; termination date ...................................576, 579, 672, 1480, 2305 SB 561 --County jails; confinement of inmate; jurisdiction ...............................1113, 1117,
1168, 1569, 2306, 2468 SB 563 --Dams; expiration date for certain exemption........................898, 901, 953, 1561,
1918, 2117 SB 564 --Mortgages; additional persons who may execute
cancellation.........................................................................676, 679, 711, 2846 SB 565 --Contracts; right to bring action; nonresident
contractors....................................................................................528, 534, 570 SB 566 --Bingo; fingerprints or photo; licensing requirements..............................528, 534,
570, 1169, 2306, 2469 SB 567 --Transportation service for elderly and handicapped
persons; amend..........................................................528, 534, 570, 852, 1926 SB 568 --State Games Commission; assignment to Department of
Natural Resources...................................................899, 901, 953, 1045, 2191 SB 570 --Carnival Ride Safety Act; regulation........................................528, 534, 570, 850,
2148, 2222, 2342 SB 572 --Professional Counselors, Social Workers, Marriage
and Family Therapists, Board of; termination date .............................................................................576, 579, 672, 850, 1900 SB 573 --Dispensing Opticians, Board of; termination date..........................576, 579, 672,
850, 1901 SB 574 --Auctioneers Commission; termination date .....................................715, 719, 760,
1568, 2602 SB 575 --Farm Animal and Research Facilities Protection Act;
provide............................................................528, 534, 570, 1275, 2122, 2342 SB 577 --Stone Mountain Judicial Circuit; add judge...................................957, 960, 1044 SB 579 --Arson investigator; witness fees .....................................577, 580, 672, 1961, 2869 SB 580 --Law enforcement; assistance; institution of the University
System ........................................................................577, 580, 672, 851, 1926 SB 584 --Commercial Driver's License Act; school bus;
definition.......................................................................................857, 859, 890 SB 585 --Commercial Driver's License Act; nonprofit organization
vehicle; definition ........................................................................857, 859, 890 SB 586 --Civil practice; renewal; subject matter jurisdiction.................................676, 679,
711, 2323, 2851, 3014 SB 588 --Examining boards; questions; confidentiality..................................676, 680, 711,
1649, 1902 SB 590 --DeKalb County; code of ethics.......................................774, 777, 849, 1170, 1180
SB 591 --Dual party telephone relay system; physically impaired .......................718, 719,
760, 1046, 2236, 2469
SB 593 --Coroner's Training Council; quorum; amend provisions........................577, 580,
672, 1169, 2262
SB 594 --Coroners; embalming expenses; payment .....................577, 580, 672, 1169, 2262

3330

INDEX

SB 595 --Coroner's Training Council; membership; terms.............................577, 580, 672, 1169, 2302, 2451, 2543
SB 597 --Georgia Education Trust; create .............................................529, 535, 570, 1567, 2440, 2472, 2891
SB 598 --Reapportionment; composition of certain state Senate districts ...............................................................................715, 719, 760, 1046
SB 600 --Public officials; malfeasance; punishment........................................772, 777, 849, 1955, 2144, 2342
SB 601 --Securities; certain business activities; transmission of money........................................................................529, 535, 570, 1045, 2235
SB 602 --Sexual offenses; offense of sexual battery............................957, 961, 1044, 1570, 2843, 3015
SB 605 --Water pollution; combined sewer overflow system; permit ...................957, 961, 1044, 1561, 1923
SB 606 --Water pollution; combined sewer overflow; treatment plan.....................................................957, 961, 1044, 1561, 1924, 2007, 2318
SB 608 --Water Quality Control Act; violation; penalty ................................577, 580, 672, 1561, 2309, 2451, 2603, 3021
SB 612 --Prisons; certain medical records transfer with inmate.......................1060, 1062, 1098, 1488
SB 613 --State government; in-state vendors; preference ..............................577, 581, 672,
1568, 2312, 2469 SB 614 --Dahlonega, City of; mayor and councilmen; election..............................478, 478,
519, 2325, 2328 SB 615 --Financial transaction card; fraud; penalty .......................................529, 535, 570,
1045, 1997 SB 616 --Lobbying; contributions while General Assembly
in session.................................................................................!286, 1292, 1355 SB 617 --Administrative Services; local government procure
service at competitive prices......................................................578, 581, 672 SB 620 --Asbestos Safety Act; termination date..........................578, 581, 672, 1568, 2200 SB 622 --Adult education; personnel accrue sick and annual leave......................899, 901,
953, 2322, 2822, 3014 SB 623 --Georgia Military College; create Board of Trustees............................l286, 1292,
1355, 1955, 2262, 2470 SB 624 --Macon-Bibb County Water and Sewerage Authority; wastewater
pretreatment....................................................529, 535, 570, 624, 2216, 2221 SB 626 --Crimes; sexual assault against persons in custody ..................................957, 961,
1044, 2073 SB 628 --Health Planning Review Board; applications; time for
hearing.....................................958, 961, 1044, 1168, 1509, 2074, 2596, 3014 SB 629 --School buses; summer camps; transportation of
students..............,.....................................1060, 1063, 1098, 1720, 1999, 2231 SB 630 --Domestic relations; children's interest; parents attend
seminar .....................................................................772, 777, 849, 1208, 2283 SB 632 --Charities; endowment fund; historic dollar value .........................958, 961, 1044,
1348, 1910 SB 634 --Magistrate Court; disciplining of magistrates; approval...............................1374,
1378, 1486, 1955, 2305 SB 636 --Evidence; persons gathering news and dissemination;
privilege....................................................l286, 1292, 1355, 2212, 2235, 2469 SB 637 --Disabled veterans; design of license plates ....................................958, 962, 1044,
1480, 2437
SB 638 --Youth development center; offense committed while
confined; transfer.........................................................................772, 777, 849
SB 639 --Candidates; nomination petitions; cards with one signature;
requirement........................................................................716, 720, 760, 2412

INDEX

3331

SB 640 --District attorneys emeritus; practicing law; repeal certain prohibitions...........................................................^^ 962, 1044, 1649, 2015
SB 641 --Search warrants; issuance; requirements..........................l374, 1378, 1486, 1569, 2015, 2232
SB 642 --Motor vehicle; fleeing or attempting to elude officer; penalty ................................................................1676, 1682, 1875, 1955, 2277
SB 644 --Pollution Prevention and Waste Reduction Assistance; provide.....................................................................................!503, 1506, 1567
SB 645 --Buford; homestead exemption; elderly or disabled.............................1591, 1593, 1658, 2080, 2080
SB 646 --Hartwell; municipal office; repeal certain expiration provisions .................................................................716, 720, 760, 1356, 1373
SB 647 --Ellaville, City of; new charter ..............................716, 720, 760, 1570, 1585, 1895 SB 650 --Georgia Condominium Act; amend provisions.......................857, 859, 890, 2549 SB 651 --Environmental Policy Act; create.......................................................676, 680, 711 SB 652 --Hazardous Waste Management Authority; membership;
terms...............................................................676, 680, 711, 1961, 2837, 3014 SB 654 --Zoning; conflicts of interest; revisions .....................................899, 901, 953, 2371 SB 655 --Motor vehicle theft prevention program;
establish..................................................................................1113, 1117, 1168 SB 658 --Bailable offenses before superior court judge;
provisions......................................................................!588, 1593, 1658, 2641 SB 659 --Macon-Water Commissioners Pension Plan; custodian of
fund...........................................................................716, 720, 760, 2216, 2221 SB 660 --Georgia Industrial Finance Authority; create ...................................899, 901, 953 SB 662 --Motor vehicle accident insurance; reduced premium; honor
students.........................................!677, 1683, 1875, 2215, 2419, 2514, 2583, 2655, 2691, 2938, 3016
SB 663 --Former POW Recognition Day; designate April 9........................959, 962, 1044, 2212, 2374, 2470
SB 665 --Dimension lumber; grading; standards....................!060, 1063, 1098, 1348, 1508 SB 668 --Professional Counselors, Social Workers, Marriage and
Family Therapists; termination..........................................l060, 1063, 1098, 2079, 2405, 2985, 2991
SB 669 --Council of Juvenile Court Judges; duties...................................!588, 1593, 1658, 2456, 2848
SB 671 --Teachers; certification; amend provisions..................................1375, 1378, 1486, 2322, 2852
SB 675 --Pierce County; state court; judge and solicitor; compensation...........................................................774, 777, 849, 1876, 1891
SB 677 --Atlanta, City of; municipal court; certain cases; additional fee....................................................................899, 901, 953, 2216, 2221, 2469
SB 678 --Handicapped persons; multifamily dwellings; accessibility; date .........................................................................959, 962, 1044, 1082, 1488
SB 679 --Children and youth; financial assistance for certain adoptions.................................................................................l286, 1292, 1355
SB 680 --State Properties Commission; revocable license; granting ..............................................................1286, 1292, 1355, 1488, 2299
SB 681 --Professional Engineers and Land Surveyors; composition of board...................................................................1181, 1184, 1282, 2325, 2841
SB 682 --Child abuse; accessibility to records; certain persons..............................................................................-......1680, 1683, 1875
SB 683 --Tax collectors; applicability to certain county; remove
provision.............................................................1114, 1117, 1168, 2641, 2642
SB 685 --Irwin County; deputy sheriffs; compensation ..................................858, 860, 890, 1170, 1180
SB 686 --Savannah, City of; one at-large alderman who shall

3332

INDEX

serve as vice-mayor ......................................900, 902, 953, 2325, 2328, 2470 SB 687 --Counties and municipalities; sell or grant property to
state..........................................................1181, 1184, 1282, 1956, 2833, 3014 SB 688 --Durable Power of Attorney for Health Care Act;
provide.....................................................................................!588, 1593, 1658 SB 691 --Warehousemen; license requirements......................!060, 1063, 1098, 1348, 2448 SB 693 --Group self-insurance funds; maintenance of security
deposits ....................................................1677, 1683, 1875, 2074, 2309, 2354 SB 695 --Nursing homes; sprinkler systems; requirements.......................1503, 1506, 1567 SB 696 --Low phosphorous household laundry detergents; amend
provisions.......................................!503, 1506, 1567, 2079, 2595, 2819, 3014 SB 698 --Marriage and family therapists; supervisor;
qualifications..........................................................................1181, 1185, 1282 SB 699 --Public records; computer programs or software;
exceptions...........................,...............................1588, 1593, 1658, 2079, 2408 SB 700 --Motor vehicle; tinted windshield requirements; funeral
directors ........................................................................1182, 1185, 1282, 1955 SB 701 --Grade crossing; protective devices; installation..........................1562, 1593, 1658 SB 704 --Election officials; transacting business with county;
prohibitions.................................................................-...........1503, 1506, 1567 SB 705 --Family Preservation and Child Protection Reform Act;
provide......................................................!286, 1292, 1355, 2323, 2847, 3015 SB 706 --Atlanta, City of; contracts; binding agreements..................................1375, 1378,
1486, 2641, 2642, 2790, 3014 SB 707 --State property; acquisition; time for recording....................................1680, 1683,
1875, 1961, 2400 SB 708 --Quality Basic Education; staff and professional development
stipends; funds.............................................................!286, 1293, 1355, 2322 SB 709 --Insurance; certain rate filings; include in annual
report..............................................l677, 1683, 1875, 2074, 2079, 2118, 2439 SB 710 --DeKalb County; commissioners; expense allowance...........................1677, 1683,
1875, 2458, 2460 SB 711 --Buildings; smoke detectors in certain locations;
exceptions............................!677, 1684, 1875, 2167, 2870, 2978, 2992, 3021 SB 713 --Griffin, City of; homestead exemption; elderly or
disabled...............................................................H83, 1185, 1282, 1570, 1572 SB 714 --Water quality; certain lakes; standards......................................1680, 1684, 1875,
2325, 2857, 2926, 2948 SB 715 --Cobb Judicial Circuit; add judge..................................................1375, 1378, 1486 SB 716 --Aboveground storage tanks; diesel fuel; no
prohibition...............................................1503, 1506, 1567, 2079, 2968, 3015 SB 717 --Georgia Music Hall of Fame Authority; create ...................................1291, 1293,
1355, 1400, 1875, 2079, 2119 SB 718 --Georgia Music Hall of Fame Authority Overview Committee;
create..............................................!291, 1293, 1355, 1400, 1875, 2079, 2121 SB 719 --DeKalb County; board of education; expense
allowance............................................................1677, 1684, 1875, 2458, 2460 SB 720 --Sugar Hill, City of; corporate Iimits............................................l287, 1293, 1355,
1570, 1586 SB 722 --Cobb County; state court; position of chief judge...............................!288, 1293,
1355, 1876, 1891 SB 723 --Traffic offenses; arrest; persons may not be
released .........................................................................1677, 1684, 1875, 2641
SB 724 --Fulton County; library; board of trustees; per diem
allowance..................................................l504, 1506, 1567, 2080, 2106, 2231
SB 725 --Nursing homes; certain violations; notification ..........................1588, 1593, 1658
SB 727 --Glynn County Superior Court; Brunswick Judicial

INDEX

3333

Circuit; term..................................!588, 1593, 1658, 1688, 2323, 2396, 2469 SB 728 --Children; certain employment; workers' compensation;
coverage....................................................!589, 1593, 1658, 2549, 2798, 3015 SB 731 --Ocmulgee Judicial Circuit; judges; supplement...................................1589, 1593,
1658, 1876, 1892 SB 735 --Plats; regulations; land sales; recording......................................!680, 1684, 1875,
2323, 2395, 2469 SB 741 --Salt-water fishing; license fees..................................!681, 1684, 1875, 2079, 2438 SB 742 --Cobb Judicial Circuit; judges' supplement.................................1589, 1593, 1658,
1876, 1893 SB 743 --Cobb County; probate court judge and clerk;
compensation.....................................................1589, 1593, 1658, 1876, 1894 SB 744 --Cobb County; state court judges; compensation..................................1589, 1593,
1658, 1876, 1894 SB 745 --Sandy Springs; new charter...........................................................l677, 1685, 1875 SB 746 --Disposition of Unclaimed Property Act; provide ................................1682, 1685,
1875, 2322, 2381, 2470 SB 747 --Orchard Hill, City of; mayor and council; election.............................1678, 1685,
1875, 2080, 2107 SB 748 --Gordon County; board of commissioners; create.................................1678, 1685,
1875, 2080, 2108, 2232 SB 749 --Chatham County; certain officials; change
compensation.....................1678, 1685, 1875, 1961, 1986, 2176, 2319, 2381, 2450, 2624, 3016
SB 750 --Health insurance; mammograms and Pap smears; coverage .............1681, 1685, 1875, 2074, 2412, 2514, 2584
SB 751 --Flea market sales; certain records; requirement..................................1681, 1686, 1875, 1901, 1956
SB 752 --Whitfield County; motor vehicle; staggered registration.........................................................1990, 1995, 2078, 2216, 2222
SB 756 --Cobb County; state court; certain judges; compensation .....................................................2111, 2117, 2215, 2325, 2334
SB 757 --Cobb County; solicitor and assistant solicitors; compensation .....................................................2111, 2117, 2215, 2325, 2335
SB 758 --Gordon County; emergency telephone number 911; create...................................................................2112, 2118, 2215, 2325, 2335
SB 759 --Columbia County; board of education; elections........................2112, 2118, 2215 SB 760 --Fayette County; school superintendent; appointment........................2227, 2232,
2325, 2458, 2460 SB 761 --Jefferson, City of; ordinances; emergency approval; repeal
provisions...........................................................2227, 2232, 2325, 2458, 2461 SB 762 --Jefferson County; board of education; election ...................................2227, 2233,
2325, 2458, 2461, 2653 SB 763 --Columbia County; school superintendent; election....................2227, 2233, 2325 SB 764 --Jefferson, City of; school tax levy; authorization................................2227, 2233,
2325, 2458, 2461 SB 765 --Monroe County; board of commissioners; compensation ...................2232, 2233,
2325, 2458, 2462 SB 766 --Cobb County; state court; assistant solicitors; increase
number .....................................................2350, 2352, 2457, 2641, 2643, 3015

PARTY
SENATE RESOLUTIONS IN HOUSE
SR 4 --General Assembly; open meetings - CA.................................................No Action SR 7 --Joint Legislative Committee on Economy, Reorganization
and Efficiency in State Government; create................................No Action SR 23 --Baldwin County; convey property ..................................................477, 1137, 1290 SR 30 --State Lottery; provide - CA.................................................................430, 515, 525 SR 36 --Floy Farr Parkway; designate ..................................................................No Action SR 37 --Pardons and Paroles; certain conviction; serve
one-third of sentence - CA.............................................................No Action SR 42 --Elections; vacate office when qualifying for
another - CA .....................................................................................No Action SR 52 --Education; hiring practices; discrimination ...........................................No Action SR 54 --Baldwin County; convey property ..................................................877, 1290, 2528 SR 58 --Statewide grand juries; create - CA........................................................No Action SR 64 --Atlanta-Fulton County; convey property....................................1099, 2010, 2231 SR 70 --Access to Health Care Commission; create ...........................................No Action SR 96 --State Board of Pardons and Paroles; members;
terms - CA.........................................................................................No Action SR 110 --Joint Study Committee on Cost Display on State
Publications; create..........................................................................No Action SR 116 --Public officials; certain crimes; ineligibility to
hold office - CA ......................................1648, 1927, 2022, 2120, 2261, 2343 SR 122 --Atlanta; bonded indebtedness without referendum;
education purposes..............................................................l44, 414, 436, 703 SR 140 --Commission on Economy and Efficiency in State
Government; create..........................................................................No Action SR 217 --Medicaid program; urge certain action.............................................775, 778, 849,
2074, 2079, 2171 SR 277 --Notify the House of Representatives the Senate has convened.......................24 SR 280 --Jennie Weyman Memorial Bridge; designate.................398, 399, 429, 522, 1632 SR 281 --Kaolin Parkway; designate portion of growth corridor
program.........................................................................l289, 1293,1356,2212 SR 283 --Initiative petition; power to enact or reject - CA ............................678, 680, 711 SR 285 --Special investigative grand juries; drugs;
jurisdiction - CA....................................................................1183, 1185, 1282 SR 292 --Relative to Adjournment; Adjourn 1/12/90
Reconvene 1/22/90 ...................................................................................67, 68 SR 297 --Glynn County; Colonel's Island; marker in honor of
Governor Vandiver .................................................437, 444, 474, 1099, 1922 SR 298 --Civil action against state agencies; Attorney General
authorization - CA.......................................................................398, 399, 429 SR 304 --Georgia 1992 Commission; provide ..........................................717, 720, 760, 1048 SR 305 --Governor's Commission on the Social Status of Black Males;
create..............................................................196, 198, 235, 1356, 1478, 1658

3336

INDEX

SR 306 --Warren D. Earnest, Sr. Bridge; designate ......................398, 400, 429, 522, 1080 SR 307 --William Deverell, Sr. Bridge; designate..........................398, 400, 429, 522, 1080 SR 314 --Joint Task Force on Revising Employment Security Law;
create.........................................................................437, 444, 474, 1045, 2024 SR 315 --Federal government; unemployment programs; funding ...............398, 400, 429,
1045, 1158 SR 327 --Solid waste facilities; loans to counties and
municipalities - CA......................................................................576, 581, 672 SR 331 --Natural Resources Department; minimum standards and
procedures; ratify ......................................................437, 444, 474, 761, 1318 SR 332 --Regional development centers; supplemental funding
formula; ratify.........................................1376, 1378, 1486, 1956, 2079, 2170 SR 335 --Tattnall County; convey property .....................................531, 535, 570, 761, 907 SR 336 --McDuffie County; grant easement...................................531, 535, 570, 761, 1080 SR 362 --Luther V. Land Bridge and J. R. Reeves Bridge;
designate..................................................1183, 1185, 1282, 1650, 1897, 2231 SR 363 --Joint Study Committee on Efficiency in State Government;
create...................................................................................717, 720, 760, 1295 SR 380 --"Motorcycle Awareness and You Month"; recognize..............................956, 962,
1044, 1480, 2401 SR 386 --Industrial area; ad valorem tax; removal of
property - CA...................................................................956, 962, 1044, 1568 SR 387 --Revenue debt; business loans to encourage economic
development - CA........................................................................899, 902, 953 SR 397 --University System of Georgia; revenue-producing facilities;
financing - CA............................................................................956, 962, 1044 SR 402 --Commission on Criminal Sanctions and Correctional
Facilities; create.....................................................................!377, 1379, 1486 SR 410 --Chatham County; certain property; acquisition ..................................1289, 1294,
1356, 1488, 2404 SR 413 --Tattnall County; grant easement.................................................l289, 1294, 1356,
1961, 2079, 2168, 2231 SR 414 --Committee on Parks, Recreation, Historic Preservation
and Natural Areas; create................................!289, 1294, 1356, 1561, 2352 SR 416 --Crime prevention systems; urge implementation................................1591, 1595,
1658, 2215, 2409, 2469 SR 419 --Trans-South Parkway; designate..................................................!591, 1595, 1658 SR 423 --Moral turpitude conviction; prohibit holding state
office - CA...............................................................................1505, 1507, 1567 SR 427 --Floyd County; grant easement.......................1682, 1686, 1875, 1961, 2299, 2470 SR 432 --Gasoline service stations; certain requirements;
applicability.............................................l505, 1507, 1567, 1961, 1995, 2409 SR 433 --Relative to adjournment; Adjourn 2/09/90;
Reconvene 2/12/90 ...............................................................................923, 923 SR 437 --Teel, Dr. John W.; commend....................,.........................1115, 1145, 2216, 2374 SR 442 --Columbus-Fort. Benning Economic Impact Study Commission;
create...................................................................l562, 1595, 1658, 1875, 1995 SR 443 --Liberty County; convey property.............................!681, 1686, 1875, 1961, 2305 SR 444 --Mills B. Lane, Jr. Bridge; designate.............................................!592, 1595, 1658 SR 457 --Commissioner of Education; create office - CA...................................1681, 1686,
1875, 2322 SR 461 --Ernest W. Strickland Bridge; Joe A. Whitherington Bridge;
designate..................................................1681, 1686, 1875, 2212, 2234, 2470
SR 474 --Relative to adjournment; Adjourn 2/22/90
Reconvene 2/26/90 ...........................................................................1533, 1546
SR 486 --Airborne Forces of U. S. Army; Fiftieth Anniversary;
commend ............................................................2116, 2118, 2215, 2522, 2832

INDEX

3337

SR 496 --Relative to adjournment; Adjourn 3/1/90 Reconvene 3/5/90...................................................................2176, 2190, 2194